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

Tajikistan

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1993)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Articles 1 and 6(1)(a) of Convention No. 79. Scope of application and labour inspectorate. The Committee previously recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. It noted the Government’s indication that the prohibition of night work by young persons under the age of 18 years as contained in section 181 of the Labour Code applies to all categories of workers, irrespective of their occupation in the formal or informal economy. The Government further stated that the State Supervisory Service for Labour, Migration and Employment which is responsible for monitoring compliance with labour laws, including the employment of children in the formal and informal economy and children in self-employment, carried out regular inspections and fact-finding missions on the prohibition on using child labour for night work. In this regard, the Committee noted the Government’s indication that no cases of children working at night in industrial undertakings were identified. However, the Committee noted the absence of information in the Government’s report on the detection of cases of children working at night in non-industrial undertakings. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of violations related to night work by children detected by the State Supervisory Service in non-industrial occupations, the informal economy and in self-employment.

Article 6(1)(b) of Convention No. 79 and Article 6(1)(e) of Convention No. 90. Keeping of registers. In its previous comments, the Committee noted that according to section 32 of the Labour Code, a copy of the labour contract which contains details of the employment, such as working hours and conditions of employment (section 30) shall be kept by the employer. It also provides that birth certificates and educational background certificates shall be provided by workers under the age of 16 years before the start of their employment. The Committee recalled that Article 6(1)(b) of Convention No. 79 and Article 6(1)(e) of Convention No. 90 require that every employer keep available official records showing the names, dates of birth and hours of work of all persons under the age of 18 years employed by him or her. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures adopted or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Articles 6(1)(b) and 6(1)(e) of Conventions No 79 and No. 90 respectively.