Minimum Age Convention, 1973 (No. 138) - North Macedonia (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 2(1) of the Convention. Scope of application. Following its previous comments, in which the Committee observed that most child labour in North Macedonia appeared to occur in the informal economy, the Committee notes the Government’s information, in its report, that a new Law on Labour Relations is in the process of finalization. As with the previous Law on Labour Relations, the provisions relating to the minimum age for admission to employment or work (section 18) do not apply to work performed outside a formal labour relationship, such as self-employment or work in the informal economy. The Committee also notes the Government’s information regarding recent recruitments in the State Labour Inspectorate (SLI) and that, as of March 2023, the SLI is composed of a total of 203 employees, of which 127 are inspectors. Three additional inspectors are expected to be recruited by the end of 2023. The Government indicates that the capacities of the SLI are increasing, with the aim of monitoring the application of the laws, particularly as regards children and young persons. The Government also indicates that representatives of the SLI were nominated to participate in working groups formed to prepare a Strategy for the formalization of the informal economy 2023–25.

The Committee takes note of these measures, as well as of the UNICEF Multiple Indicator Cluster Survey 2018-19, which indicates that the overall prevalence of child labour is low in the country (3 per cent of children between the ages of 5 and 17 years engaged in child labour), and that most child labour is found in rural, rather than urban areas (5 per cent compared to 2 per cent respectively). The Committee encourages the Government to continue to take measures to ensure that all children carrying out economic activities without an employment contract, particularly children working in the informal economy and in the rural areas, benefit from the protection afforded by the Convention. The Committee requests the Government to continue to provide information on the measures taken in this regard, as well as on the number of children under the age of 15 engaged in child labour who were detected by the SLI.

Article 7. Light work. In its previous comments, the Committee noted the Government’s statement that the amendments to the Law on Labour Relations would set the minimum age for light work at 13 years and that they would include the determination of the types of light work in which children from the age of 13 could engage. The Committee notes with regret, however, that section 18(2) of the new Law on Labour Relations, 2023, like its predecessor, addresses light work (in activities determined by law) that can be performed by a child under the age of 15 without setting a minimum age for engagement in such work. Moreover, while the number of daily hours of light work permitted have been reduced from four to two hours (except during the summer holidays when six hours daily are permitted), the new Law still does not appear to include a determination of the types of light work that can be permitted to children under the age of 15.

The Committee once again reminds the Government that Article 7(1) of the Convention allows children between the ages of 13 and 15 to engage in light work. Pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted. The Committee requests the Government to take the necessary measures to ensure that the Law on Labour Relations is amended to set the minimum age for admission to light work at 13 years and to determine the types of activities in which light work may be permitted, in accordance with Article 7(1) and (3) of the Convention.

Application of the Convention in practice. The Committee once again notes the absence of information relating to children working below the minimum age for admission to employment of 15 years. The Committee requests that the Government take measures to collect and provide information on the number of children working below the minimum age in North Macedonia.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the provisions relating to the minimum age for admission to employment or work in the Labour Relations Law did not apply to work performed outside a formal labour relationship, such as self-employment or work in the informal economy. Moreover, the Committee noted that the Committee on the Rights of the Child (CRC), expressed concern regarding the incidence of child labour in the informal economy, including in street vending at intersections, on street corners and in restaurants. The Committee also noted the Government’s information that, according to the data collected through the labour inspectorate, no children under 15 years of age were found to be engaged in work. However, the Committee observed that, as stated by the CRC, most child labour in the Republic of Macedonia seemed to occur in the informal economy.

The Committee once again notes the Government’s information in its report that, there were no workers younger than 15 years detected in formal employment by the labour inspectors, however, the labour inspection services do not cover younger people who perform certain types of work within the family household in individual agricultural production. In this regard, the Committee recalls that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345).The Committee accordingly once again requests the Government to take measures to ensure that all children carrying out economic activities without an employment contract, particularly children working in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee once again urges the Government to take measures to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy. The Committee requests the Government to provide information on the measures taken in this regard and on the progress achieved.

Article 7. Light work. The Committee previously noted that, pursuant to section 18(2) of the Labour Relations Law, a person under the age of 15 who has not completed compulsory schooling may work for a maximum of four hours a day in activities determined by law. In this regard, the Committee reminded the Government that Article 7(1) of the Convention allows children between the ages of 13 and 15 to engage in light work and that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted. The Committee noted the Government’s statement that it would take the Committee’s comments on this point into consideration when next amending the Labour Law.

The Committee notes that Government’s statement that, the subsequent amendments of the Labour Relations Law will determine the minimum age for light work as 13 years, as well as the types of light work that may be performed by children between 13 and 15 years of age.The Committee requests that the Government take the necessary measures to ensure that the amendments of the Labour Relations Law are adopted in the near future, and provide a copy once they are adopted.

Application of the Convention in practice. The Committee notes the Government’s information in its report that, approximately, 584 children of 15 years of age, 687 of 16 years, and 797 of 17 years were employed in 2013, 779 children of 16 years of age and 578 children of 17 years of age were employed in 2014, while 939 children of 16 years of age and 1,059 children of 17 years of age were employed in 2015. However, the Committee notes the absence of information relating to children working below the minimum age for admission to employment of 15 years.The Committee requests that the Government continue to provide information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends of the employment of young persons between the ages of 15 and 18 years and, where possible, information on the number of children working below the minimum age.

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

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the provisions relating to the minimum age for admission to employment or work in the Labour Relations Law did not apply to work performed outside a formal labour relationship, such as self-employment or work in the informal economy. Moreover, the Committee noted that the Committee on the Rights of the Child (CRC), expressed concern regarding the incidence of child labour in the informal economy, including in street vending at intersections, on street corners and in restaurants. The Committee also noted the Government’s information that, according to the data collected through the labour inspectorate, no children under 15 years of age were found to be engaged in work. However, the Committee observed that, as stated by the CRC, most child labour in the Republic of Macedonia seemed to occur in the informal economy.

The Committee once again notes the Government’s information in its report that, there were no workers younger than 15 years detected in formal employment by the labour inspectors, however, the labour inspection services do not cover younger people who perform certain types of work within the family household in individual agricultural production. In this regard, the Committee recalls that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345). The Committee accordingly once again requests the Government to take measures to ensure that all children carrying out economic activities without an employment contract, particularly children working in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee once again urges the Government to take measures to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy. The Committee requests the Government to provide information on the measures taken in this regard and on the progress achieved.

Article 7. Light work. The Committee previously noted that, pursuant to section 18(2) of the Labour Relations Law, a person under the age of 15 who has not completed compulsory schooling may work for a maximum of four hours a day in activities determined by law. In this regard, the Committee reminded the Government that Article 7(1) of the Convention allows children between the ages of 13 and 15 to engage in light work and that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted. The Committee noted the Government’s statement that it would take the Committee’s comments on this point into consideration when next amending the Labour Law.

The Committee notes that Government’s statement that, the subsequent amendments of the Labour Relations Law will determine the minimum age for light work as 13 years, as well as the types of light work that may be performed by children between 13 and 15 years of age. The Committee requests that the Government take the necessary measures to ensure that the amendments of the Labour Relations Law are adopted in the near future, and provide a copy once they are adopted.

Application of the Convention in practice. The Committee notes the Government’s information in its report that, approximately, 584 children of 15 years of age, 687 of 16 years, and 797 of 17 years were employed in 2013, 779 children of 16 years of age and 578 children of 17 years of age were employed in 2014, while 939 children of 16 years of age and 1,059 children of 17 years of age were employed in 2015. However, the Committee notes the absence of information relating to children working below the minimum age for admission to employment of 15 years. The Committee requests that the Government continue to provide information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends of the employment of young persons between the ages of 15 and 18 years and, where possible, information on the number of children working below the minimum age.

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

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends in the labour of young persons between the ages of 15 and 18 years and, where possible, information on the number of children working below the minimum age.

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

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the provisions relating to the minimum age for admission to employment or work in the Labour Relations Law did not apply to work performed outside a formal labour relationship, such as self-employment or work in the informal economy. The Committee noted, moreover, that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern regarding the incidence of child labour in the informal economy, including in street vending at intersections, on street corners and in restaurants (CRC/C/MKD/CO/2, paragraph 69).

The Committee once again notes the Government’s indication that it is its policy to prevent the misuse of child labour. In this regard, the Committee notes the Government’s information that, according to the data collected through the labour inspectorate, no children under 15 years of age were found to be engaged in work. However, the Committee observes that, as stated by the CRC, most child labour in the Republic of Macedonia seems to occur in the informal economy. In this regard, the Committee is of the view that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 345). The Committee accordingly once again requests the Government to take measures to ensure that all children carrying out economic activities without an employment contract, particularly children working in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee urges the Government to take measures to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy. The Committee requests the Government to provide information on the measures taken in this regard and on the progress achieved.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that a draft regulation defining the activities prohibited for workers under 18 years of age was being developed and requested the Government to take measures to ensure that this draft regulation was enacted in the near future.

The Committee notes with satisfaction the Government’s indication that the Rulebook on the minimal requirements for safety and health during work for young workers was adopted and published on 15 November 2012. The Rulebook prescribes the minimum occupational safety and health requirements for employees younger than 18 years of age. In addition, the Rulebook prescribes the list of harmful factors and working conditions to which young workers should not be exposed. This list includes: activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. This list also includes jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excessive dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres.

Article 7. Light work. The Committee previously noted that, pursuant to section 18(2) of the Labour Relations Law, a person under the age of 15 who has not completed compulsory schooling may work for a maximum of four hours a day in activities determined by law. In this regard, the Committee reminded the Government that Article 7(1) of the Convention, permits children between the ages of 13 and 15 to engage in light work and that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted.

The Committee notes the Government’s statement that it will take the Committee’s comments on this point into consideration when next amending the Labour Law. The Committee urges the Government to take measures to ensure that the performance of light work is only permitted for children over the age of 13 in the very near future. It also requests the Government to take the necessary measures to determine the types of light work which children between the ages of 13 and 15 years may undertake.

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

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

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Relations Law only applied to labour relations between employers and employees established through an employment contract, and including remuneration. The Committee therefore observed that the provisions relating to the minimum age of admission to employment or work in the Labour Relations Law, did not apply to work performed outside of a formal labour relationship, such as self-employment or work in the informal sector. In this regard, the Committee noted the information from UNICEF of February 2008, that the majority of children engaged in child labour did so on an unpaid basis, both inside and outside of family undertakings.

The Committee notes the information in the Government’s report regarding legislative provisions governing self-employed persons, including provisions on individual traders, persons engaged in craftsmanship, and self-employed foreigners. The Committee also notes the Government’s indication that children working in a situation not meeting the requirements set forth in the Labour Relations Law are considered to be working in the informal sector. The Government also states that it is the Government’s policy and aim to prevent the misuse of child labour, as well as the negative impact of these types of work.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 23 June 2010, expressed concern regarding the incidence of child labour in the informal sector, including in street vending at intersections, on street corners and in restaurants (CRC/C/MKD/CO/2, paragraph 69). The Committee accordingly requests the Government to take measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working in the informal economy. In this regard, the Committee encourages the Government to take measures to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal sector.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of labour affairs in coordination with the Minister in charge of health affairs. The Committee requested the Government to provide information on any determinations made on types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law.

The Committee notes the information in the Government’s report that a draft regulation defining the activities prohibited for workers under 18 years of age has been developed and is in the process of being enacted. The Committee notes the Government’s indication that the regulation contains detailed list of jobs that are prohibited for persons under the age of 18. This list includes: activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. This list also includes jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres. The Committee requests the Government to take the necessary measures to ensure that this draft regulation, containing the list of types of work prohibited to persons under the age of 18, is enacted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Article 7. Light work. The Committee previously noted the information in the Multiple Indicator Cluster Survey of 2005–06 that 9.9 per cent of children below the age of 15 are engaged in economic activity. This survey indicated that 11.7 per cent of 13 year olds and 12.4 per cent of 14 year olds were engaged in economic activities, and that the vast majority of these children also attended school.

The Committee notes that, pursuant to section 18(2) of the Labour Relations Law, a person under the age of 15 who has not completed compulsory school may work for a maximum of four hours a day in activities determined by law. In this regard, the Committee reminds the Government that Article 7(1) of the Convention, permits children between the ages of 13 and 15 to engage in light work and that pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted. The Committee requests the Government to provide information on whether the types of economic activities permitted to persons under the age of 15 have been determined, pursuant to section 18(2), and to provide a copy of any legislation relevant in this regard. In addition, observing that there appears to be no minimum age of 13 years for the light work permitted under section 18 of the Labour Relations Law, the Committee requests the Government to indicate the measures taken or envisaged to permit light work for persons only over the age of 13.

Article 8. Artistic performances. The Committee previously noted that the Labour Relations Law provides that a child under 15 may participate (for remuneration) in films or cultural, artistic, sporting and advertising activities. Permission for this purpose shall be granted on the basis of the child’s representative’s request, following a review of the child’s situation. The Committee reminded the Government that pursuant to Article 8 of the Convention, permits granted to children to participate in artistic endeavours shall limit the number of hours of, and provide the conditions for, the authorized employment or work.

The Committee notes that pursuant to section 18(4) and (5) of the Labour Relations Law, approval is necessary from the labour inspection for a person under the age of 15 to participate in cultural and artistic activities. Section 18(5) states that approval is granted upon the request of the organizer of a cultural or artistic activity, following the consent of the child’s legal representative and after the labour inspectors have carried out an assessment of the establishment where the activities will take place. Lastly, the Committee notes that, pursuant to section 18(2) of the Labour Relations Law, any person under the age of 15 who is permitted to work may only work for a maximum of four hours a day.

Article 9(3). Keeping of registers. The Committee previously requested the Government to provide information on the measures taken or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

The Committee notes the information in the Government’s report that the Law on Keeping Labour Records requires an employer to keep specific worker records for all employees, regardless of age. The Government states that this worker record includes, inter alia, the workers’ full name and their date of birth. The Government indicates that the employer shall start an employee work record on the day which employment commences, and that the state labour inspectorate also keeps this record. The Committee requests the Government to provide a copy of the Law on Keeping Labour Records, with its next report.

Part III of the report form. Labour inspectorate. The Committee previously requested information on the performance of labour inspections by the state labour inspectorate in practice, concerning the monitoring of child labour.

The Committee notes the information in the Government’s report that the state labour inspectorate conducted 34,045 inspections in 2010. The Government indicates that no cases of persons under the age of 15 at work were found in the course of these inspections. The Committee also notes the Government’s indication that in 2010, labour inspectors received and responded to 2,131 requests regarding the protection of labour rights, and that none of these requests concerned persons under the age of 15.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information from the Multiple Indicator Cluster Survey of 2005–06, that while there are some children between the ages of 5 and 14 engaged in economic activity, the vast majority of these children were also attending school, with less than 1 per cent of children under 15 engaged only in economic activity.

The Committee notes the detailed statistical information provided in the Government’s report, indicating that in 2008 there were 11,159 persons employed between the ages of 15 and 19, and 9,558 such persons in 2009. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends in the labour of young persons between the ages of 15 and 18, and where possible, information on the number of children working below the minimum age.

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

The Committee notes the Government’s first report.

Article 2(1) of the Convention. 1. Scope of application. The Committee notes that, pursuant to section 1(1) of the Labour Relations Law of 22 July 2005 (Labour Relations Law), the Law regulates labour relations between employers and employees established through an employment contract. Section 5(1) of the Labour Relations Law states that a labour relation is a contractual relation between the employee and the employer whereby the employee carries out work according to the instructions and under the supervision of the employer for remuneration, and section 5(2) states that an employee is any natural person who has entered into a labour relation on the basis of a concluded employment contract. Therefore, it appears that the Labour Relations Law, and its provisions relating to the minimum age of admission to employment or work, do not apply to work performed outside of a formal labour relationship, such as self-employment. The Committee reminds the Government that the Convention applies to all branches of economic activity, and covers all types of employment or work, whether or not there is a contractual employment and whether or not the work is remunerated. In this regard, the Committee notes the information in the UNICEF report entitled “Children in FYR Macedonia” of February 2008 that, the majority of children engaged in child labour do so on an unpaid basis, both inside and outside of family undertakings. It further notes the information in a 2008 report on the worst forms of child labour in Macedonia, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org), that children engage in work in the informal sector. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, work in the informal sector or work on a self-employed basis, benefit from the protection provided by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 15 years as the minimum age for admission to employment or work. The Committee also notes that article 42 of the Constitution of the Republic of Macedonia states that a person under 15 years of age cannot be employed. The Committee further notes that section 250(1) of the Labour Relations Law states that the employment of children under 15 is prohibited. Furthermore, section 18(1) of the Labour Relations Law states that an employment contract may only be concluded with a person who has reached the age of 15, and section 18(2) provides that an employment contract concluded with a person under the age of 15 years is null and void.

Article 2(3). Age of completion of compulsory education. The Committee notes that, pursuant to section 4 of the Law on Primary and Secondary Education (adopted on 1 August 2008), basic education lasts for nine years. The Committee also notes the information in the 2010 UNESCO report entitled “Education For All, Global Monitoring Report” that compulsory education is from the age of 6 to the age of 15, corresponding to the age at which children may be admitted to work.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that article 42 of the Constitution states that minors may not be employed in work which is detrimental to their health or morality. The Committee also notes that chapter XIII of the Labour Relations Law entitled “Protection of Employees under the Age of 18” prohibits certain types of work for persons under 18 years of age. Pursuant to section 176, persons under 18 cannot be engaged in night work and must be given annual leave. Section 174 states that persons under 18 cannot work for more than 8 hours per day and 40 hours per week, and also stipulates mandatory breaks and rest periods. Section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of labour affairs in coordination with the Minister in charge of health affairs. The Committee requests the Government to provide information on any determinations made on types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law, and to provide copies of the relevant documents with its next report.

Article 6. Vocational training and apprenticeship. The Committee notes that, pursuant to section 250(4) of the Labour Relations Law, secondary school students who have reached 14 years of age may perform practical training with an employer within the framework of their educational programme. The Committee also notes that pursuant to section 250(5) of the Labour Relations Law, the protections for persons under 18 regarding working time, rest time and protection against harmful work apply to persons undergoing this training. The Committee further notes that section 251 of the Labour Relations Law regulates apprentices (persons who acquire vocational training with the employer), and stipulates that the protection measures for persons under 18 equally apply to apprentices under this age.

Article 7. Light work. The Committee notes that the Government does not provide information concerning the light work permissible for persons under the minimum age. However, the Committee notes the information from the Multiple Indicator Cluster Survey of 2005–06 that 9.9 per cent of children below the age of 15 are engaged in economic activity. This survey indicates that 11.7 per cent of 13 year olds and 12.4 per cent of 14 year olds are engaged in economic activities, and that the vast majority of these children also attend school. In this regard, the Committee draws the Government’s attention to Article 7(1) of the Convention, which provides that national laws or regulations may permit children between the ages of 13 and 15 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes. In addition, under the terms of Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such work may be undertaken. Observing that there appears to be no minimum age of 13 years for light work currently set forth in legislation, the Committee requests the Government to indicate the measures it intends to take to permit light work for persons over the age of 13 and to determine what constitutes this light work, pursuant to Article 7 of the Convention.

Article 8. Artistic performances. The Committee notes that section 250(2) of the Labour Relations Law provides that a child under 15 may participate with remuneration in films or the preparation and performance of cultural, artistic, sporting and advertising activities. Section 250(3) of the Labour Relations Law states that permission shall be granted on the basis of the child’s representative’s request, following a review of the child’s position. Recalling that pursuant to Article 8 of the Convention, permits granted to children to participate in artistic endeavours shall limit the number of hours of, and provide the conditions for, the authorized employment or work, the Committee requests the Government to indicate if the permission granted to children pursuant to section 250(3) of the Labour Relations Law includes limitations on the permissible number of hours worked, and the conditions of this work.

Article 9(1). Penalties. The Committee notes the Government’s indication that, pursuant to section 264 of the Labour Relations Law, an employer who is a legal entity will be fined 15,000 Macedonian denars (approximately US$332) if they conclude an employment contract with a person under the age of 15 (section 264(1)(3)), or if they do not provide the required protection to employees under the age of 18 in accordance with sections 172–176 (section 264(1)(17)) or if they organize the work of children, pupils and students contrary to section 250 (section 264(1)(23)). This fine shall be 10,000 Macedonia denars (approximately US$221) if the employer is a natural person.

Article 9(3). Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring employers to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name 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 requests the Government to provide information on the measures taken or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s statement that the Ministry of Labour and Social Policy and the State Inspectorate are the authorities entrusted to ensure the effective implementation and enforcement of the Convention. The Committee requests the Government to provide information on the performance of labour inspections by the State Inspectorate in practice, concerning the monitoring of child labour. In this regard, the Committee requests the Government to provide information on the number and nature of violations detected involving children and young persons, including the number of investigations conducted, fines imposed, and, where possible, extracts from reports of labour inspectors.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the Multiple Indicator Cluster Survey of 2005–06 that 12.3 per cent of males and 7.3 per cent of females between the ages of 5 and 14 are engaged in economic activities. This survey indicates that the majority of these children are engaged in both economic activity and go to school, with less than one per cent of both girls and boys under 15 engaged only in economic activity. The Committee requests the Government to provide up to date information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.