CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Kyrgyzstan (RATIFICATION: 1992)

Other comments on C138

Observation

Direct Request

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Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours.

The Committee notes the Government’s indication in its report that basic vocational training is provided after completion of a basic general or secondary general education, usually at 15 years of age. It further indicates that the system of basic vocational training comprises 98 educational institutions: 91 vocational lycées, six colleges attached to institutions of the State Penal Service, and one industrial pedagogical college. The Government also indicates the 2018–2020 Action Plan to Implement Kyrgyzstan’s Education Development Strategy for 2012–2020 which is aimed at improving the quality of vocational training. The Committee observes from the Law on basic vocational education of 26 November 1999 that apprenticeships are a mandatory part of vocational training, which must be carried out in organizations according to the type of a training program (section 35). In addition, the State educational standard for basic vocational training of 2018 sets out the requirements for vocational training programs, in particular, its structure, duration and maximal amount of academic load, including for apprenticeships. The Committee further observes that according to the Regulations on the students’ apprenticeships at intermediate vocational training institutions of 2012, students during their practice as trainees are covered by the labour legislation of Kyrgyzstan.

Article 8. Artistic performances. The Committee noted that section 297 of the Labour Code prohibits overtime work and work on rest days or non-working days by workers under the age of 18 years, with the exception of creative work in the mass information media, cinematographic organizations, theatres, concerts, circuses and sports. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children in activities such as artistic performances. Permits so granted must place limits on the number of working hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee notes the absence of information in the Government’s report on this point and once again requests the Government to provide information on the system of granting individual permits for children participating in artistic performances, the working conditions established, and the number of hours for which such work is authorized.

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9 (1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention.

The Committee notes the Government’s information that the new Criminal Code and the Code of Contraventions entered into force on 1 January 2019. The Committee notes that section 57 of the Code of Contraventions sets out fines for violations of regulations on the engagement of young persons in certain types of work, including night work, overtime work, and hazardous work. The Committee requests the Government to provide information on the number and nature of penalties imposed under section 446 of the Labour Code, including financial penalties actually collected, and on the application of section 57 of the Code of Contraventions in practice, including the number and nature of violations and the penalties imposed with respect to the employment of children.

Article 9(3). Keeping of registers. The Committee previously noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age.

The Committee notes the Government’s statement that there is no such practice of keeping of registers in Kyrgyzstan at present. The Government further indicates that this issue will be considered by a tripartite national commission. The Committee urges the Government to take the necessary measures to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ, in conformity with the requirements of the Convention. It requests the Government to provide information on the outcome of the consideration by the tripartite national commission and on any progress made in this regard.