Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Macédoine du Nord (Ratification: 1991)

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

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

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

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

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

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

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