Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(1) of the Convention and Part III of the report form. 1. Scope of application and labour inspection. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, paragraph 74, 21 April 2011), expressed concern at the high number of children below the age of 15 years working in the informal economy, in particular in illegal coal mines, as well as at the extent of violations of labour law regarding the employment of children. The Committee noted the Government’s statement that the supervision of the use of child labour in the informal economy remained an outstanding issue which concerned, above all, the right of access to workplaces in this sector, and that the basic problem consisted in the development of a mechanism to collect evidence testifying to the fact that a child worked for an employer in the absence of any written arrangements.

The Committee notes the Government’s information, in its report, that the state labour inspectorate, in collaboration with the Service for Children’s Affairs, inspected 540 enterprises employing minors in 2012, and 188 in 2013. These inspections revealed that, in 2012, 44 minors were found working without formalized employment relations, three of these in state-owned enterprises, while 26 employers were paying 37 employed minors’ salaries “under the table”. In the first six months of 2013, 15 minors were found working without formalized employment relations, four in state-owned enterprises, while seven employers were paying seven employed minors’ salaries “under the table”. The Committee urges the Government to take the necessary measures to adapt and strengthen the labour inspection services in the informal and illegal economy, in order to ensure that the protection established by the Convention is extended to children working in this sector. It once again requests the Government to provide information on any measures adopted or envisaged in this regard, and on the results achieved, along with its next report.

Moreover, having noted previously the Government’s information that the Centre of Social Expertise of the Institute of Sociology of the National Academy of Sciences conducted a study on the use of child labour in six sectors of the informal economy (agriculture, street trade, work in mines, services sector, commercial sexual exploitation and illegal activities, including begging), the Committee once again requests the Government to provide statistical information on child labour gathered from the study, as well as other relevant information.

2. Minimum age for admission to employment or work. The Committee previously noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or guardians. The Committee observed that the above provision of the Code allowed young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. It also noted that a draft Labour Code of Ukraine was being prepared, the provisions of which should comply with international labour standards. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take the necessary measures within the framework of the adoption of the new Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention. It also requests the Government to provide a copy of the new Labour Code, as soon as it has been adopted.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed. The Committee observed that children between 14 and 16 years were allowed to perform hazardous work during vocational training. It reminded the Government that, according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. Once again noting the absence of information in the Government’s report on this point, the Committee urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. It requests the Government to provide information on the progress made in this regard with its next report.

Article 7(3). Determination of light work. The Committee previously noted that the draft Labour Code provides that the list enumerating the types of light work which may be performed by children over 14 years of age shall be approved by a specially authorized authority dealing with labour issues. Once again noting the absence of information in the Government’s report, the Committee urges the Government to take the necessary measures to ensure that provisions determining light work activities which may be performed by children from the age of 14 years are adopted pursuant to the provisions of the draft Labour Code in the very near future. It once again requests the Government to provide information on any developments in this regard, and to provide a copy of the provisions determining light work activities as soon as they have been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that an attempt was being made in the draft Labour Code to regulate the labour relations of young persons admitted to employment in the cinema, theatre and concerts. However, it observed the absence of provisions limiting the hours and prescribing the conditions of work by children under 14 years for artistic performances.

The Committee notes the Government’s indication that the draft Labour Code sets no restrictions on daily work for children in artistic performances aged up to 14 years, but provides that the working conditions must be agreed upon with the Service for Children’s Affairs. The Committee reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to take the necessary measures to ensure that the number of hours during which children under 14 years may be granted permission to work in artistic performances is limited, as laid down in Article 8(2) of the Convention. It also requests the Government to indicate whether, by virtue of the draft Labour Code, the Service for Children’s Affairs is the competent authority that may grant individual work permits for the participation of children in artistic performances, and if the working conditions that are agreed upon with the Service for Children’s Affairs are prescribed in accordance with Article 8(1) of the Convention.

The Committee observes with concern that the draft Labour Code which has been under preparation since 2007 has not yet been adopted. The Committee urges the Government to take all the necessary measures to bring the draft Labour Code into force, taking into consideration the above comments made by the Committee. In this regard the Committee once again invites the Government to consider seeking technical assistance from the ILO.

The Committee is raising other points in a request addressed directly to the Government.