Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 6. Apprenticeship. Following its previous comments, the Committee notes the Government’s information that the recently initiated educational reform implies the elimination of the old Soviet system of professional education (apprenticeship). A draft law on professional education shall be adopted by the Parliament by the end of 2006. By virtue of the draft law, professional education (apprenticeship) may be entered into upon completion of nine grades of education, which shall be 15 years of age. The draft law provides for the establishment of the National Professional Agency which shall be entitled to determine qualification requirements and elaborate appropriate apprenticeship curricula. The recently established Professional Education Social Cooperation Governmental Commission, including members from the employers’ and employees’ associations, has also elaborated the professional education concept. The Committee further notes the Government’s information that 11 new professional education centres shall be set up in September 2006, whose curricula have been elaborated with support from USAID. The Committee trusts that the draft professional education law, which provides for the vocational training and apprenticeship for children over 15 years of age, will soon be adopted. The Committee also requests the Government to supply a copy of the same once it has been adopted.

Article 8. Artistic performances. The Committee had previously 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 notes the Government’s information that Georgian legislation does not provide for the granting of permits for activities such as artistic performances. The Committee recalls that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe conditions in which, such employment is allowed. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases. The Committee also requests the Government to provide information on the procedures relating to permits and the conditions to which permits are subjected, particularly with regard to hours of work and conditions of employment or work, as well as on the number and nature of the permits granted.

Article 9. Penalties. The Committee had previously requested the Government to indicate the measures taken to ensure the effective enforcement of the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age. The Committee notes the Government’s statement that the Labour Inspectorate has not recorded any violation of the minimum age provisions, and that the Labour Inspectorate according to the new Labour Code stands abolished. The Committee recalls that, by virtue of Article 9, paragraph 1, of the Convention, the competent authority must take all the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee considers that labour inspectorates play an important role in the application of the national legislation. The Committee once again requests the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced and on the penalties applied in practice in cases of violation of the provisions on the employment of young persons.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes the Government’s information that Georgian legislation does not oblige employers to keep a register of employees under 18 years of age. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee once again 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 notes the Government’s information that, in recent years, no statistics were conducted with regard to child labour. The seminar on the ILO/IPEC programme implementation in Georgia, for its autumn 2006 session, shall be dedicated to child labour data collection methodologies. The Committee also notes that, with the support of UNICEF and Save the Children, a research on street children has been scheduled for 2006. The Committee requests the Government to provide information on the results of the ILO/IPEC seminar on child labour data collection methodologies, scheduled for autumn 2006. It also requests the Government to continue to provide information on the application of the Convention in practice, providing, for example, statistical information concerning the employment of children and young persons, extracts of inspection services reports, and information on the number and nature of contraventions reported.