Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Georgia (Ratification: 1996)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee noted that the scope of the Labour Code (section 1) does not cover self-employed workers or any work performed outside an employment relationship. It once again requests the Government to provide additional information indicating the provisions of the national legislation which ensure compliance with the Convention in sectors not covered by the Labour Code.

2. Minimum age for admission to employment or work. The Committee noted the Government’s declaration when ratifying the Convention setting the minimum age for admission to employment or work on its territory at 15 years. It noted that the Labour Code, in section 167(1), refers to the prohibition of the employment of persons under 16 years of age, but that subsection (2) of section 167 of the Code provides for the possibility of derogating from this prohibition in exceptional cases and with the agreement of the trade union of the enterprise. The Committee once again requests the Government to indicate the conditions governing this possibility to derogate from the minimum age for admission to employment or work and the procedures for obtaining the agreement of trade unions in the enterprise.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted that, according to the Government’s report, persons under 18 years of age cannot take jobs in rail transport or perform duties directly related to the handling of trains, and that their engagement in a job is subject to undergoing a medical examination for fitness for this work. In the field of civil aviation, the regulations provide that the minimum age for admission to work is 16 years and that persons under 18 years of age are not authorized to discharge certain occupations, a list of which was provided by the Government in its report. In the case of underground rail transport, the minimum age for admission to work is 16 years and there is a list of occupations which cannot be performed by persons under 18 years of age. Similarly, persons under 18 years of age cannot be employed in underground work or overseas transport. Furthermore, the Committee noted the provisions of the Labour Code (section 169(1)) prohibiting arduous work, hazardous occupations and underground work for persons under 18 years of age. The Government indicated that the list of types of work to which persons under 18 years of age cannot be admitted is currently determined by the inter-departmental Ordinance of 27 April 1988 and that a new list of occupations by economic branch to which persons under 18 years of age may not be admitted is to be adopted. The Committee once again requests the Government to provide a copy of the Ordinance of 1988 and of any other provision determining the types of employment or work which are likely to jeopardize the health, safety or morals of young persons. It also requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted.

Article 6. Apprenticeship. The Committee noted the information provided by the Government in its report of March 2001 for Convention No. 117 to the effect that apprenticeship programmes for children have been adopted under the Education Act and the Initial Vocational Training Act. According to this report, the apprenticeship programmes commence after completion of primary education or, if an authorization is granted, as from the age of 12 years. The Committee reminded the Government that, in accordance with Article 6, Convention No. 138 does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training, a programme of vocational training, or a programme of guidance. The Committee once again requests the Government to take the necessary measures to ensure compliance with this provision and to provide information on the content of the apprenticeship programmes. It also requests it to provide information on the consultations which were held with the organizations of employers and workers concerned with regard to the conditions prescribed by the competent authority for work done by persons of at least 14 years of age in enterprises.

Article 7, paragraphs 1 and 2. Light work. The Committee noted section 167(3) of the Labour Code, which authorizes work by children under 14 years of age outside school periods with the consent of a parent or legal representative, where such work is not prejudicial to their health and schooling. The Committee noted that this exemption is similar to that provided for in Article 7 of the Convention for light work. Under the terms of this provision, work by young persons of between 13 and 15 years of age may be permitted provided that such work is not harmful to their health or development and does not prejudice their attendance at school. However, the terms of section 167(3) do not apply the age limit of 13-15 years. The Committee once again requests the Government to take the necessary measures to ensure that such work is not permitted for children under 13 years of age.

The Committee noted that section 188(2) of the draft Labour Code provides that persons of 14 and 15 years of age may work in exceptional cases in jobs determined by the law, with the consent of a parent or legal representative, provided that the work is not likely to jeopardize their health or morals and does not interfere with their schooling. The Committee once again requests the Government to provide information on the effect given to the draft Labour Code, and particularly on the specific provisions relating to light work, and to provide indications on the manner in which these provisions guarantee that such work is not likely to interfere with compulsory schooling, participation in vocational orientation or training programmes approved by the competent authority or with their capacity to benefit from the instruction received.

Article 7, paragraph 3. Determination of light work. The Committee noted that a list of light work for which children from 13 to 15 years of age may be engaged must be approved. It once again requests the Government to provide a copy of the list when it has been adopted. The Committee also requests the Government to indicate which measures determine, or to adopt such measures, in addition to the activities in which the employment or performance of light work by persons of between 13 to 15 years of age may be permitted, the hours of work and the conditions in which such employment or work may be undertaken.

Article 8. Artistic performances. The Committee noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee once again requests the Government to provide additional information on this subject and to indicate the procedure for granting permits and the conditions applying to such permits.

Article 9. Penalties. The Committee noted the establishment of the labour inspectorate, in September 1995 by the Ministry of Labour, Health and Social Protection, and the provisions of section 237 of the Labour Code respecting the functions of labour inspectors for the protection of young persons. The Committee once again requests the Government to indicate the measures taken with a view to giving effect in practice to the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age.

Article 9, paragraph 3. Keeping of registers by employers. The Committee requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee noted the information provided by the Government in its report concerning the number of children engaged in an economic activity, disaggregated by age group, sex and branch of activity. In its report to the United Nations Committee on the Rights of the Child in 1998 (CRC/C/41/Add.4. Rev.1, paragraph 300), the Government recognized the difficulties of applying in practice the legal provisions respecting persons under 18 years of age: the financial difficulties suffered by most families in the transition period have compelled young persons to engage in individual labour activities or to find jobs in the private sector, with the result that regulations as to age are being infringed and, because of the economic situation, the State cannot combat such infringements by administrative means. The Committee notes this information and requests the Government to continue its cooperation with the International Programme for the Elimination of Child Labour (IPEC) and to provide detailed information on the application in practice of the provisions of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported. With a view to assessing the application in practice of the provisions of the Convention, it once again requests the Government to describe the methodology used for the collection of this information.

The Committee noted the preparation of a new draft Labour Code and noted the information provided by the Government in its report to the effect that the provisions of this draft text will give full effect to the Convention. It once again requests the Government to provide information on developments with regard to the draft Labour Code and to provide a copy when it has been adopted.