Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Kyrgyzstan (Ratification: 1992)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

Article 8. Artistic performances. The Committee noted that section 297 of the Labour Code prohibits overtime work and work on rest days or non-working days by workers under the age of 18 years, with the exception of creative work in the mass information media, cinematographic organizations, theatres, concerts, circuses and sports. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children in activities such as artistic performances. Permits so granted must place limits on the number of working hours during which, and prescribe the conditions in which, such employment or work is allowed. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the system of granting individual permits for children participating in artistic performances, the working conditions established, and the number of hours for which such work is authorized.

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.