Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee had previously noted the communication of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. The Committee notes the Government’s report and its reply to the issues raised by the GTUC.

Article 2, paragraph 1, of the Convention and Part V, of the report form. 1. Minimum age for admission to employment and application of the Convention in practice. In its communication, the GTUC had stated that according to UNICEF estimates, 30 per cent of children between the ages of 5 and 15 years work in Georgia and that there were reports of children between the ages of 7 and 12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the trade union of agricultural workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

In its replies, the Government states that in order to clarify the above allegations made by the GTUC, the Government had requested the GTUC to provide the documentation of the respective sources, including UNICEF statistical data and the information regarding child labour in the agricultural sector in the specially noted regions. But, unfortunately, the GTUC was unable to produce such data and just named a few organizations who conducted studies in 2000, 2003 and 2004. Moreover, the data prepared by UNICEF, which is available on its web site does not include the aforementioned statistics. The Government therefore states that the above allegations by the GTUC were based on unverified sources. The Committee further notes the Government’s indication that, in the near future, UNICEF plans to conduct a study on street children which would possibly help the Government to evaluate the actual situation and to plan for specific measures.

The Committee, nevertheless, notes that according to the Multiple Indicator Cluster Survey (MICS), UNICEF 2005 (page 51) more than 18 per cent of the children aged 5–14 years were involved in child labour, mainly unpaid and working for a family business. The number of children involved in child labour varied in different regions, ranging from 12.8 per cent in Samegrelo-Zemo Svaneti to 26.1 per cent in Guria. The corresponding estimate from the MICS of 1999 was 30 per cent, implying an important drop in the percentage of children involved in labour. In this respect, the Committee requests the Government to pursue its efforts to ensure that no child under the age of 15 years performs child labour in any sector of economic activity. It also requests the Government to provide recent statistical information on the employment of children and young persons, in particular children working on the streets and in the agricultural sector.

2. Scope of application. The Committee had previously noted the Government’s indication that self-employment is not regulated by the legislation of Georgia. The Committee had, therefore, requested the Government to provide information on the manner in which the protection afforded by the Convention is secured for children who work in the agricultural sector, as well as those working on their own account. The Committee notes the Government’s information that, according to section 4(2) of the Labour Code, the labour capacity of children below 16 years shall only be permitted in the case of consent from his/her legal representative, tutor or guardian, if it is not against his/her interests, does not damage his/her moral, physical or mental development and does not limit his/her right and ability to obtain elementary, compulsory and basic education. Consequently, a child between 14 and 16 years can be employed in different sectors, including agriculture, but subject to the above conditions. The Committee further notes the Government’s information that, according to the Department of Statistics of Georgia, 95 per cent of employees in agriculture are engaged in small-scale farms and household cultivated lands of up to 1 hectare and do not use hired labour. The Government, therefore, states that children’s work, if any, is not hired work and their work in the abovementioned family holdings cannot be considered as incompatible with the requirements of the Convention. The Committee reminds the Government that, by virtue of the minimum age specified by it, children under 15 years of age shall not be permitted to work, regardless of the type of work performed, and whether it is paid or not, with the exception of light work, which can only be carried out under the conditions laid down in Article 7 of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that children working in the agricultural sector, as well as those working on their own account, are entitled to the protection afforded by the Convention. It also requests the Government to take measures to adapt and strengthen the labour inspection services, in order to ensure that the protection established by the Convention is applied to all self-employed children.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee had previously noted that, according to section 4(5) of the Labour Code of 2006, it is prohibited to conclude a contract with under age persons for hard, unhealthy and hazardous work. It had also noted section 4(4) of the Labour Code, which prohibits under age persons from entering into a contract for work related to the gambling business, in night entertainment institutions, pornography production and the production and conveyance of pharmaceutical and toxic substances. The Committee had requested the Government to indicate the legal provisions which defines under age persons as persons under the age of 18 years. The Committee notes with interest the Government’s information that, according to section 12 of the Civil Code of Georgia, a minor is a person under the age of 18 years. The Government further states that the Labour Code does not provide for a definition different from that of the Civil Code of Georgia.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated and sent to the employees’ and employers’ organizations for approval. The Committee notes with satisfaction the Government’s information that the Minister of Labour, Health and Social Affairs adopted Order No. 147/N, 3 May 2007 which provides for a list of heavy, hazardous and harmful works. The Committee requests the Government to supply a copy of the above Order No. 147/N along with its next report.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. As per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee notes the Government’s reference to section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons and section 4(2) which lays down the conditions of employment of children between 14 and 16 years. The Committee further notes the Government’s statement that a child can be employed in different sectors, including agriculture, but subject to the conditions under section 4(2) of the Labour Code. The Committee observes, however, that the Labour Code does not contain provisions which prescribe the number of working hours during which young persons may work. The Committee once again recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to determine light work activities and to prescribe the number of hours during which light work may be undertaken by young persons of 14 years of age and above, in conformity with the Convention.

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