Minimum Age Convention, 1973 (No. 138) - Georgia (Ratification: 1996)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1). Scope of application. The Committee previously noted that self-employment was not regulated by the legislation of Georgia. It also noted the comments made by the Georgian Trade Unions Confederation (GTUC) that the Labour Code applied only to hired labourers and, hence, children working on family farms or in the agricultural sector were not afforded the protection guaranteed under the Convention. The GTUC further indicated that, according to the data of the Department of Statistics, the number of self-employed minors was much higher than that of those employed in the formal sector and that child labour was widespread in various regions of Georgia during the crop period in the agriculture sector.

The Committee notes that, pursuant to sections 1 and 2 of the amendments to the Labour Code of 2013, the provisions of the Code apply to labour relations defined as the performance of work by an employee for an employer in exchange for remuneration under organized labour conditions. It therefore appears that children working in the informal economy, or working on an unpaid basis, as well as those working on their own account, are excluded from the application of the provisions of the Labour Code. In this regard, the Committee notes the Government’s information that it has taken concrete steps for the elaboration of a special mechanism in order to ensure inspection of working conditions at workplaces. The Committee notes from the Government’s report that a Labour Conditions Monitoring Programme (Monitoring Programme) was approved by the Government on 5 February 2015 under which labour inspectors inspect labour conditions in state and private enterprises. It also notes the Government’s indication that within the framework of the Monitoring Programme, 25 inspectors were provided training with the support of the ILO. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take the necessary measures to adapt and strengthen the capacity and reach of the labour inspection services so as to ensure oversight of child labour in the informal economy, and to guarantee the protection afforded by the Convention to children under the age of 15 years who are working in the informal economy, or on an unpaid basis as well as children working on their own account. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(1) and (3). Light work and determination of light work. In its previous comments, the Committee noted that, as per section 14 of the Labour Code, a working week shall not exceed 41 hours, which was also applicable to young workers. It also noted the comments made by the GTUC that it was important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays. Noting that the Labour Code, under section 4(2), allowed children between 14 and 16 years to perform light work, the Committee urged the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which, and the conditions in which, light work may be undertaken by such persons.

The Committee notes with interest that the 2013 amendments to the Labour Code contain provisions restricting the working hours of children. According to section 14(3) of the Labour Code of 2013, the duration of the working time of a minor between the ages of 14 and 16 shall not exceed 24 hours a week. In this regard, the Committee requests the Government to take the necessary measures to determine the light work activities permitted to children of 14 to 16 years.

Article 8. Artistic performances. In its previous comments, the Committee noted that under section 4(3) of the Labour Code, a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities. Observing that there were no provisions under the Labour Code which limit the number of working hours or set maximum working hours or conditions for the employment of young persons who participate in artistic performances, the Committee requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed.

The Committee notes that the Rules of Georgia Department of Labour, Chapter 300-7-1 lay down the conditions and requirements concerning the employment of children in entertainment. Rule 3 of this Chapter requires any person or entity which intends to employ or utilize the services of a minor in any film, video, stage or other live performance to notify the Department of Labour prior to the performance. The Department of Labour shall, after conducting a safety inspection, issue certificates for the employment of minors in such performances. Moreover, according to Rule 5, the working hours for a minor under 16 years for entertainment purposes shall not exceed ten hours a day, including two hours break for meals and for rest and recreation.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted the comments made by the GTUC that with the abolition of the labour inspectorate, there existed no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee notes with interest that the Government established the Labour Conditions Inspection Department (LCID) by Resolution No. 81 of March 2015 which coordinates the Monitoring Programme. According to the Government’s report, the main duties of the LCID include the elaboration and improvement of the legal framework to ensure inspection of workplaces, the introduction of labour safety mechanisms and the review of complaints and appeals regarding safety and health at work. It also notes the Government’s indication that according to the data of June 2015, the labour inspectors visited 1,820 companies and detected two cases where an adolescent under 18 years was employed. It further notes that inspection reports and questionnaires are currently being drafted and recommendations are elaborated by the Labour Inspection Department. In addition, recommendations on issues related to occupational safety and health are issued to employers. The Committee requests the Government to continue to provide information on the functioning of the labour inspectorate, including information on the number and nature of violations detected involving children and young persons and penalties imposed.

Article 9(3) of the Convention. Keeping of registers by employers. Following its previous comments, the Committee notes that according to Rule No. 39-2-11 of the Georgia Laws and Rules Regulating Employment of Children, no minor under the age of 18 years shall be issued an employment certificate unless a certified copy of a birth card as well as a certificate from the school authorities and a fitness certificate is submitted to the issuing officer.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 9(3) of the Convention. Keeping of registers by employers. The Committee had previously noted the Government’s information that employers are obliged to keep a registry of documents, such as the birth certificates and the identity cards of employees, including young persons, for taxation purposes. The Committee had requested the Government to indicate the legal provisions which lay down the above requirement.

The Committee notes the Government’s indication that Order No. 996 of the Ministry of Finance on the Administration of Taxes contains the provisions requiring the employers to keep the documents containing personal information of employees, including those under the age of 18 years. The Committee requests the Government to supply a copy of Order No. 996 along with its next report.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 21 September 2012.

Article 2(1) and (3) of the Convention and Part V of the report form. Minimum age for admission to employment, compulsory education and application of the Convention in practice. In its previous comments, the Committee had noted the comments made by the GTUC that according to UNICEF estimates, 30 per cent of children between the ages of 5–15 years worked in Georgia and that there were reports of children between the ages of 7–12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the Trade Union of Agricultural Workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

The Committee had noted the Government’s statement that allegations by the GTUC were based on unverified sources and that UNICEF was planning to conduct a study on street children which would help to assess the actual situation of child labour in the country. It had noted that the child labour estimates of the Multiple Indicator Cluster Survey (MICS), UNICEF 2005, indicated an important drop in the percentage of children involved in labour, from 30 per cent in 1999 to 18 per cent in 2005. The Committee had further noted the Government’s information that education was one of its priorities and that it had taken a number of steps to strengthen the educational system and the school attendance of children, through increasing expenditure on general education and renovating more than 300 public schools under the “Public Schools Rehabilitation Programme”. The Committee noted that as per the UNICEF statistics on education, in Georgia, the gross primary school enrolment rate in 2008 was 100 per cent for males and 98 per cent for females. The Committee had requested the Government to provide recent statistical information on the employment of children and young persons, in particular children working in the streets and in the agricultural sector.

The Committee notes the Government’s statement that Georgia has a strong tradition of education with almost universal primary school enrolment rates across the country. Hence the possibility of children being involved in child labour is very low. The Committee also notes the Government’s indication that in order to ensure the well-being of street children, an inter-agency commission was created which elaborated a new strategy to protect street children. Furthermore, the Government has implemented a voucher system for street children, enabling them to receive financial support. The Committee notes that according to the UNICEF report entitled “Georgia and the Convention on the Rights of the Child, 2011”, the primary net attendance ratio for 2010 was 93 per cent which indicates that 20,000 primary school-aged children were not enrolled in school while the net attendance ratio at the secondary level was 86 per cent. The Committee further notes that according to the UNICEF study report on street children of 2009, there was an average of 1,049 street children in the four cities of Tbilisi, Kutaisi, Rustavi and Batumi where the study was conducted, of which 66 per cent was children between the ages of 5–14 years. The Committee encourages the Government to pursue its efforts in the field of education by taking measures to enable children to attend and complete compulsory education and to ensure free basic education to all children, particularly street children. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Article 2(1). Scope of application. The Committee had previously noted the Government’s indication that self-employment was not regulated by the legislation of Georgia. It had also noted that section 4(2) of the Labour Code permits the employment of children below 16 years, on the condition that such work is not against their interests, does not damage their moral, physical or mental development or limit their right and ability to obtain elementary, compulsory and basic education, and upon the consent from their legal representative, tutor or guardian.

The Committee had noted the comments made by the GTUC that the Labour Code applied only to hired labourers. As such, children working on family farms or in the agricultural sector are not afforded the protection guaranteed under the Convention. Furthermore, with the abolition of the labour inspectorate by the Labour Code of 2006, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

In this context, the Committee had noted the Government’s reference to Article 5(3) of the Convention which provides for the possibility of limiting the scope of application of the Convention to certain branches of economic activity, “excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers”. The Government had further stated that children’s work in the agricultural sector is not hired work and therefore their activities cannot be considered as incompatible with the Convention, as it is excluded under Article 5(3) of the Convention. Observing that at the time of ratification, Georgia did not avail itself of this provision and therefore the provisions of the Convention apply to all branches of economic activity, including family undertakings and small-scale holdings, and cover all types of employment, whether hired or self-employed, the Committee had requested the Government to take the necessary measures to ensure that children working in the agricultural sector, whether paid or unpaid, as well as those working on their own account, are entitled to the protection afforded by the Convention.

The Committee notes the comments made by the GTUC that according to the data of the Department of Statistics, the number of self-employed minors is much higher than that of those employed in the formal sector. The GTUC further states that child labour is widespread in various regions of Georgia during the crop period in the agriculture sector.

The Committee notes the Government’s indication that in order to enhance the rights of a child, the Government is currently exploring the possibility to more precisely address the minimum age provisions as well as restrictions on working hours of children in Georgia’s labour laws. The Committee expresses the firm hope that the Government, in its attempt to address more precisely the minimum age provisions under the Labour Code, will take the necessary measures to ensure the application of the Convention to all branches of economic activity, including family undertakings and small-scale holdings and cover all types of employment, whether hired or self-employed, in order to bring the national legislation into conformity with the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. It had noted that as per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee also noted the comments made by the GTUC that the regulation on the work of young persons under the Labour Code does not guarantee sufficient protection to minors in employment relations. The GTUC further added that it is important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays.

The Committee had noted that section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons if read in conjunction with section 4(2) which lays down the condition that work by children below 16 years of age shall not limit their right and ability to obtain elementary, compulsory and basic education, implies that children may work for about eight hours per day, excluding school hours and night work. In this context, the Committee drew the Government’s attention to Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto) for rest during the day and for leisure activities. Noting that the Labour Code allows children between 14 and 16 years to perform light work under the conditions specified under section 4(2) of the Labour Code, the Committee had urged the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which, and the conditions in which, light work may be undertaken by such persons.

The Committee notes the Government’s indication that it is attempting to review the Labour Code for further enhancement of the provisions regarding restrictions on working hours of children. The Committee expresses its concern that the national legislation allows children between the ages of 14 and 16 years to work for eight hours a day. The Committee therefore urges the Government to take the necessary measures in the near future to determine the light work activities that may be undertaken by children of 14 years and above and the number of hours during which, and the conditions in which, such work may be undertaken.

Article 8. Artistic performances. The Committee had previously noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government’s statement that the working conditions of young persons in all spheres, including artistic performances, were well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances had been set up. The Committee had noted the provisions under section 4(3) of the Labour Code which states that a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities. Observing that there were no provisions under the Labour Code which limit the number of working hours or set maximum working hours or conditions for employment of young persons who participate in artistic performances, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed.

The Committee notes the Government’s reference to section 4(2) of the Labour Code which states that the labour capacity of a child below 16 years shall be concluded only with the consent of his/her legal representative, tutor or guardian, if it is not against his/her interests, does not damage his/her moral, physical or mental development and does not limit his/her right and ability to obtain elementary, compulsory and basic education. It further notes the Government’s statement that accordingly, the activities in which employment or work may be permitted for an under-age person and the number of hours of such work may be defined as per the consent of the child’s legal representative, tutor or guardian. The Committee once again recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as artistic performances only by permits granted in individual cases by the competent authority and not just with the consent of the parent or legal guardian and that such permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee therefore requests the Government to indicate whether the labour contracts or certificates of consent concluded under section 4(2) and (3) of the Labour Code which allow children below the minimum age (15 years) to participate in sport, art, cultural and advertising activities and which lay down the conditions and the number of hours during which such activities may be undertaken, are granted by the competent authority. It also requests the Government to provide a copy of such labour contracts or certificates along with its next report.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee had noted the Government’s statement that the labour inspectorate stands abolished according to the Labour Code of 2006. It had noted the comments made by the GTUC that with the abolition of the labour inspectorate, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee had noted the Government’s indication that the police are responsible for the monitoring of infringements related to child labour. While noting that the Government’s report contained information on the activities of the police with regard to crime prevention, child abuse and the protection of minors with unusual social behaviour, the Committee observed that these did not relate to infringements of the Labour Code related to child labour. It had observed with concern that there existed no public authority to monitor the implementation of the child labour-related provisions in the country and therefore urged the Government to take the necessary measures to ensure the effective monitoring and implementation of the provisions giving effect to the Convention.

The Committee notes the Government’s information that the competencies of the Patrol Police Department and district police units are divided according to regions/districts of Georgia. It notes the Government’s information that the district police inspectors who keep information about minors within the area of their coverage, visit families of minors to make them aware of their rights. Furthermore, the district police inspectors also conduct classes for school teachers on children’s rights and their infringement. The Government further states that the Ministry of Education and Science (MoES) is responsible for monitoring the security of school children and also to provide legal consultations to teachers, parents and children. The Committee also notes the Government’s information that the Department of Social Protection within the Ministry of Labour, Health and Social Assistance (MOLHSA) focuses on policy recommendations related to rights of children, including child labour. Furthermore, the Social Issues and Programmess Division within this department receives and forwards complaints of child labour violations to the Social Service Agency within MOLHSA and law enforcement agencies for further investigations. The Committee requests the Government to provide information on the number of violations detected by the district police inspectors as well as the number of complaints received by the Social Issues and Programmes Division related to child labour.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 9(3). Keeping of registers by employers. Noting the Government’s indication that employers are required to keep records on personal information such as the name, age and other details of his/her employees, including those under the age of 18 years, the Committee had previously requested the Government to indicate the legal provisions which lay down the above requirement. The Committee notes the Government’s information that employers are obliged to keep a registry of documents, such as the birth certificates and the identity cards of employees, including young persons, for taxation purposes. The Committee requests the Government to indicate whether these records for taxation purposes are the same as those mentioned by the Government in its previous report, regarding records to be kept by employers containing personal information of employees. It also requests the Government to indicate the legal provisions which lay down the requirement for employers to keep records containing the name and age of their employees, including those under the age of 18 years.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 13 September 2010.

Article 2(1) of the Convention and Part V of the report form. Minimum age for admission to employment and application of the Convention in practice. In its previous comments, the Committee had noted the comments made by the GTUC that according to UNICEF estimates, 30 per cent of children between the ages of 5–15 years worked in Georgia and that there were reports of children between the ages of 7–12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the Trade Union of Agricultural Workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

The Committee had noted the Government’s statement that allegations by the GTUC were based on unverified sources and that UNICEF was planning to conduct a study on street children which would help to assess the actual situation of child labour in the country. The Committee, further noting the child labour estimates from the Multiple Indicator Cluster Survey (MICS), UNICEF 2005, indicating an important drop in the percentage of children involved in labour, from 30 per cent in 1999 to 18 per cent in 2005, had requested the Government to pursue its efforts to ensure that no child under the age of 15 years performed child labour in any sector of economic activity. It had also requested the Government to provide recent statistical information on the employment of children and young persons, in particular children working on the streets and in the agricultural sector.

The Committee notes the Government’s information that education is one of its priorities and that it has taken a number of steps to strengthen the educational system and the school attendance of children. In 2008, the expenditure on general education had doubled from that of 2004, and in 2009 this expenditure increased by 23.1 per cent and by 20.9 per cent in primary education. The major state programmes in the educational sector aimed at the renovation and rehabilitation of the education infrastructure. It notes the Government’s indication that in 2009, under the “Public Schools Rehabilitation Programme”, more than 300 public schools were renovated. The Committee further notes the Government’s information that in order to make primary education accessible for children from the families living below the poverty line, the Government developed the “State Assistance Programme for the First Year Pupils from the Families below Poverty Line”. Under this programme, in 2009–10, one-time assistance to cover the costs related to schooling was provided for children from poor families.

The Committee notes that according to the UNICEF statistics on education, in Georgia, the gross primary school enrolment rate in 2008, was 100 per cent for males and 98 per cent for females. The Committee requests the Government to provide recent statistical information on the employment of children and young persons, in particular children working in the streets and in the agricultural sector.

Scope of application. The Committee had previously noted the Government’s indication that self-employment was not regulated by the legislation of Georgia. It had also noted section 4(2) of the Labour Code, which permits the employment of children below 16 years on the condition that such work is not against his/her interests, does not damage his/her moral, physical or mental development or limit their right and ability to obtain elementary, compulsory and basic education and upon the consent from his/her legal representative, tutor or guardian. The Committee had further noted the Government’s reference to the data provided by the Department of Statistics of Georgia, that 95 per cent of employees in agriculture were engaged in small-scale farms and household cultivated lands, which did not use hired labour. The Committee reminded the Government that, by virtue of the minimum age specified by it, children under 15 years of age shall not be permitted to work, regardless of the type of work performed, and whether it is paid or not, with the exception of light work, which can only be carried out under the conditions laid down in Article 7 of the Convention.

The Committee notes the comments made by the GTUC that the Labour Code applies only to hired labourers. As such children working on family farms, or in the agricultural sector are not afforded the protection guaranteed under the Convention. Furthermore, with the abolition of the labour inspectorate by the Labour Code of 2006, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee notes that the Government refers to Article 5(3) of the Convention which provides for the possibility of limiting the scope of application of the Convention to certain branches of economic activity, “excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers”. The Government further states that children’s work in the agricultural sector is not hired work and therefore their activities cannot be considered as incompatible with the Convention, as it is excluded under Article 5(3) of the Convention. The Committee reminds the Government that by virtue of Article 5(1) and (2) of the Convention, a Member whose economy and administrative facilities are insufficiently developed may, after consultation with the organizations of employers and workers concerned, initially limit the scope of application of this Convention, and each Member which avails of this provision shall specify in a declaration appended to its ratification, the branches of economic activity or type of undertakings to which it will apply the provisions of the Convention. The Committee observes that at the time of ratification, Georgia did not avail itself of this provision and therefore the provisions of the Convention apply to all branches of economic activity, including family undertakings and small-scale holdings, and cover all types of employment, whether hired or self-employed. The Committee therefore once again requests the Government to take the necessary measures to ensure that children working in the agricultural sector, whether paid or unpaid, as well as those working on their own account, are entitled to the protection afforded by the Convention. In this regard, it requests the Government to envisage the possibility of re-establishing the labour inspection services, including in the informal sector, in order to ensure the effective implementation of the provisions giving effect to the Convention.

Article 7(1) and (3). Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. It had noted that as per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee had further noted section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons and section 4(2) which lays down the conditions of employment of children between 14 and 16 years. Observing that the Labour Code does not contain provisions which prescribe the number of working hours during which young persons may work, the Committee had requested the Government to take the necessary measures to determine light work activities and to prescribe the number of hours during which light work may be undertaken by young persons of 14 years of age and above, in conformity with the Convention.

The Committee notes the comments made by the GTUC that the regulation on the work of young persons under the Labour Code does not guarantee sufficient protection to minors in employment relations. The GTUC further added that it is important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays.

The Committee, while once again noting the Government’s reference to section 18 of the Labour Code, observes that this provision only prohibits night work, which makes it possible for young workers to work from 6 a.m. to 10 p.m. The Committee also observes that section 18, read with section 4(2) of the Labour Code which lays down the condition that work by children below 16 years of age shall not limit their right and ability to obtain elementary, compulsory and basic education, implies that children may work for about eight hours per day, excluding school hours and night work. In this context, the Committee draws the attention of the Government to Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto) for rest during the day and for leisure activities.

With regard to the determination of light work activities, the Committee notes the Government’s reference to section 4(3) of the Labour Code that the employment contracts of persons under 14 years of age may be concluded only in the sphere of arts, sports, cultural or for advertisement activities. The Committee observes, however, that the Labour Code allows children between 14 and 16 years of age to perform light work under the conditions specified under section 4(2). In this context, the Committee urges the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which and the conditions in which light work may be undertaken by such persons.

Article 8. Artistic performances. The Committee had previously noted information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government’s statement that the working conditions of young persons in all spheres, including artistic performances, are well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances has been set up. Noting the provisions under section 4(3) of the Labour Code which states that a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed. While noting the Government’s reference to section 18 of the Labour Code which prohibits the hiring of minors for night work (10 p.m. to 6 a.m.) and section 14 of the Labour Code which restricts the working hours to 41 hours per week, including for young workers, the Committee observes that these provisions do not limit the number of working hours or set maximum working hours or conditions for employment of young persons who participate in artistic performances. Recalling that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as artistic performances only by permits granted by the competent authority in individual cases and that such permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed, the Committee once again requests the Government to take the necessary measures to ensure that children under 15 years of age who participate in artistic performances benefit from the protection laid down by this provision of the Convention.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee had noted the Government’s statement that the labour inspectorate stands abolished according to the Labour Code of 2006 and had requested the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced.

The Committee notes the comments made by the GTUC that with the abolition of the labour inspectorate, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee notes the Government’s indication that the police is responsible for the monitoring of infringements related to child labour. While noting that the Government’s report contains information on the activities of the police with regard to crime prevention, child abuse and the protection of minors with unusual social behaviour, the Committee observes that these do not relate to infringements of the Labour Code related to child labour. The Committee observes with concern that there exists no public authority to monitor the implementation of the child labour related provisions in the country. In this regard, the Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure the effective monitoring and implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the types of violations detected by the competent authority with regard to child labour, the number of persons prosecuted and the penalties imposed.

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

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

Article 6 of the Convention. Apprenticeship. The Committee had previously noted that a draft law on professional education, which provides for apprenticeship upon completion of nine grades of education, would be adopted by the end of 2006. The Committee notes with interest that the Law on professional education which provides for the vocational training and apprenticeship for children over 15 years was adopted on 28 March 2007. The Committee also notes that the state programme on the development of professional training infrastructure has been launched with special emphasis on the successful integration of young people into the labour market. The Committee requests the Government to supply the relevant provisions of the Law on professional education of 2007.

Article 8. Artistic performances. The Committee had previously noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government’s statement that the Georgian legislation does not provide for the granting of permits for activities such as artistic performances. The Committee had requested the Government to indicate the measures adopted or envisaged to ensure that approval for young persons below 15 years to take part in artistic performances is granted through permits prescribing the hours and conditions of such work. The Committee notes the Government’s statement that the working conditions of young persons in all spheres, including artistic performances, are well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances has been set up. Moreover, the Committee notes that, according to section 4(3) of the Labour Code, a labour contract can be concluded with an under age below 14 years only for work related to sport, art, cultural and advertising activities. The Committee once again reminds the Government that under Article 8, paragraph 1, of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Georgia, and after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. It also reminds the Government that, under the terms of Article 8, paragraph 2, permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed.

Article 9, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that, by virtue of section 42(4) of the Code of administrative offences of Georgia, an employer who violates the provision related to the minimum age of employment can be fined up to 200 times the minimum age. The Committee requests the Government to provide a copy of the provisions of the Code of administrative offences which lays down penalties for the violation of the minimum age provisions. Having previously noted the Government’s statement that, according to the new Labour Code, the Labour Inspectorate stands abolished, the Committee requests the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced.

Article 9, paragraph 3. Keeping of registers by employers. Following its previous comments, the Committee notes the Government’s information that the employers are required to keep records on personal information such as the name, age and other details of his/her employees, including those under the age of 18 years. The Committee requests the Government to indicate the legal provisions which lay down the above requirements and to provide a copy of the same.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that the workshop of ILO/IPEC, held in 2006, discussed the existing child labour situation and identified the problems related to child labour data collection. The Committee requests the Government to provide information on the results of the ILO/IPEC seminar on child labour data collection methodologies. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data is in the early stages of compilation.

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

The Committee had previously noted the communication of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. The Committee notes the Government’s report and its reply to the issues raised by the GTUC.

Article 2, paragraph 1, of the Convention and Part V, of the report form. 1. Minimum age for admission to employment and application of the Convention in practice. In its communication, the GTUC had stated that according to UNICEF estimates, 30 per cent of children between the ages of 5 and 15 years work in Georgia and that there were reports of children between the ages of 7 and 12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the trade union of agricultural workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

In its replies, the Government states that in order to clarify the above allegations made by the GTUC, the Government had requested the GTUC to provide the documentation of the respective sources, including UNICEF statistical data and the information regarding child labour in the agricultural sector in the specially noted regions. But, unfortunately, the GTUC was unable to produce such data and just named a few organizations who conducted studies in 2000, 2003 and 2004. Moreover, the data prepared by UNICEF, which is available on its web site does not include the aforementioned statistics. The Government therefore states that the above allegations by the GTUC were based on unverified sources. The Committee further notes the Government’s indication that, in the near future, UNICEF plans to conduct a study on street children which would possibly help the Government to evaluate the actual situation and to plan for specific measures.

The Committee, nevertheless, notes that according to the Multiple Indicator Cluster Survey (MICS), UNICEF 2005 (page 51) more than 18 per cent of the children aged 5–14 years were involved in child labour, mainly unpaid and working for a family business. The number of children involved in child labour varied in different regions, ranging from 12.8 per cent in Samegrelo-Zemo Svaneti to 26.1 per cent in Guria. The corresponding estimate from the MICS of 1999 was 30 per cent, implying an important drop in the percentage of children involved in labour. In this respect, the Committee requests the Government to pursue its efforts to ensure that no child under the age of 15 years performs child labour in any sector of economic activity. It also requests the Government to provide recent statistical information on the employment of children and young persons, in particular children working on the streets and in the agricultural sector.

2. Scope of application. The Committee had previously noted the Government’s indication that self-employment is not regulated by the legislation of Georgia. The Committee had, therefore, requested the Government to provide information on the manner in which the protection afforded by the Convention is secured for children who work in the agricultural sector, as well as those working on their own account. The Committee notes the Government’s information that, according to section 4(2) of the Labour Code, the labour capacity of children below 16 years shall only be permitted in the case of consent from his/her legal representative, tutor or guardian, if it is not against his/her interests, does not damage his/her moral, physical or mental development and does not limit his/her right and ability to obtain elementary, compulsory and basic education. Consequently, a child between 14 and 16 years can be employed in different sectors, including agriculture, but subject to the above conditions. The Committee further notes the Government’s information that, according to the Department of Statistics of Georgia, 95 per cent of employees in agriculture are engaged in small-scale farms and household cultivated lands of up to 1 hectare and do not use hired labour. The Government, therefore, states that children’s work, if any, is not hired work and their work in the abovementioned family holdings cannot be considered as incompatible with the requirements of the Convention. The Committee reminds the Government that, by virtue of the minimum age specified by it, children under 15 years of age shall not be permitted to work, regardless of the type of work performed, and whether it is paid or not, with the exception of light work, which can only be carried out under the conditions laid down in Article 7 of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that children working in the agricultural sector, as well as those working on their own account, are entitled to the protection afforded by the Convention. It also requests the Government to take measures to adapt and strengthen the labour inspection services, in order to ensure that the protection established by the Convention is applied to all self-employed children.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee had previously noted that, according to section 4(5) of the Labour Code of 2006, it is prohibited to conclude a contract with under age persons for hard, unhealthy and hazardous work. It had also noted section 4(4) of the Labour Code, which prohibits under age persons from entering into a contract for work related to the gambling business, in night entertainment institutions, pornography production and the production and conveyance of pharmaceutical and toxic substances. The Committee had requested the Government to indicate the legal provisions which defines under age persons as persons under the age of 18 years. The Committee notes with interest the Government’s information that, according to section 12 of the Civil Code of Georgia, a minor is a person under the age of 18 years. The Government further states that the Labour Code does not provide for a definition different from that of the Civil Code of Georgia.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated and sent to the employees’ and employers’ organizations for approval. The Committee notes with satisfaction the Government’s information that the Minister of Labour, Health and Social Affairs adopted Order No. 147/N, 3 May 2007 which provides for a list of heavy, hazardous and harmful works. The Committee requests the Government to supply a copy of the above Order No. 147/N along with its next report.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. As per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee notes the Government’s reference to section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons and section 4(2) which lays down the conditions of employment of children between 14 and 16 years. The Committee further notes the Government’s statement that a child can be employed in different sectors, including agriculture, but subject to the conditions under section 4(2) of the Labour Code. The Committee observes, however, that the Labour Code does not contain provisions which prescribe the number of working hours during which young persons may work. The Committee once again recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to determine light work activities and to prescribe the number of hours during which light work may be undertaken by young persons of 14 years of age and above, in conformity with the Convention.

The Committee is also addressing a direct request to the Government concerning certain other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 6. Apprenticeship. Following its previous comments, the Committee notes the Government’s information that the recently initiated educational reform implies the elimination of the old Soviet system of professional education (apprenticeship). A draft law on professional education shall be adopted by the Parliament by the end of 2006. By virtue of the draft law, professional education (apprenticeship) may be entered into upon completion of nine grades of education, which shall be 15 years of age. The draft law provides for the establishment of the National Professional Agency which shall be entitled to determine qualification requirements and elaborate appropriate apprenticeship curricula. The recently established Professional Education Social Cooperation Governmental Commission, including members from the employers’ and employees’ associations, has also elaborated the professional education concept. The Committee further notes the Government’s information that 11 new professional education centres shall be set up in September 2006, whose curricula have been elaborated with support from USAID. The Committee trusts that the draft professional education law, which provides for the vocational training and apprenticeship for children over 15 years of age, will soon be adopted. The Committee also requests the Government to supply a copy of the same once it has been adopted.

Article 8. Artistic performances. The Committee had previously noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee notes the Government’s information that Georgian legislation does not provide for the granting of permits for activities such as artistic performances. The Committee recalls that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe conditions in which, such employment is allowed. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases. The Committee also requests the Government to provide information on the procedures relating to permits and the conditions to which permits are subjected, particularly with regard to hours of work and conditions of employment or work, as well as on the number and nature of the permits granted.

Article 9. Penalties. The Committee had previously requested the Government to indicate the measures taken to ensure the effective enforcement of the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age. The Committee notes the Government’s statement that the Labour Inspectorate has not recorded any violation of the minimum age provisions, and that the Labour Inspectorate according to the new Labour Code stands abolished. The Committee recalls that, by virtue of Article 9, paragraph 1, of the Convention, the competent authority must take all the necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee considers that labour inspectorates play an important role in the application of the national legislation. The Committee once again requests the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced and on the penalties applied in practice in cases of violation of the provisions on the employment of young persons.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes the Government’s information that Georgian legislation does not oblige employers to keep a register of employees under 18 years of age. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee once again requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee notes the Government’s information that, in recent years, no statistics were conducted with regard to child labour. The seminar on the ILO/IPEC programme implementation in Georgia, for its autumn 2006 session, shall be dedicated to child labour data collection methodologies. The Committee also notes that, with the support of UNICEF and Save the Children, a research on street children has been scheduled for 2006. The Committee requests the Government to provide information on the results of the ILO/IPEC seminar on child labour data collection methodologies, scheduled for autumn 2006. It also requests the Government to continue to provide information on the application of the Convention in practice, providing, for example, statistical information concerning the employment of children and young persons, extracts of inspection services reports, and information on the number and nature of contraventions reported.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the comments made by the GTUC, that according to UNICEF estimates 30 per cent of the children between the ages of 5 and 15 years work in Georgia. There are reports of children between the ages of 7 and 12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, as well as at different fairs and railway stations. Moreover, according to information provided to the GTUC by the trade union of agricultural workers, child labour is widely used in the agricultural sector at harvest time in the following regions: Bolnisi area (Sarachlo and Pahralo villages), Marneula area (Gomargweba and Hesil-Adglo villages), and Tsalka and Ahalkalaki areas. The Committee notes the Government’s indication that self-employment is not regulated by the legislation of Georgia. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of work or employment. The Committee therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is secured for children who work in the agricultural sector as well as those children working on their own account.

Article 3, paragraph 1. Age of admission to hazardous work. The Committee notes the comments by the GTUC, that hard, unhealthy and hazardous work is prohibited for children below the age of 16, while Convention No. 138 obliges the national authorities to stipulate the minimum age of 18 years for admission to hazardous work. The Committee notes the Government’s statement that, by virtue of the legislation in force, under-age persons means persons under the age of 18 years. The Committee also takes note of the Government’s statement that the employers’ and employees’ representative organizations collaborated in the discussions of the new Labour Code. The Committee notes that, by virtue of section 4(5) of the new Labour Code (entered into force on 4 July 2006), it is prohibited to conclude a contract with under-age persons for hard, unhealthy and hazardous work. Section 4, subsection (4), of the Labour Code prohibits under-age persons from entering into a contract for work related to the gambling business, night entertainment institutions, pornography production and the production and conveyance of pharmaceutical and toxic substances. It notes that section 18 of the Labour Code prohibits the employment of minors for night work (from 10 p.m. to 6 a.m.). The Committee requests the Government to indicate which legal provision defines under-age persons as persons under the age of 18 years and to provide a copy thereof.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes the Government’s information that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated. The draft list is currently passing through in-state procedures, upon completion of which it should be adopted. The Committee notes the Government’s statement that the draft list has been sent to employees’ and employers’ organizations for approval. The Committee also notes that section 54(1)(b) of the Labour Code provides that the Georgian Ministry of Labour, Health and Social Affairs should elaborate and adopt the list of hard, hazardous and dangerous jobs, and the labour safety rules within four months after the law enters into force. The Committee asks the Government to inform it on the progress made in adopting the list of hazardous types of work and to provide a copy thereof, as soon as it has been adopted.

Article 7, paragraphs 1 and 3. Light work and determination of light work. The Committee notes the comments by the GTUC that the hours of work of young workers are not limited. As per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee notes the Government’s information that an extended list of light work no longer exists in the Georgian legislation and that it does not limit the working hours for persons from 13 to 15 years of age. The Committee notes that, according to section 4(2) of the new Labour Code, persons below 16 years of age shall work with the consent of their lawful representative or guardian, if such labour relations do not conflict with the young persons’ interests, do not damage their moral, physical or mental development and do not limit their right and ability to obtain compulsory, elementary and basic education. The Committee also notes that, by virtue of section 4(3) of the Labour Code, a labour agreement with persons younger than 14 years of age can be made only on performance of work related to sports, arts and cultural activities or for advertisement activities. Therefore, the Labour Code seems to allow children between 14 and 16 years to perform light work under the conditions specified under section 4(2) of the Labour Code. The Committee recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate the measures adopted to determine the number of hours during which and the conditions in which light work may be undertaken by young persons above the age of 14 years.

 The Committee is also addressing a direct request to the Government concerning certain other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee noted that the scope of the Labour Code (section 1) does not cover self-employed workers or any work performed outside an employment relationship. It once again requests the Government to provide additional information indicating the provisions of the national legislation which ensure compliance with the Convention in sectors not covered by the Labour Code.

2. Minimum age for admission to employment or work. The Committee noted the Government’s declaration when ratifying the Convention setting the minimum age for admission to employment or work on its territory at 15 years. It noted that the Labour Code, in section 167(1), refers to the prohibition of the employment of persons under 16 years of age, but that subsection (2) of section 167 of the Code provides for the possibility of derogating from this prohibition in exceptional cases and with the agreement of the trade union of the enterprise. The Committee once again requests the Government to indicate the conditions governing this possibility to derogate from the minimum age for admission to employment or work and the procedures for obtaining the agreement of trade unions in the enterprise.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted that, according to the Government’s report, persons under 18 years of age cannot take jobs in rail transport or perform duties directly related to the handling of trains, and that their engagement in a job is subject to undergoing a medical examination for fitness for this work. In the field of civil aviation, the regulations provide that the minimum age for admission to work is 16 years and that persons under 18 years of age are not authorized to discharge certain occupations, a list of which was provided by the Government in its report. In the case of underground rail transport, the minimum age for admission to work is 16 years and there is a list of occupations which cannot be performed by persons under 18 years of age. Similarly, persons under 18 years of age cannot be employed in underground work or overseas transport. Furthermore, the Committee noted the provisions of the Labour Code (section 169(1)) prohibiting arduous work, hazardous occupations and underground work for persons under 18 years of age. The Government indicated that the list of types of work to which persons under 18 years of age cannot be admitted is currently determined by the inter-departmental Ordinance of 27 April 1988 and that a new list of occupations by economic branch to which persons under 18 years of age may not be admitted is to be adopted. The Committee once again requests the Government to provide a copy of the Ordinance of 1988 and of any other provision determining the types of employment or work which are likely to jeopardize the health, safety or morals of young persons. It also requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted.

Article 6. Apprenticeship. The Committee noted the information provided by the Government in its report of March 2001 for Convention No. 117 to the effect that apprenticeship programmes for children have been adopted under the Education Act and the Initial Vocational Training Act. According to this report, the apprenticeship programmes commence after completion of primary education or, if an authorization is granted, as from the age of 12 years. The Committee reminded the Government that, in accordance with Article 6, Convention No. 138 does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training, a programme of vocational training, or a programme of guidance. The Committee once again requests the Government to take the necessary measures to ensure compliance with this provision and to provide information on the content of the apprenticeship programmes. It also requests it to provide information on the consultations which were held with the organizations of employers and workers concerned with regard to the conditions prescribed by the competent authority for work done by persons of at least 14 years of age in enterprises.

Article 7, paragraphs 1 and 2. Light work. The Committee noted section 167(3) of the Labour Code, which authorizes work by children under 14 years of age outside school periods with the consent of a parent or legal representative, where such work is not prejudicial to their health and schooling. The Committee noted that this exemption is similar to that provided for in Article 7 of the Convention for light work. Under the terms of this provision, work by young persons of between 13 and 15 years of age may be permitted provided that such work is not harmful to their health or development and does not prejudice their attendance at school. However, the terms of section 167(3) do not apply the age limit of 13-15 years. The Committee once again requests the Government to take the necessary measures to ensure that such work is not permitted for children under 13 years of age.

The Committee noted that section 188(2) of the draft Labour Code provides that persons of 14 and 15 years of age may work in exceptional cases in jobs determined by the law, with the consent of a parent or legal representative, provided that the work is not likely to jeopardize their health or morals and does not interfere with their schooling. The Committee once again requests the Government to provide information on the effect given to the draft Labour Code, and particularly on the specific provisions relating to light work, and to provide indications on the manner in which these provisions guarantee that such work is not likely to interfere with compulsory schooling, participation in vocational orientation or training programmes approved by the competent authority or with their capacity to benefit from the instruction received.

Article 7, paragraph 3. Determination of light work. The Committee noted that a list of light work for which children from 13 to 15 years of age may be engaged must be approved. It once again requests the Government to provide a copy of the list when it has been adopted. The Committee also requests the Government to indicate which measures determine, or to adopt such measures, in addition to the activities in which the employment or performance of light work by persons of between 13 to 15 years of age may be permitted, the hours of work and the conditions in which such employment or work may be undertaken.

Article 8. Artistic performances. The Committee noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee once again requests the Government to provide additional information on this subject and to indicate the procedure for granting permits and the conditions applying to such permits.

Article 9. Penalties. The Committee noted the establishment of the labour inspectorate, in September 1995 by the Ministry of Labour, Health and Social Protection, and the provisions of section 237 of the Labour Code respecting the functions of labour inspectors for the protection of young persons. The Committee once again requests the Government to indicate the measures taken with a view to giving effect in practice to the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age.

Article 9, paragraph 3. Keeping of registers by employers. The Committee requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee noted the information provided by the Government in its report concerning the number of children engaged in an economic activity, disaggregated by age group, sex and branch of activity. In its report to the United Nations Committee on the Rights of the Child in 1998 (CRC/C/41/Add.4/Rev.1, paragraph 300), the Government recognized the difficulties of applying in practice the legal provisions respecting persons under 18 years of age: the financial difficulties suffered by most families in the transition period have compelled young persons to engage in individual labour activities or to find jobs in the private sector, with the result that regulations as to age are being infringed and, because of the economic situation, the State cannot combat such infringements by administrative means. The Committee notes this information and requests the Government to continue its cooperation with the International Programme for the Elimination of Child Labour (IPEC) and to provide detailed information on the application in practice of the provisions of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported. With a view to assessing the application in practice of the provisions of the Convention, it once again requests the Government to describe the methodology used for the collection of this information.

The Committee noted the preparation of a new draft Labour Code and noted the information provided by the Government in its report to the effect that the provisions of this draft text will give full effect to the Convention. It once again requests the Government to provide information on developments with regard to the draft Labour Code and to provide a copy when it has been adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee noted that the scope of the Labour Code (section 1) does not cover self-employed workers or any work performed outside an employment relationship. It once again requests the Government to provide additional information indicating the provisions of the national legislation which ensure compliance with the Convention in sectors not covered by the Labour Code.

2. Minimum age for admission to employment or work. The Committee noted the Government’s declaration when ratifying the Convention setting the minimum age for admission to employment or work on its territory at 15 years. It noted that the Labour Code, in section 167(1), refers to the prohibition of the employment of persons under 16 years of age, but that subsection (2) of section 167 of the Code provides for the possibility of derogating from this prohibition in exceptional cases and with the agreement of the trade union of the enterprise. The Committee once again requests the Government to indicate the conditions governing this possibility to derogate from the minimum age for admission to employment or work and the procedures for obtaining the agreement of trade unions in the enterprise.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted that, according to the Government’s report, persons under 18 years of age cannot take jobs in rail transport or perform duties directly related to the handling of trains, and that their engagement in a job is subject to undergoing a medical examination for fitness for this work. In the field of civil aviation, the regulations provide that the minimum age for admission to work is 16 years and that persons under 18 years of age are not authorized to discharge certain occupations, a list of which was provided by the Government in its report. In the case of underground rail transport, the minimum age for admission to work is 16 years and there is a list of occupations which cannot be performed by persons under 18 years of age. Similarly, persons under 18 years of age cannot be employed in underground work or overseas transport. Furthermore, the Committee noted the provisions of the Labour Code (section 169(1)) prohibiting arduous work, hazardous occupations and underground work for persons under 18 years of age. The Government indicated that the list of types of work to which persons under 18 years of age cannot be admitted is currently determined by the inter-departmental Ordinance of 27 April 1988 and that a new list of occupations by economic branch to which persons under 18 years of age may not be admitted is to be adopted. The Committee once again requests the Government to provide a copy of the Ordinance of 1988 and of any other provision determining the types of employment or work which are likely to jeopardize the health, safety or morals of young persons. It also requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted.

Article 6. Apprenticeship. The Committee noted the information provided by the Government in its report of March 2001 for Convention No. 117 to the effect that apprenticeship programmes for children have been adopted under the Education Act and the Initial Vocational Training Act. According to this report, the apprenticeship programmes commence after completion of primary education or, if an authorization is granted, as from the age of 12 years. The Committee reminded the Government that, in accordance with Article 6, Convention No. 138 does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training, a programme of vocational training, or a programme of guidance. The Committee once again requests the Government to take the necessary measures to ensure compliance with this provision and to provide information on the content of the apprenticeship programmes. It also requests it to provide information on the consultations which were held with the organizations of employers and workers concerned with regard to the conditions prescribed by the competent authority for work done by persons of at least 14 years of age in enterprises.

Article 7, paragraphs 1 and 2. Light work. The Committee noted section 167(3) of the Labour Code, which authorizes work by children under 14 years of age outside school periods with the consent of a parent or legal representative, where such work is not prejudicial to their health and schooling. The Committee noted that this exemption is similar to that provided for in Article 7 of the Convention for light work. Under the terms of this provision, work by young persons of between 13 and 15 years of age may be permitted provided that such work is not harmful to their health or development and does not prejudice their attendance at school. However, the terms of section 167(3) do not apply the age limit of 13-15 years. The Committee once again requests the Government to take the necessary measures to ensure that such work is not permitted for children under 13 years of age.

The Committee noted that section 188(2) of the draft Labour Code provides that persons of 14 and 15 years of age may work in exceptional cases in jobs determined by the law, with the consent of a parent or legal representative, provided that the work is not likely to jeopardize their health or morals and does not interfere with their schooling. The Committee once again requests the Government to provide information on the effect given to the draft Labour Code, and particularly on the specific provisions relating to light work, and to provide indications on the manner in which these provisions guarantee that such work is not likely to interfere with compulsory schooling, participation in vocational orientation or training programmes approved by the competent authority or with their capacity to benefit from the instruction received.

Article 7, paragraph 3. Determination of light work. The Committee noted that a list of light work for which children from 13 to 15 years of age may be engaged must be approved. It once again requests the Government to provide a copy of the list when it has been adopted. The Committee also requests the Government to indicate which measures determine, or to adopt such measures, in addition to the activities in which the employment or performance of light work by persons of between 13 to 15 years of age may be permitted, the hours of work and the conditions in which such employment or work may be undertaken.

Article 8. Artistic performances. The Committee noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee once again requests the Government to provide additional information on this subject and to indicate the procedure for granting permits and the conditions applying to such permits.

Article 9. Penalties. The Committee noted the establishment of the labour inspectorate, in September 1995 by the Ministry of Labour, Health and Social Protection, and the provisions of section 237 of the Labour Code respecting the functions of labour inspectors for the protection of young persons. The Committee once again requests the Government to indicate the measures taken with a view to giving effect in practice to the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age.

Article 9, paragraph 3. Keeping of registers by employers. The Committee requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee noted the information provided by the Government in its report concerning the number of children engaged in an economic activity, disaggregated by age group, sex and branch of activity. In its report to the United Nations Committee on the Rights of the Child in 1998 (CRC/C/41/Add.4. Rev.1, paragraph 300), the Government recognized the difficulties of applying in practice the legal provisions respecting persons under 18 years of age: the financial difficulties suffered by most families in the transition period have compelled young persons to engage in individual labour activities or to find jobs in the private sector, with the result that regulations as to age are being infringed and, because of the economic situation, the State cannot combat such infringements by administrative means. The Committee notes this information and requests the Government to continue its cooperation with the International Programme for the Elimination of Child Labour (IPEC) and to provide detailed information on the application in practice of the provisions of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported. With a view to assessing the application in practice of the provisions of the Convention, it once again requests the Government to describe the methodology used for the collection of this information.

The Committee noted the preparation of a new draft Labour Code and noted the information provided by the Government in its report to the effect that the provisions of this draft text will give full effect to the Convention. It once again requests the Government to provide information on developments with regard to the draft Labour Code and to provide a copy when it has been adopted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee noted that the scope of the Labour Code (section 1) does not cover self-employed workers or any work performed outside an employment relationship. It once again requests the Government to provide additional information indicating the provisions of the national legislation which ensure compliance with the Convention in sectors not covered by the Labour Code.

The Committee noted the Government’s declaration when ratifying the Convention setting the minimum age for admission to employment or work on its territory at 15 years. It noted that the Labour Code, in section 167(1), refers to the prohibition of the employment of persons under 16 years of age, but that subsection 2 of section 167 of the Code provides for the possibility of derogating from this prohibition in exceptional cases and with the agreement of the trade union of the enterprise. The Committee once again requests the Government to indicate the conditions governing this possibility to derogate from the minimum age for admission to employment or work and the procedures for obtaining the agreement of trade unions in the enterprise.

Article 2, paragraph 3. The Committee noted from the Government’s report that, following the reform of the education system, completion of the basic and primary education programme occurs at 15 years of age following nine years of education. Nevertheless, according to the information provided by the Government in its report on the application of the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), received in March 2001, that while basic education (nine years) is free of charge, only primary education (six years) is compulsory. Furthermore, in the same report, the Government referred to the adoption of an apprenticeship programme for children who have completed their primary education and for those who are authorized by the appropriate bodies from the age of 12 years: compulsory schooling would therefore appear to be completed before the minimum age for admission to employment. The Committee reminded the Government that Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), provides that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment in accordance with Article 2 of the Minimum Age Convention, 1973. The Committee once again requests the Government to indicate the measures ensuring that children who have completed their compulsory schooling do not work before they reach the minimum age for admission to employment or work.

Article 3, paragraphs 1 and 2. The Committee noted that, according to the Government’s report, persons under 18 years of age cannot take jobs in rail transport or perform duties directly related to the handling of trains, and that their engagement in a job is subject to undergoing a medical examination for fitness for this work. In the field of civil aviation, the regulations provide that the minimum age for admission to work is 16 years and that persons under 18 years of age are not authorized to discharge certain occupations, a list of which was provided by the Government in its report. In the case of underground rail transport, the minimum age for admission to work is 16 years and there is a list of occupations which cannot be performed by persons under 18 years of age. Similarly, persons under 18 years of age cannot be employed in underground work or overseas transport. Furthermore, the Committee noted the provisions of the Labour Code (section 169(1)) prohibiting arduous work, hazardous occupations and underground work for persons under 18 years of age. The Government indicated in its report that the list of types of work to which persons under 18 years of age cannot be admitted is currently determined by the inter-departmental Ordinance of 27 April 1988 and that a new list of occupations by economic branch to which persons under 18 years of age may not be admitted is to be adopted. The Committee once again requests the Government to provide a copy of the Ordinance of 1988 and of any other provision determining the types of employment or work which are likely to jeopardize the health, safety or morals of young persons. It also requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted.

Article 6. The Committee noted the information provided by the Government in its report of March 2001 for Convention No. 117 to the effect that apprenticeship programmes for children have been adopted under the Education Act and the Initial Vocational Training Act. According to this report, the apprenticeship programmes commence after completion of primary education or, if an authorization is granted, as from the age of 12 years. The Committee reminded the Government that, in accordance with Article 6, Convention No. 138 does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training, a programme of vocational training, or a programme of guidance. The Committee once again requests the Government to take the necessary measures to ensure compliance with this provision and to provide information on the content of the apprenticeship programmes. It also requests it to provide information on the consultations which were held with the organizations of employers and workers concerned with regard to the conditions prescribed by the competent authority for work done by persons of at least 14 years of age in enterprises.

Article 7, paragraphs 1 and 2. The Committee noted section 167(3) of the Labour Code, which authorizes work by children under 14 years of age outside school periods with the consent of a parent or legal representative, where such work is not prejudicial to their health and schooling. The Committee noted that this exemption is similar to that provided for in Article 7 of the Convention for light work. Under the terms of this provision, work by young persons of between 13 and 15 years of age may be permitted provided that such work is not harmful to their health or development and does not prejudice their attendance at school. However, the terms of section 167(3) do not apply the age limit of 13-15 years. The Committee once again requests the Government to take the necessary measures to ensure that such work is not permitted for children under 13 years of age.

The Committee noted that section 188(2) of the draft Labour Code provides that persons of 14 and 15 years of age may work in exceptional cases in jobs determined by the law, with the consent of a parent or legal representative, provided that the work is not likely to jeopardize their health or morals and does not interfere with their schooling. The Committee once again requests the Government to provide information on the effect given to the draft Labour Code, and particularly on the specific provisions relating to light work, and to provide indications on the manner in which these provisions guarantee that such work is not likely to interfere with compulsory schooling, participation in vocational orientation or training programmes approved by the competent authority or with their capacity to benefit from the instruction received.

Article 7, paragraph 3. The Committee noted that a list of light work for which children from 13 to 15 years of age may be engaged must be approved. It once again requests the Government to provide a copy of the list when it has been adopted. The Committee also requests the Government to indicate which measures determine, or to adopt such measures, in addition to the activities in which the employment or performance of light work by persons of between 13 to 15 years of age may be permitted, the hours of work and the conditions in which such employment or work may be undertaken.

Article 8. The Committee noted the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add.4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee once again requests the Government to provide additional information on this subject and to indicate the procedure for granting permits and the conditions applying to such permits.

Article 9. The Committee noted the establishment of the labour inspectorate, in September 1995 by the Ministry of Labour, Health and Social Protection, and the provisions of section 237 of the Labour Code respecting the functions of labour inspectors for the protection of young persons. The Committee once again requests the Government to indicate the measures taken with a view to giving effect in practice to the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age.

Article 9, paragraph 3. The Committee requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. The Committee noted the information provided by the Government in its report concerning the number of children engaged in an economic activity, disaggregated by age group, sex and branch of activity. In its report to the United Nations Committee on the Rights of the Child in 1998 (CRC/C/41/Add.4. Rev.1, paragraph 300), the Government recognized the difficulties of applying in practice the legal provisions respecting persons under 18 years of age: the financial difficulties suffered by most families in the transition period have compelled young persons to engage in individual labour activities or to find jobs in the private sector, with the result that regulations as to age are being infringed and, because of the economic situation, the State cannot combat such infringements by administrative means. The Committee notes this information and requests the Government to continue its cooperation with the International Programme for the Elimination of Child Labour (IPEC) and to provide detailed information on the application in practice of the provisions of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported. With a view to assessing the application in practice of the provisions of the Convention, it once again requests the Government to describe the methodology used for the collection of this information.

The Committee noted the preparation of a new draft Labour Code and noted the information provided by the Government in its report to the effect that the provisions of this draft text will give full effect to the Convention. It once again requests the Government to provide information on developments with regard to the draft Labour Code and to provide a copy when it has been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, of the Convention. The Committee notes that the scope of the Labour Code (section 1) does not cover self-employed workers or any work performed outside an employment relationship. It requests the Government to provide additional information indicating the provisions of the national legislation which ensure compliance with the Convention in sectors not covered by the Labour Code.

The Committee notes the Government’s declaration when ratifying the Convention setting the minimum age for admission to employment or work on its territory at 15 years. It notes that the Labour Code, in section 167(1), refers to the prohibition of the employment of persons under 16 years of age, but that subsection 2 of section 167 of the Code provides for the possibility of derogating from this prohibition in exceptional cases and with the agreement of the trade union of the enterprise. The Committee requests the Government to indicate the conditions governing this possibility to derogate from the minimum age for admission to employment or work and the procedures for obtaining the agreement of trade unions in the enterprise.

Article 2, paragraph 3. The Committee notes from the Government’s report that, following the reform of the education system, completion of the basic and primary education programme occurs at 15 years of age following nine years of education. Nevertheless, according to the information provided by the Government in its report on the application of the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), received in March 2001, that while basic education (nine years) is free of charge, only primary education (six years) is compulsory. Furthermore, in the same report, the Government refers to the adoption of an apprenticeship programme for children who have completed their primary education and for those who are authorized by the appropriate bodies from the age of 12 years: compulsory schooling would therefore appear to be completed before the minimum age for admission to employment. The Committee reminds the Government that Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), provides that full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment in accordance with Article 2 of the Minimum Age Convention, 1973. The Committee requests the Government to indicate the measures ensuring that children who have completed their compulsory schooling do not work before they reach the minimum age for admission to employment or work.

Article 3, paragraphs 1 and 2. The Committee notes that, according to the Government’s report, persons under 18 years of age cannot take jobs in rail transport or perform duties directly related to the handling of trains, and that their engagement in a job is subject to undergoing a medical examination for fitness for this work. In the field of civil aviation, the regulations provide that the minimum age for admission to work is 16 years and that persons under 18 years of age are not authorized to discharge certain occupations, a list of which is provided by the Government in its report. In the case of underground rail transport, the minimum age for admission to work is 16 years and there is a list of occupations which cannot be performed by persons under 18 years of age. Similarly, persons under 18 years of age cannot be employed in underground work or overseas transport. Furthermore, the Committee notes the provisions of the Labour Code (section 169(1)) prohibiting arduous work, hazardous occupations and underground work for persons under 18 years of age. The Government indicates in its report that the list of types of work to which persons under 18 years of age cannot be admitted is currently determined by the inter-departmental Ordinance of 27 April 1988 and that a new list of occupations by economic branch to which persons under 18 years of age may not be admitted is to be adopted. The Committee requests the Government to provide a copy of the Ordinance of 1988 and of any other provision determining the types of employment or work which are likely to jeopardize the health, safety or morals of young persons. It also requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted.

Article 6. The Committee notes the information provided by the Government in its report of March 2001 for Convention No. 117 to the effect that apprenticeship programmes for children have been adopted under the Education Act and the Initial Vocational Training Act. According to this report, the apprenticeship programmes commence after completion of primary education or, if an authorization is granted, as from the age of 12 years. The Committee reminds the Government that, in accordance with Article 6, Convention No. 138 does not apply to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, and is an integral part of a course of education or training, a programme of vocational training, or a programme of guidance. The Committee requests the Government to take the necessary measures to ensure compliance with this provision and to provide information on the content of the apprenticeship programmes. It also requests it to provide information on the consultations which were held with the organizations of employers and workers concerned with regard to the conditions prescribed by the competent authority for work done by persons of at least 14 years of age in enterprises.

Article 7, paragraphs 1 and 2. The Committee notes section 167(3) of the Labour Code, which authorizes work by children under 14 years of age outside school periods with the consent of a parent or legal representative, where such work is not prejudicial to their health and schooling. The Committee notes that this exemption is similar to that provided for in Article 7 of the Convention for light work. Under the terms of this provision, work by young persons of between 13 and 15 years of age may be permitted provided that such work is not harmful to their health or development and does not prejudice their attendance at school. However, the terms of section 167(3) do not apply the age limit of 13-15 years. The Committee requests the Government to take the necessary measures to ensure that such work is not permitted for children under 13 years of age.

The Committee notes that section 188(2) of the draft Labour Code provides that persons of 14 and 15 years of age may work in exceptional cases in jobs determined by the law, with the consent of a parent or legal representative, provided that the work is not likely to jeopardize their health or morals and does not interfere with their schooling. The Committee requests the Government to provide information on the effect given to the draft Labour Code, and particularly on the specific provisions relating to light work, and to provide indications on the manner in which these provisions guarantee that such work is not likely to interfere with compulsory schooling, participation in vocational orientation or training programmes approved by the competent authority or with their capacity to benefit from the instruction received.

Article 7, paragraph 3. The Committee notes that a list of light work for which children from 13 to 15 years of age may be engaged must be approved. It requests the Government to provide a copy of the list when it has been adopted. The Committee also requests the Government to indicate which measures determine, or to adopt such measures, in addition to the activities in which the employment or performance of light work by persons of between 13 to 15 years of age may be permitted, the hours of work and the conditions in which such employment or work may be undertaken.

Article 8. The Committee notes the information contained in the report of the Committee on the Rights of the Child (CRC/C/41/Add. 4, paragraph 13) that, under certain conditions, children under 15 years of age are engaged in artistic activities, such as the circus or the cinema. The Committee requests the Government to provide additional information on this subject and to indicate the procedure for granting permits and the conditions applying to such permits.

Article 9. The Committee notes the establishment in September 1995 by the Ministry of Labour, Health and Social Protection of the labour inspectorate, and the provisions of section 237 of the Labour Code respecting the functions of labour inspectors for the protection of young persons. The Committee requests the Government to indicate the measures taken with a view to giving effect in practice to the provisions of the Convention, and particularly the legal measures providing for penalties in the event of violations of the provisions respecting minimum age.

Article 9, paragraph 3. The Committee requests the Government to indicate the measures which have been taken requiring employers to keep and make available registers or other documents indicating the names and ages or dates of birth, duly certified, of persons whom they employ or who work for them and who are less than 18 years of age.

Part V of the report form. The Committee notes the information provided by the Government in its report concerning the number of children engaged in an economic activity, disaggregated by age group, sex and branch of activity. In its report to the United Nations Committee on the Rights of the Child in 1998 (CRC/C/41/Add.4. Rev.1, paragraph 300), the Government recognized the difficulties of applying in practice the legal provisions respecting persons under 18 years of age: the financial difficulties suffered by most families in the transition period have compelled young persons to engage in individual labour activities or to find jobs in the private sector, with the result that regulations as to age are being infringed and, because of the economic situation, the State cannot combat such infringements by administrative means. The Committee notes this information and requests the Government to continue its cooperation with the International Programme for the Elimination of Child Labour (IPEC) and to provide detailed information on the application in practice of the provisions of the Convention including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported. With a view to assessing the application in practice of the provisions of the Convention, it requests the Government to describe the methodology used for the collection of this information.

The Committee notes the preparation of a new draft Labour Code and notes the information provided by the Government in its report to the effect that the provisions of this draft text will give full effect to the Convention. It requests the Government to provide information on developments with regard to the draft Labour Code and to provide a copy when it has been adopted.