Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the information contained in UNESCO documents, school is compulsory for children aged 6 to 15 years. The Committee had considered the requirements of Article 2, paragraph 3, of the Convention fulfilled, since the minimum age for employment was not lower than the age of completion of compulsory schooling. The Committee was nevertheless of the view that compulsory education is one of the most effective means of combating child labour and considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee notes the Government’s information that, according to statistical data, the number of young persons who in practice complete their education at the age of 15 is very low. It also notes that the Government promotes the continuation of education after the completion of compulsory schooling.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that section 265, subsection (3), of the Labour Code of 2001 provides for a list of jobs prohibited for employees under 18 years of age to be approved according to the procedure set by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Committee of Social and Labour Relations. The Committee had also noted that Ordinance No. 283/P-9 of 10 September 1980 of the USSR State Committee Trade Unions provided for a list of hazardous types of work prohibited for persons under 18 years of age. Noting that the list of hazardous occupations dated back to 1980, the Committee had encouraged the Government to review the list of hazardous work in the light of advancing scientific and technological knowledge. The Committee notes with interest the Government’s information that a list of hazardous types of work, prohibited for persons under the age of 18, was approved by Government Decree No. 163 of 25 February 2000 (as amended by Government Decree No. 473 of 20 June 2001). This list contains 2,198 professions and workplaces in different sectors of the economy. The Committee asks the Government to provide a copy of Government Decree No. 473 of 20 June 2001.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that under section 63, subsection (3), of the Labour Code a student of 14 years of age may perform light work out of school hours provided that he/she has obtained the consent of a parent or guardian, and that the work does not prejudice his/her attendance at school and is not harmful to his/her health. The Committee had reminded the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It had requested the Government to indicate the measures taken or envisaged to determine light work activities and the conditions in which such employment or work may be undertaken. The Committee notes the Government’s indication that the national legislation does not determine directly the types of light work. However, it contains provisions which restrict or prohibit certain types of work for young persons and prescribe the number of hours during which such persons may work. Thus, according to section 94 of the Labour Code, workers of 15-16 years of age shall not work for more than 5 hours a day and students of 14 to 16 years, who combine work with studies, may work for not more than 2,5 hours a day. The Committee once again requests the Government to indicate the measures taken or envisaged to determine light work activities, as required by Article 7, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 63, subsection (4), of the Labour Code authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations, and circuses provided that the employer obtains the consent of one parent or guardian. However, the Committee had noted that no reference was made to the obligation to obtain an individual permit from the competent authority. Recalling that the specified minimum age for admission to employment or work in the Russian Federation is 16 years, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons of below 16 years of age to take part in artistic activities is granted in individual cases, as required by Article 8 of the Convention. The Committee notes the Government’s information that the competent authority may allow in individual cases the participation of persons under the age of 14 in artistic performances and may determine their working conditions only on condition of concluding a labour contract. The participation of young persons in artistic performances without a labour contract is prohibited by law. However, the Committee notes the absence of information on the obligation to obtain an individual permit from the competent authority for persons under the age of 16 who wish to participate in artistic activities. It reminds the Government that Article 8 of the Convention lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for such purposes as participation in artistic performances. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 16 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which and the conditions in which such employment or work is allowed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that, by virtue of section 66 of the Labour Code, an employer shall keep service record books of all employees who have worked in the undertaking for more than five days. Section 66, subsection (2), of the Labour Code states that the book shall contain information about the employee, his/her work duties, and reasons for termination of the labour contract. The Committee had requested the Government to indicate whether the name and age or date of birth of employees younger than 18 years of age are stated in the service record book and whether the book is kept and made available by the employer, as required by Article 9, paragraph 3, of the Convention. The Committee notes the Government’s information that every employer must keep service record documents which contain information about his/her employees. One of these documents is a form T-2, approved by the Federal Statistics Service, which contains a column with the age of the employee. The Committee takes due note of this information.