Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Tajikistan (Ratification: 1993)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside labour contracts. The Government indicated that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also indicated that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requested the Government to indicate whether section 174 is intended to cover all forms of employment or work, including work outside a labour contract.

The Committee notes that the Government’s report does not provide any information on this point. Recalling that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self employed basis, benefit from the protection provided by the Convention.

Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the Labour Code of 1973 which fixed the minimum age of 16 years. The Committee recalled that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminded the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. Noting the absence of information on this point in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the national legislation prohibits the work of children under the minimum age for admission to employment or work specified upon ratification (16 years), with the exception of light work which may be authorized for children between the ages of 13 and 16 in accordance with Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that according to the Labour Code of 1997, it is prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals (article 177). Overtime work and night work are also prohibited for persons under 18 (article 181). The Committee also noted that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested the Government to indicate whether any regulations establishing such a list have been adopted.

The Committee notes that the Government’s report refers to the adoption on 30 December 2010 of Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations”. The Committee request the Government to indicate whether this list establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy thereof with its next report. If not, it requests the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. It notes however, that the Government does not indicate how the participation of children in artistic performances is regulated in national legislation. The Committee once again recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. It reminds the Government that such permits thus granted must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee noted that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee noted that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004”, child labour inspections are neglected due to the general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee noted that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009 that would focus on monitoring, identifying and removing children from child labour and its worst forms, and refer them to services and ensure that they have a satisfactory alternative to child labour.

The Committee notes that the Government’s report does not provide any information on this point. The Committee once again requests the Government to provide information on any impact of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to provide information on the measures taken or envisaged to adapt and strengthen the labour inspection services in the informal sector.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information in the Government’s report submitted under Worst Forms of Child Labour Convention, 1999 (No. 182), that according to the data of the survey of the living standards in 2009, 10.6 per cent of children in rural areas and 8 per cent of children in urban areas were working. It notes that the Committee on the Rights of the Child has expressed deep concern, in its concluding observations of 29 January 2010 (CRC/C/TJK/CO/2, paragraph 66), over the continuous high prevalence of child labour in the informal sector, unskilled work in the service sector and in agriculture, especially in the cotton fields. The Committee requests the Government to provide more detailed information on the manner in which the Convention is applied in practice, including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.