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

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Tajikistan (Ratification: 1993)

The Committee notes the Government’s report.

Article 1 of the Convention. Scope of application. The Committee notes that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalls that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Articles 2, paragraph 1; and 3, paragraph 1. Period during which night work is prohibited. The Committee notes that under the terms of section 181 of the Labour Code, children under the age of 18 years are prohibited from working at night. It notes the Government’s information that night work is considered to be between 10 p.m. and 6 a.m. The Committee further notes section 178 of the Labour Code, which provides for reduced working hours of 24 hours per week for children aged between 14 and 15 years, and 35 hours per week for those aged between 15 and 18 years. Furthermore, the working time for children who work and study, shall not exceed half the maximum working time as prescribed above. Taking into account the reduced working hours for children and young people, the Committee observes that children between 14–15 years of age who work are entitled to a daily rest time of about 19 hours, if the standard working time is five days a week, or 20 hours if the standard working time is six days a week. Similarly children between 15–18 years of age are entitled to a daily rest time of 17 hours, if the standard working time is five days a week, or 18 hours, if the standard working time is six days a week.

Article 5. Granting of individual licenses. The Committee notes the Government’s information that there is no provision in the national legislation which provides for the issuance of licenses for the employment of children and young people to work at night.

Article 6, paragraph 1(a). Labour inspection. The Committee notes the Government’s information that according to Order No. 596 of 30 December 2001, a State Labour Inspectorate was set up under the Ministry of Labour and Social Protection to enforce the legislation concerning labour and working conditions. It also notes that according to section 252 of the Labour Code, the labour inspectors are entitled to fine employers who violate the provisions of the labour laws. The Committee notes the Government’s indication that in 2004, state labour inspectors carried out inspections and investigations in 762 undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the state labour inspectorate.

Article 6, paragraph 1(b). Registers. The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the provisions which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.