CMNT_TITLE

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

Other comments on C138

Observation

2013

Direct Request

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

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

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

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

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