Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the Government’s report. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 63(1) of the Labour Code prohibits children under 16 years of age from concluding a labour contract. It had asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes the Government’s statement that there are many cases of illegal employment of minors and violation of their labour rights in the informal economy. These include minors who wash cars, trade and perform auxiliary work. In this regard, the Committee once again 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. The Committee therefore once again requests the Government to take the necessary measures to ensure that the protection established by the Convention is ensured for children carrying out an economic activity without a labour contract, such as self-employed children and children working in the informal economy.

2. Minimum age for admission to employment or work. The Committee had previously noted that section 63(1) of the Labour Code states that an employment contract may be concluded only with a person of at least 16 years of age. However, it had noted that according to section 63(2) of the Labour Code, a person of 15 years of age who has completed the basic general education or left the general educational establishment, may work. Noting that the minimum age for admission to employment or work of 16 years had been specified by the Russian Federation at the time of ratification, the Committee had requested the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. The Committee notes with satisfaction the Government’s information that the Labour Code, as amended by Federal Act No. 90-FZ of 30 June 2006, stipulates that labour contracts may be concluded by persons aged 15 only for light work not likely to jeopardize their health, as long as they have completed basic general education and are continuing to participate in a non-classroom-based programme of general education, or have left an institution of general education in accordance with the Federal Law.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes that, according to the comprehensive statistical information provided by the Government, from 2004 to 2006 the employment rate among young persons between 15 and 17 years of age has fallen from 4.1 to 3.3 per cent. In this regard, statistics on the number of children between 15 and 17 years who study and work, disaggregated by educational level and sex, indicate that the number of children working were 293,070 in 2004, 262,160 in 2005, and 219,952 in 2006. They were mainly found working in qualified work in agriculture, forestry and hunting. The Committee requests the Government to continue to supply information on the practical application of the national legislation giving effect to the Convention, including extracts from official reports and information on the number and nature of contraventions reported, especially with regard to children under 16 years of age working in the informal sector.

The Committee is also addressing a direct request to the Government concerning certain other points.