Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Ukraine (Ratification: 1979)

The Committee takes note of the communication of 23 August 2002 from the Trade Union Federation of Ukraine containing comments on the application of the Convention. A copy of the communication was sent to the Government on 26 September 2002 so that it could make any observations it deemed appropriate on the issues raised.

The Trade Union Federation of Ukraine alleges in its communication that child labour is an increasingly frequent problem and that there are child workers under the age of 15 in Ukraine. In most cases the children work above all in the informal sector, where labour relations are non-existent and the Government has virtually no control over working conditions. As a result, the children have no right to legal and social protection. Child labour is used in excessive and hard conditions which are harmful to the development of the child. The abovementioned Federation further alleges that not only young people of 15 but also children of 10 years of age are affected by child labour.

The Committee points out that on ratifying the Convention, Ukraine specified a minimum age of 16 years for admission to employment or work. It reminds the Government that under Article 2, paragraph 1, of the Convention, no one under the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is light work, which under Article 7 of the Convention, may be authorized for children of 13 years of age and above. The Committee also reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether or not there is a contractual employment relationship and whether or not the work is remunerated. It accordingly requests the Government to supply information on the legislative measures taken to ensure that children working in the informal sector enjoy the protection provided by the Convention. It also asks the Government to continue to provide information on measures taken to eliminate child labour in practice.

The Committee is raising other matters in a request addressed directly to the Government.