Minimum Age Convention, 1973 (No. 138) - Tajikistan (Ratification: 1993)

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

Previous comments: observation and direct request

Article 2(1) of the Convention. Minimum age for admission to employment or work. For many years, the Committee has been drawing the Government’s attention to the need to amend the provisions of the national legislation to ensure that the minimum age for admission to employment or work is 16 years, as specified by the Government at the time of ratification. The Government replies in its report that the minimum age for admission to employment of 15 years established by section 21(2) of the Labour Code of 2016 is in line with Article 2(3) of the Convention, which states that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. The Government further indicates that the age of completion of compulsory schooling is 15 years in Tajikistan, and raising the minimum age for admission to employment could contribute to unemployment and social tensions, given the high proportion of youth population in the country. The Government however indicates that the issue of the minimum age for admission to employment will be discussed in the framework of the elaboration of the bill amending the Labour Code.

The Committee recalls that in accordance with Article 2(1) of the Convention, the Government specified the minimum age for admission to employment of 16 years at the time of ratification of the Convention. Recalling that the Convention does not permit the lowering of the minimum age once specified, the Committee notes with concern that the minimum age for admission to employment remains set at 15 years in Tajikistan. The Committee once again strongly urges the Government to take the necessary measures to bring section 21(2) of the Labour Code of 2016 into conformity with Article 2(1) of the Convention by raising the minimum age for admission to employment to 16 years. The Committee requests the Government to provide information on any progress made in this respect.

Scope of application and labour inspection. The Committee takes note of the Government’s indication that the State Supervisory Service for Labour, Migration and Employment (SILME) has a separate plan of inspections carried out jointly with law enforcement agencies to monitor compliance with the labour legislation on the employment of young persons and to prevent child labour. In this respect, 309 inspections were carried out by the SILME, in cooperation with local authorities, prosecutors, tax authorities and the media during 2016–22. The inspections identified 511 cases of child labour, involving 324 boys and 187 girls. The identified violations of the labour legislation included the absence of a written employment contract or written parental consent to employ a young person as well as non-compliance with working hours regulations. Referring to its detailed comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to take measures to strengthen the capacity and expand the reach of the SILME to effectively monitor and detect cases of child labour, particularly in the informal economy. It requests the Government to continue to provide information on the number of inspections related to child labour that have been carried out by the SILME as well as on the number and nature of violations detected, and the penalties applied.

Article 8. Artistic performances. The Committee notes the Government’s reference to section 21(3) of the Labour Code of 2016, which allows for the conclusion of an employment contract with parental consent with children under 15 years of age to take part in theatrical performances, filmmaking, concerts, circus programmes and other creative performances that do not involve harm to their health or moral development and do not disrupt their education. According to the Government, these provisions of the Labour Code have direct effect and there is no need for additional regulations.

The Committee recalls that Article 8 of the Convention allows the participation of children under the minimum age for admission to employment or work in artistic performances only subject to the granting of a permit by the competent authority in individual cases. Permits so granted shall limit the number of hours during which and prescribe conditions in which such employment or work is allowed. The Committee therefore points out that section 21(3) of the Labour Code does not ensure the full application of the provisions of Article 8 of the Convention. The Committee reiterates its request to the Government to take the necessary measures to regulate the participation of children under the minimum age for admission to employment or work in artistic performances, in line with the requirements of Article 8 of the Convention.

Application of the Convention in practice. The Government indicates that the child labour monitoring system, which aims to identify and prevent child labour, has proven to be an effective mechanism in Tajikistan. More than 900 children aged between 15 and 17 have been identified and removed from child labour by the child labour monitoring committees. The work of the child labour monitoring committees also includes conducting awareness-raising activities and facilitating young people’s access to vocational education and training. The Government also refers to the latest available data indicating that the number of working children fell by 10 per cent between 2012 and 2016. The Government further indicates that the next national child labour survey is scheduled for the second half of 2023. The Committee requests the Government to pursue its efforts towards the progressive elimination of child labour, including in hazardous work, and to continue to provide information on the number of children identified and removed from child labourby the child labour monitoring committees. It also requests the Government to provide information on the findings of the next national child labour survey, including updated statistics on the nature, extent and trends of child labour.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 8 of the Convention. Artistic performances. The Committee previously noted the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. The Committee further noted the Government’s consideration to enact a regulatory framework for the granting of permits to children participating in artistic performances. Noting an absence of information from the Government on this point, the Committee once again requests the Government to take the necessary measures to regulate the participation of children under the minimum age in artistic performances in accordance with Article 8 of the Convention. The Committee further requests the Government to provide information on any progress made in this regard.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(1) of the Convention. 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted that despite its reiterated comments for many years, the Labour Code of 2016, in its section 21, prohibits the employment of children under 15 years, which is lower than the minimum age of 16 years specified by the Government at the time of ratification. The Committee further emphasized that the objective of the Convention is to eliminate child labour and that it allows and encourages the raising of the minimum age but does not permit the lowering of the minimum age once specified.

The Committee notes with  deep regret  that the Government does not provide information on any progress made in the amendment of section 21 of the Labour Code of 2016. The Committee therefore once again strongly urges the Government to take the necessary measures to ensure that section 21 of the Labour Code of 2016 is amended in order to align this age to the one specified at the time of ratification, namely a minimum age of 16 years, and bring it into conformity with the provisions of the Convention. It further requests the Government to provide information on any progress made in this regard.

2. Scope of application and labour inspection. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside employment contracts. It further noted that the State Supervisory Service for Labour, Migration and Employment under the Ministry of Labour supervises and monitors compliance with labour legislation, including monitoring of child labour in the formal and informal economy as well as children working on a self-employed basis. The Committee requested the Government to provide information on the number of inspections carried out and the number of violations related to child labour detected by the State Supervisory Service in the informal economy.

The Committee notes an absence of information on this point in the Government’s report. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81), the Committee once again requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the State Supervisory Service to ensure appropriate monitoring of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under the age of 16 years who are working in the informal economy. It also once again requests the Government to provide information on the number of inspections conducted by the State Supervisory Service in the informal economy as well as on the number and nature of violations detected with regard to the employment of children in this sector, and on the penalties applied.

Article 3(2). Determination of types of hazardous work. With regard to the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Application of the Convention in practice. The Committee previously noted from the Working children in the Republic of Tajikistan: The results of the child labour survey 2012-2013 (CLS report), issued on 17 February 2016, conducted in cooperation with ILO–IPEC, that of the 2.2 million children aged between 5 to 17 years in Tajikistan, 522,000 (26.9 per cent) were working, with an employment prevalence rate of 10.7 per cent among 5 to 11 year-olds and 30.2 per cent among 12 to 14 year olds. About 82.8 per cent of working children were employed in the agricultural sector, 4.4 per cent in wholesale and retail trade, and 3 per cent in manufacturing and construction. Of the total number of working children, 21.7 per cent were involved in hazardous work, including in agriculture, fishery and related works, forestry and related works, construction and street work. The Committee also noted various activities undertaken by the Child Labour Monitoring Unit (CLMU) in combating child labour and that child labour monitoring committees had been established in the hukumats (local councils) of Kulob and Khorugh with the aim of eliminating child labour and to provide assistance to children working in these areas.

The Committee notes from the latest report provided by the Government on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) that with support from the ILO-IPEC, the national trade unions have carried out a number of activities aimed at the elimination of child labour, including various trainings for trade union labour inspectors, schoolteachers, children, and their parents. The Government also indicates that, under the programme “Trade union capacity building to tackle forced and child labour” for 2017-2018, the work on identification of cases of forced and child labour was carried out in 11 districts of the country. The results of the programme were discussed by representatives of trade unions, public organizations, and the ILO. In addition, a Trade Union Federation action plan for preventing and tackling forced labour was devised for the period 2019-2021 based on the outcome of the programme. The Government further indicates that the child labour monitoring committees carried out 10 monitoring exercises in the first half of 2020 at the central market in Rudaki and found three cases of child labour in which young people 14 to 16 years of age were being put to work for a wheelwright (“arobakash”). The Committee also notes from the 2019 ILO publication “Some best practices employed in the project “Combating Child Labour and Human Trafficking in Central Asia – Commitment Becomes Action” implemented in Tajikistan in 2017 and 2018” that the child labour monitoring committees were established in 12 administrative subdivisions covering all districts of the country.

The Committee however notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed serious concern that approximately a quarter of all children aged between 5 and 17 from families facing social and economic hardships are engaged in economic activity. The CRC further recommended to reinforce the capacity of the ministerial CLMU and the local level child monitoring committees (CRC/C/TJK/CO/3-5, paragraph 43). The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour, in particularly, in hazardous work, in the country. The Committee further requests the Government to provide information on the impact of the activities undertaken by the CLMU and the child labour monitoring committees in terms of the number of children identified, removed and assistance provided.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 3(2) of the Convention. Determination of types of hazardous work. The Committee previously noted that according to section 177 of the Labour Code of 1997, a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested that the Government indicate whether any regulations establishing such a list have been adopted.

The Committee notes with interest the Government’s statement that Government Decision No. 169 of 4 March 2014 sets out a list of hazardous and dangerous working conditions in which the employment of young persons under the age of 18 years is prohibited. It also establishes the maximum admissible weights that should be carried or lifted by young persons. The Committee requests that the Government provide a copy of the Government Decision No. 169 of 2014.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. The Committee requested that the Government provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

The Committee notes the Government’s statement that it is currently considering enacting a regulatory framework on this matter. The Committee requests that the Government take the necessary measures to regulate the participation of children under the minimum age in artistic performances in accordance with Article 8 of the Convention. The Committee also requests that the Government provide information on any progress made in this regard.

Labour inspectorate. Following its previous comments, the Committee notes the information provided by the Government in its report under Convention No. 182 regarding the activities undertaken by the Child Labour Monitoring Unit (CLMU) in combating child labour. According to this information, several seminars on child labour and its causes as well as public awareness-raising campaigns on the negative consequences of child labour, have been undertaken. More than 180 people took part in the seminars, including monitors, specialists from the Labour and Employment Agency, teachers, employers and representatives of the Ministry of Internal Affairs and hukumats (local councils). Awareness-raising campaigns on the rights of the child, ILO child labour Conventions, labour laws and opportunities for life skills and access to vocational training were provided to 180 children and parents. The Committee also notes the Government’s information that child labour monitoring committees were established in the hukumats of Kulob and Khorugh with the aim of eliminating child labour and to provide assistance to children working in these areas. Moreover, the Committee notes from the Government’s report under Convention No. 182, that in 2014, the State Supervisory Service conducted inspections in 530 entities and detected 2,076 infringements related to the employment of young persons. In this regard, 67 employers were fined with a total of 54,200 Tajikistani Somoni (TJS) (approximately US$7,497). The Committee requests that the Government continue providing information on the number of inspections conducted by the State Supervisory Service and violations detected with regard to the employment of children and young persons. It also requests that the Government provide information on the impact of the activities undertaken by the child labour monitoring committees in Kulob and Khorugh as well as the CLMU in terms of the number of children identified and removed from child labour and then provided with direct services.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. 1. Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan specified a minimum age of 16 years for admission to employment or work. The Committee, however, noted that while section 180 of the Labour Code of 1973 establishes a minimum age of 16 years, section 174 of the Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years. Recalling that by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention, the Committee urged the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

The Committee notes that a new Labour Code was adopted in July 2016. It notes with regret that, despite its reiterated comments for many years, Chapter 13, section 174 of the new Labour Code prohibits the employment of children under 15 years, which is lower than the minimum age of 16 years specified by the Government at the time of ratification. The Committee emphasizes that the objective of the Convention is to eliminate child labour and that it allows and encourages the raising of the minimum age but does not permit the lowering of the minimum age once specified. The Committee therefore strongly urges the Government to take the necessary measures to ensure that section 174 of the Labour Code of 2016 is amended in order to align this age to the one specified at the time of ratification, namely a minimum age of 16 years, and bring it into conformity with the provisions of the Convention. It requests that the Government provide information on any progress made in this regard.

2. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside employment contracts. It requested that the Government provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self-employed basis, benefit from the protection provided by the Convention.

The Committee notes the Government’s information in its report that the State Supervisory Service for Labour, Migration and Employment under the Ministry of Labour supervises and monitors compliance with labour legislation. The activities of the State Supervisory Service include monitoring of child labour in the formal and informal economy as well as children working on a self-employed basis. However, no information has been provided on the number of inspections carried out and the number of violations related to child labour detected by the State Supervisory Services in the informal economy. In this regard, the Committee notes from a report entitled ILO–IPEC contributions to eliminate the worst forms of child labour in Tajikistan, 2005–15 (ILO–IPEC Report, 2015) that children in Tajikistan work in almost all sectors of industry, as well as in cotton, tobacco and rice plantations and in various services such as car washing, shoe cleaning and transportation of carriages in the markets. The Committee therefore requests that the Government take the necessary measures to strengthen the capacity and expand the reach of the State Supervisory Services so as to ensure appropriate monitoring of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under the age of 16 years who are working in the informal economy. It also requests that the Government provide information on the number of inspections conducted by the State Supervisory Service in the informal economy as well as the number of violations detected with regard to the employment of children in this sector.

Application of the Convention in practice. Following its previous comments, the Committee notes from the Working children in the Republic of Tajikistan: The results of the child labour survey 2012-2013 (CLS report), issued on 17 February 2016, conducted in cooperation with ILO–IPEC, that of the 2.2 million children aged between 5 to 17 years in Tajikistan, 522,000 (26.9 per cent) are working, with an employment prevalence rate of 10.7 per cent among 5 to 11 year-olds and 30.2 per cent among 12 to 14 year olds. About 82.8 per cent of working children are employed in the agricultural sector, 4.4 per cent in wholesale and retail trade, and 3 per cent in manufacturing and construction. Of the total number of working children, 21.7 per cent are involved in hazardous work, including in agriculture, fishery and related works, forestry and related works, construction and street work. The CLS report also indicates that children more often combine schooling with unpaid household services and employment. However, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of March 2015, expressed concern at the large number of children, mostly from single-parent families and migrant worker families, who are involved in child labour, and that 13 per cent of them are working in dangerous conditions, while 10 per cent never attend school (E/C.12/TJK/CO/2-3, paragraph 24). The Committee must express its concern at the significant number of children working in the country, particularly in hazardous work. The Committee therefore strongly encourages the Government to strengthen its efforts to ensure the progressive elimination of child labour in the country. It requests that the Government provide information on the measures taken in this regard as well as the manner in which the Convention is applied in practice, including information on the number and nature of contraventions detected with regard to the employment of children below the minimum age as well as in hazardous work, and on the penalties applied.

Noting the Government’s intention to seek assistance from the ILO, the Committee encourages the Government to take the necessary measures to avail itself of ILO technical assistance, with a view to bringing its law and practice into conformity with the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(2) of the Convention. Determination of types of hazardous work. The Committee previously noted that according to section 177 of the Labour Code of 1997, a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested that the Government indicate whether any regulations establishing such a list have been adopted.

The Committee notes with interest the Government’s statement that Government Decision No. 169 of 4 March 2014 sets out a list of hazardous and dangerous working conditions in which the employment of young persons under the age of 18 years is prohibited. It also establishes the maximum admissible weights that should be carried or lifted by young persons. The Committee requests that the Government provide a copy of the Government Decision No. 169 of 2014.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. The Committee requested that the Government provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

The Committee notes the Government’s statement that it is currently considering enacting a regulatory framework on this matter. The Committee requests that the Government take the necessary measures to regulate the participation of children under the minimum age in artistic performances in accordance with Article 8 of the Convention. The Committee also requests that the Government provide information on any progress made in this regard.

Labour inspectorate. Following its previous comments, the Committee notes the information provided by the Government in its report under Convention No. 182 regarding the activities undertaken by the Child Labour Monitoring Unit (CLMU) in combating child labour. According to this information, several seminars on child labour and its causes as well as public awareness-raising campaigns on the negative consequences of child labour, have been undertaken. More than 180 people took part in the seminars, including monitors, specialists from the Labour and Employment Agency, teachers, employers and representatives of the Ministry of Internal Affairs and hukumats (local councils). Awareness-raising campaigns on the rights of the child, ILO child labour Conventions, labour laws and opportunities for life skills and access to vocational training were provided to 180 children and parents. The Committee also notes the Government’s information that child labour monitoring committees were established in the hukumats of Kulob and Khorugh with the aim of eliminating child labour and to provide assistance to children working in these areas. Moreover, the Committee notes from the Government’s report under Convention No. 182, that in 2014, the State Supervisory Service conducted inspections in 530 entities and detected 2,076 infringements related to the employment of young persons. In this regard, 67 employers were fined with a total of 54,200 Tajikistani Somoni (TJS) (approximately US$7,497). The Committee requests that the Government continue providing information on the number of inspections conducted by the State Supervisory Service and violations detected with regard to the employment of children and young persons. It also requests that the Government provide information on the impact of the activities undertaken by the child labour monitoring committees in Kulob and Khorugh as well as the CLMU in terms of the number of children identified and removed from child labour and then provided with direct services.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(1) of the Convention. 1. Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan specified a minimum age of 16 years for admission to employment or work. The Committee, however, noted that while section 180 of the Labour Code of 1973 establishes a minimum age of 16 years, section 174 of the Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years. Recalling that by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention, the Committee urged the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

The Committee notes that a new Labour Code was adopted in July 2016. It notes with regret that, despite its reiterated comments for many years, Chapter 13, section 174 of the new Labour Code prohibits the employment of children under 15 years, which is lower than the minimum age of 16 years specified by the Government at the time of ratification. The Committee emphasizes that the objective of the Convention is to eliminate child labour and that it allows and encourages the raising of the minimum age but does not permit the lowering of the minimum age once specified. The Committee therefore strongly urges the Government to take the necessary measures to ensure that section 174 of the Labour Code of 2016 is amended in order to align this age to the one specified at the time of ratification, namely a minimum age of 16 years, and bring it into conformity with the provisions of the Convention. It requests that the Government provide information on any progress made in this regard.

2. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside employment contracts. It requested that the Government provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self-employed basis, benefit from the protection provided by the Convention.

The Committee notes the Government’s information in its report that the State Supervisory Service for Labour, Migration and Employment under the Ministry of Labour supervises and monitors compliance with labour legislation. The activities of the State Supervisory Service include monitoring of child labour in the formal and informal economy as well as children working on a self-employed basis. However, no information has been provided on the number of inspections carried out and the number of violations related to child labour detected by the State Supervisory Services in the informal economy. In this regard, the Committee notes from a report entitled ILO–IPEC contributions to eliminate the worst forms of child labour in Tajikistan, 2005–15 (ILO–IPEC Report, 2015) that children in Tajikistan work in almost all sectors of industry, as well as in cotton, tobacco and rice plantations and in various services such as car washing, shoe cleaning and transportation of carriages in the markets. The Committee therefore requests that the Government take the necessary measures to strengthen the capacity and expand the reach of the State Supervisory Services so as to ensure appropriate monitoring of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under the age of 16 years who are working in the informal economy. It also requests that the Government provide information on the number of inspections conducted by the State Supervisory Service in the informal economy as well as the number of violations detected with regard to the employment of children in this sector.

Application of the Convention in practice. Following its previous comments, the Committee notes from the Working children in the Republic of Tajikistan: The results of the child labour survey 2012-2013 (CLS report), issued on 17 February 2016, conducted in cooperation with ILO–IPEC, that of the 2.2 million children aged between 5 to 17 years in Tajikistan, 522,000 (26.9 per cent) are working, with an employment prevalence rate of 10.7 per cent among 5 to 11 year-olds and 30.2 per cent among 12 to 14 year olds. About 82.8 per cent of working children are employed in the agricultural sector, 4.4 per cent in wholesale and retail trade, and 3 per cent in manufacturing and construction. Of the total number of working children, 21.7 per cent are involved in hazardous work, including in agriculture, fishery and related works, forestry and related works, construction and street work. The CLS report also indicates that children more often combine schooling with unpaid household services and employment. However, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of March 2015, expressed concern at the large number of children, mostly from single-parent families and migrant worker families, who are involved in child labour, and that 13 per cent of them are working in dangerous conditions, while 10 per cent never attend school (E/C.12/TJK/CO/2-3, paragraph 24). The Committee must express its concern at the significant number of children working in the country, particularly in hazardous work. The Committee therefore strongly encourages the Government to strengthen its efforts to ensure the progressive elimination of child labour in the country. It requests that the Government provide information on the measures taken in this regard as well as the manner in which the Convention is applied in practice, including information on the number and nature of contraventions detected with regard to the employment of children below the minimum age as well as in hazardous work, and on the penalties applied.

Noting the Government’s intention to seek assistance from the ILO, the Committee encourages the Government to take the necessary measures to avail itself of ILO technical assistance, with a view to bringing its law and practice into conformity with the Convention.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 comments.

Repetition

Article 2(1) of the Convention. 1. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside labour contracts. The Government indicated that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also indicated that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requested the Government to indicate whether section 174 is intended to cover all forms of employment or work, including work outside a labour contract.

The Committee noted that the Government’s report does not provide any information on this point. Recalling that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self employed basis, benefit from the protection provided by the Convention.

2. Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the Labour Code of 1973 which fixed the minimum age of 16 years. The Committee recalled that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminded the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. Noting the absence of information on this point in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the national legislation prohibits the work of children under the minimum age for admission to employment or work specified upon ratification (16 years), with the exception of light work which may be authorized for children between the ages of 13 and 16 in accordance with Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that according to the Labour Code of 1997, it is prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals (article 177). Overtime work and night work are also prohibited for persons under 18 (article 181). The Committee also noted that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested the Government to indicate whether any regulations establishing such a list have been adopted.

The Committee noted that the Government’s report refers to the adoption on 30 December 2010 of Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations”. The Committee requests the Government to indicate whether this list establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy thereof with its next report. If not, it requests the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future.

Article 8. Artistic performances. Following its previous comments, the Committee noted the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. It noted however that the Government does not indicate how the participation of children in artistic performances is regulated in national legislation. The Committee once again recalled that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. It reminded the Government that such permits thus granted must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

Labour inspectorate. In its previous comments, the Committee noted that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee noted that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004”, child labour inspections are neglected due to the general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee noted that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009 that would focus on monitoring, identifying and removing children from child labour and its worst forms, and refer them to services and ensure that they have a satisfactory alternative to child labour.

The Committee noted that the Government’s report does not provide any information on this point. The Committee once again requests the Government to provide information on any impact of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to provide information on the measures taken or envisaged to adapt and strengthen the labour inspection services in the informal sector.

Application of the Convention in practice. Following its previous comments, the Committee noted the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that according to the data of the survey of the living standards in 2009, 10.6 per cent of children in rural areas and 8 per cent of children in urban areas were working. It noted that the Committee on the Rights of the Child has expressed deep concern, in its concluding observations of 29 January 2010 (CRC/C/TJK/CO/2, paragraph 66), over the continuous high prevalence of child labour in the informal sector, unskilled work in the service sector and in agriculture, especially in the cotton fields. The Committee requests the Government to provide more detailed information on the manner in which the Convention is applied in practice, including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

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

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:

Repetition

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside labour contracts. The Government indicated that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also indicated that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requested the Government to indicate whether section 174 is intended to cover all forms of employment or work, including work outside a labour contract.

The Committee noted that the Government’s report does not provide any information on this point. Recalling that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self employed basis, benefit from the protection provided by the Convention.

Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the Labour Code of 1973 which fixed the minimum age of 16 years. The Committee recalled that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminded the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. Noting the absence of information on this point in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the national legislation prohibits the work of children under the minimum age for admission to employment or work specified upon ratification (16 years), with the exception of light work which may be authorized for children between the ages of 13 and 16 in accordance with Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that according to the Labour Code of 1997, it is prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals (article 177). Overtime work and night work are also prohibited for persons under 18 (article 181). The Committee also noted that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested the Government to indicate whether any regulations establishing such a list have been adopted.

The Committee noted that the Government’s report refers to the adoption on 30 December 2010 of Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations”. The Committee requests the Government to indicate whether this list establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy thereof with its next report. If not, it requests the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future.

Article 8. Artistic performances. Following its previous comments, the Committee noted the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. It noted however that the Government does not indicate how the participation of children in artistic performances is regulated in national legislation. The Committee once again recalled that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. It reminded the Government that such permits thus granted must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee noted that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee noted that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004”, child labour inspections are neglected due to the general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee noted that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009 that would focus on monitoring, identifying and removing children from child labour and its worst forms, and refer them to services and ensure that they have a satisfactory alternative to child labour.

The Committee noted that the Government’s report does not provide any information on this point. The Committee once again requests the Government to provide information on any impact of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to provide information on the measures taken or envisaged to adapt and strengthen the labour inspection services in the informal sector.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee noted the information in the Government’s report submitted under Worst Forms of Child Labour Convention, 1999 (No. 182), that according to the data of the survey of the living standards in 2009, 10.6 per cent of children in rural areas and 8 per cent of children in urban areas were working. It noted that the Committee on the Rights of the Child has expressed deep concern, in its concluding observations of 29 January 2010 (CRC/C/TJK/CO/2, paragraph 66), over the continuous high prevalence of child labour in the informal sector, unskilled work in the service sector and in agriculture, especially in the cotton fields. The Committee requests the Government to provide more detailed information on the manner in which the Convention is applied in practice, including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

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

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code does not seem to apply to work done outside labour contracts. The Government indicated that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also indicated that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requested the Government to indicate whether section 174 is intended to cover all forms of employment or work, including work outside a labour contract.

The Committee notes that the Government’s report does not provide any information on this point. Recalling that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children working outside of a formal labour relationship, such as children working in the informal sector or on a self employed basis, benefit from the protection provided by the Convention.

Minimum age for admission to employment or work. The Committee previously noted that, at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code of 15 May 1997 only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the Labour Code of 1973 which fixed the minimum age of 16 years. The Committee recalled that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminded the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. Noting the absence of information on this point in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the national legislation prohibits the work of children under the minimum age for admission to employment or work specified upon ratification (16 years), with the exception of light work which may be authorized for children between the ages of 13 and 16 in accordance with Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that according to the Labour Code of 1997, it is prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals (article 177). Overtime work and night work are also prohibited for persons under 18 (article 181). The Committee also noted that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. It requested the Government to indicate whether any regulations establishing such a list have been adopted.

The Committee notes that the Government’s report refers to the adoption on 30 December 2010 of Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations”. The Committee request the Government to indicate whether this list establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy thereof with its next report. If not, it requests the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s indication that children are permitted to take part in artistic performances under the general minimum age for admission to employment or work. It notes however, that the Government does not indicate how the participation of children in artistic performances is regulated in national legislation. The Committee once again recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. It reminds the Government that such permits thus granted must limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on the measures taken or envisaged for the granting of permits as well as the conditions subject to which permits are granted for children participating in artistic performances.

Part III of the report form. Labour inspectorate. In its previous comments, the Committee noted that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee noted that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004”, child labour inspections are neglected due to the general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee noted that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009 that would focus on monitoring, identifying and removing children from child labour and its worst forms, and refer them to services and ensure that they have a satisfactory alternative to child labour.

The Committee notes that the Government’s report does not provide any information on this point. The Committee once again requests the Government to provide information on any impact of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to provide information on the measures taken or envisaged to adapt and strengthen the labour inspection services in the informal sector.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information in the Government’s report submitted under Worst Forms of Child Labour Convention, 1999 (No. 182), that according to the data of the survey of the living standards in 2009, 10.6 per cent of children in rural areas and 8 per cent of children in urban areas were working. It notes that the Committee on the Rights of the Child has expressed deep concern, in its concluding observations of 29 January 2010 (CRC/C/TJK/CO/2, paragraph 66), over the continuous high prevalence of child labour in the informal sector, unskilled work in the service sector and in agriculture, especially in the cotton fields. The Committee requests the Government to provide more detailed information on the manner in which the Convention is applied in practice, including statistical data disaggregated by sex and age on the nature, extent and trends in child labour and extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Labour Code does not apply to work done outside labour contracts. It had therefore requested the Government to indicate whether there exists any provision in the Labour Code which applies to work done by children outside a labour contract, such as self-employment. The Committee notes the Government’s indication that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also notes that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requests the Government to indicate whether section 174 of the Labour Code is intended to cover all forms of employment or work, including work outside a labour contract.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to a report entitled “Tajikistan – Early childhood care and education programmes” prepared by the UNESCO International Bureau of Education, 2006, compulsory education in Tajikistan starts at the age of 7 and is completed at the age of 15 years. The Committee further notes that a baseline survey conducted by the International Organization for Migration, November 2004, indicated that there has been an increase in the number of working children and hence the number of children not attending school has also increased. According to a study conducted by the Ministry of Education with the support of UNICEF and UNESCO in 2002, 13.7 per cent of the surveyed children of elementary school age and 11.7 per cent of the surveyed children of secondary school age did not attend any school. In a report by UNICEF in 2007 entitled “Child poverty in Tajikistan”, it has been indicated that, according to the 2005 estimates of the Multiple Indicator Cluster Survey (MICS), around 200,000 children aged 5–14 were engaged in some form of child labour and 65,000 children aged 5–14 were engaged in paid work, out of which 10 per cent of children did not attend any school. The Committee observes that poverty is one of the main reasons for child labour, and that this, combined with an inefficient education system, impedes child development. The Committee considers that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit of compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore requests the Government to take the necessary measures to set the age of completion of compulsory schooling at 16 years, without delay. The Committee further requests the Government to take the necessary measures to improve the education system, in particular by increasing school enrolment and attendance rates and reducing school drop-out rates among children under 16 years of age at the primary as well as the secondary level. It requests the Government to provide updated statistical information on school attendance and school drop-out rates.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 177 of the Labour Code of 1997, it shall be prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals. Section 181 further prohibits overtime work and night work for persons under 18 years of age. The Committee also notes that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. The Committee requests the Government to indicate whether any regulations establishing a list of types of hazardous work prohibited to young persons under 18 years, as well as the maximum admissible weights for such persons, have been adopted pursuant to section 177 of the Labour Code of 1997.

Article 6. Apprenticeship. The Committee notes the Government’s indication that section 174 of the Labour Code allows the conclusion of a labour contract with children of 14 years of age who are students of vocational training schools or special secondary educational establishments.

Article 7, paragraphs 1 and 3. Light work and determination of these types of activities. The Committee notes the Government’s statement that, according to section 174 of the Labour Code of 1997, persons of 14 years of age may, with the consent of their parents or guardian, be employed in light work which is not likely to harm their health and safety, or jeopardize their attendance at school. It also notes that, by virtue of section 178 of the Labour Code of 1997, the working hours for persons between 14 and 15 years shall not exceed 24 hours per week.

Article 8. Artistic performances. The Committee notes that the Government has not provided any information on the exceptions to the minimum age with regard to artistic performances by children under 16 years of age. The Committee reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe conditions in which, such employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Part III of the report form. Labour inspectorate. The Committee notes that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee notes that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004” (page 33), child labour inspections are neglected due to general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee also notes the information from the above report that a significant number of children assist their parents in the cotton fields during all seasons and stages of cultivation and harvest. Furthermore, the practice of having children work in the cotton fields by the educational establishments exists in Tajikistan. It has been estimated that children pick about a fourth of the cotton produced in Tajikistan. The Committee finally notes that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009. This unit will focus on monitoring, identifying and removing children from child labour and its worst forms and refer them to services and thereafter ensure that they have a satisfactory alternative to child labour. The Committee requests the Government to provide information on any impact of the recent adoption of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector.

Part V of the report form. Application of the Convention in practice. The Committee 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 reports, information on the number and nature of contraventions reported and on the sanctions applied.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted, that at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the previous Labour Code of 1973 which fixed the minimum age of 16 years. The Committee notes the Government’s indication that, in accordance with sections 27 and 174 of the Labour Code of 1997, the conclusion of a labour contract and admission to employment or work is allowed only with respect to persons of not less than 15 years of age. Section 174 further permits the employment of children of 14 years of age with the consent of their parents or guardian, in light work provided that such employment is not dangerous or harmful to their health or is not prejudicial to attendance at school. The Committee recalls that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminds the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. The Committee therefore once again requests the Government to take immediate measures, pursuant to its declaration under Article 2 of the Convention, to fix the minimum age for employment or work at 16 years, with the exception of light work.

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

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

The Committee notes with regret 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 recalled that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It again asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3, and Article 6. The Government is once again requested to provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee again requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It again asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of minors under the executive authorities are responsible for the observance of the provisions of this Convention. It again requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

Part V of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

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

The Committee notes with regret that, for the seventh consecutive year, the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalled that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalled that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalled that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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 recalled that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It again asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3, and Article 6. The Government is once again requested to provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee again requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It again asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of minors under the executive authorities are responsible for the observance of the provisions of this Convention. It again requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

Part V of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

 

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that, for the sixth consecutive year, the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalled that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalled that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalled that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret 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 recalled that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It again asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3, and Article 6. The Government is once again requested to provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee again requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It again asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of minors under the executive authorities are responsible for the observance of the provisions of this Convention. It again requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

Part V of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

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

The Committee notes with regret that, for the fifth consecutive year, the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalled that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalled that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalled that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret 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 recalled that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It again asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3, and Article 6. The Government is once again requested to provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee again requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It again asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of minors under the executive authorities are responsible for the observance of the provisions of this Convention. It again requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

Part V of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

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

The Committee notes with regret that for the fourth consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalled that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalled that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalled that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee again asked the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret 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 following matters raised in its previous direct request:

With reference to its observation, the Committee requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. The Committee recalled that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It again asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3, and Article 6. Please provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee again requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at the general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It again asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of the minors under the executive authorities are responsible for the observance of the provisions of this Convention. It again requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

  Partt V of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

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

The Committee notes with regret that, for the third consecutive year, the Government’s report has not been received. It is therefore bound to repeat its previous observations:

The Committee recalled that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalled that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalled that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret 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 following matters raised in its previous direct request:

With reference to its observation, the Committee requests the Government to supply further information on the following points.

  Article 2, paragraph 1, of the Convention. The Committee recalls that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

  Article 2, paragraph 3, and Article 6. Please provide a copy of the Act on Education of 27 December 1991.

  Article 3, paragraph 2. The Committee requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

  Articles 7 and 8. The Committee noted that section 174 of the Labour Code allows the employment of the persons studying at the general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

  Part III of the report form. The Committee noted the indication of the Government that the commissions on the issues of the minors under the executive authorities are responsible for the observance of the provisions of this Convention. It requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

  Part V of the report form. The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following matters:

The Committee recalls that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It noted, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalls that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalls that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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:

With reference to its observation, the Committee requests the Government to supply further information on the following points.

  Article 2, paragraph 1, of the Convention.  The Committee recalls that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

  Article 2, paragraph 3, and Article 6.  Please provide a copy of the Act on Education of 27 December 1991.

  Article 3, paragraph 2.  The Committee requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

  Articles 7 and 8.  The Committee notes that section 174 of the Labour Code allows the employment of the persons studying at the general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

  Part III of the report form.  The Committee notes the indication of the Government that the commissions on the issues of the minors under the executive authorities are responsible for the observance of the provisions of this Convention. It requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

  Part V of the report form.  The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee recalls that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It notes, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalls that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalls that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its observation, the Committee requests the Government to supply further information on the following points.

Article 2, paragraph 1. The Committee recalls that the Convention applies to any work regardless of the existence of employment relationship, including self-employment. It asks the Government to state whether the Labour Code applies to such work done outside employment contracts, and, if not, to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

Article 2, paragraph 3 and Article 6. Please provide a copy of the Act on Education of 27 December 1991.

Article 3, paragraph 2. The Committee requests the Government to indicate measures taken to specify the types of activities prohibited for young persons under the age of 18 as harmful work under section 177(3) of the Labour Code, and to send a copy of any relevant regulations.

Articles 7 and 8. The Committee notes that section 174 of the Labour Code allows the employment of the persons studying at the general school, technical school, or special school for the purpose of preparing for industrial work, if they have reached at least 14 years, and provided that the work is light and done during free time, and does not affect their health and school attendance. It asks the Government to supply information on the practical application of this exception, including the list of work considered as light work and working conditions.

Point III of the report form. The Committee notes the indication of the Government that the commissions on the issues of the minors under the executive authorities are responsible for the observance of the provisions of the Convention. It requests the Government to supply further information on these commissions, for example, the composition, the mandates, their relationship with the labour inspectorate.

Point V of the report form. The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee recalls that the minimum age of 16 years for admission to employment or work was specified under Article 2, paragraph 1, of the Convention as regards Tajikistan. It notes, however, that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 in contrast to the previous Code which fixed the minimum age of 16 years. The Committee recalls that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise the minimum age as provided by Articles 1 and 2(2). It also recalls that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age on only light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by children under 16 years of age, must be prohibited. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.