CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Kazakhstan (RATIFICATION: 2001)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy on the effective elimination of child labour. The Committee previously noted that the Government was taking several measures to address child labour issues, as a follow-up to the Working Plan to Eliminate Child Labour in Kazakhstan of 2005–08.

The Committee notes the Government’s statement that the Ministry of Labour and Social Welfare is carrying out a nationwide campaign against child labour. The Government indicates that this campaign includes regional roundtables with the participation of social partners, as well as awareness-raising activities. The Committee also notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that in 2011, a national public awareness campaign was carried out in the first 12 days of June entitled “Twelve days of combating the exploitation of child labour”. The Government indicates in this report that during the “Road to school” campaign, held in 2010 and 2011 to encourage children to enrol in school, 150 children from poor families were provided with school materials. Moreover, the Government indicates that in June 2011, a seminar was held in Almaty on the role of trade unions in the elimination of child labour. The Committee encourages the Government to pursue and strengthen its efforts, through the nationwide campaign against child labour, towards the effective elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

Article 2(1). Scope of application. Children working in the informal economy. In its previous comments, the Committee noted that, by virtue of sections 9(2) and 1(59), the Labour Code of 2007 (and its provisions regulating the minimum age for admission to work) applies only to persons working within the context of an employment relationship. The Committee also noted the Government’s indication that the agricultural sector and the informal economy remain the principal sectors in which child labour exists.

The Committee notes the Government’s indication that investigations of cases of child labour revealed child labour in several sectors, including activities in the informal economy such as work in city markets and in car washes. In this regard, the Committee once again recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not. The Committee therefore requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities, including those working outside an employment relationship and in the informal economy. In this regard, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that the terms and conditions for the vocational training that students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well-Being of the Population of 4 December 2002. The Government also indicated that the length and content of work experience is determined by work training plans and programmes, in accordance with the requirement of approved state educational standards. The Committee also noted that pursuant to Decree of the President No. 626 of 2008 on the state programme for the development of technical and vocational training, the minimum age for admission to the vocational education system is 15 years. Noting an absence of information on this point, the Committee once again requests the Government to clarify if the minimum age of 15 years for admission to the vocational education system (pursuant to the Decree of the President No. 626) also applies for admission to apprenticeships.

Article 7(3). Determination of light work. The Committee previously noted that, pursuant to section 179 of the Labour Code, the employment of minors of 14 years and above is permitted during their spare time, with the consent of one parent, guardian or trustee, if this work does not harm their health or interrupt their studies. The Labour Code also provides that workers aged from 14 to 16 shall not work more than 24 hours a week. In addition, the Committee noted the Government’s indication that section 16.2 of Law No. 345–II of 8 August 2002 on the rights of the child provides that children aged 14 years are entitled to perform socially useful work which does not harm their health, development and moral and psychological state, and for which they are trained. In this regard, the Committee reminded the Government that, under Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the information in the Government’s report submitted under Convention No. 182 that, as part of an ILO–IPEC project, a list of forms of light work for children aged between 14 and 16 was developed. The Government indicates that this draft list is currently under consideration by the Ministry of Labour and Social Welfare. The Committee requests the Government to take the necessary measures to ensure the review and adoption of the list of types of light work permitted to persons between 14 and 16 years of age in the near future. It requests the Government to provide a copy of this list, once adopted.

Article 9(3). Registers of employment. The Committee previously noted the Government’s statement that, in concluding an employment contract, the employer has the right to require the presentation of an identity card and, for persons under the age of 16, a birth certificate. The Government indicated that the employee’s age (and other information) is kept in an employee’s personnel workbook, issued by the employer’s personnel department. However, the Committee observed that the Government’s report did not indicate if every employer is required to keep such a workbook, or if the employer is obligated to record the age of all employees.

Noting an absence of information on this point in the Government’s report, the Committee recalls that, pursuant to Article 9(3) of the Convention, registers shall be kept and made available by the employer which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom she/he employs or who work for her/him and who are less than 18 years of age. The Committee once again requests the Government to indicate whether the keeping of personnel workbooks (containing the age of employees under the age of 18) is mandatory, and if these workbooks are made available to labour inspectors. If not, the Committee requests the Government to indicate the measures taken to ensure that the required registers are maintained, in conformity with Article 9 of the Convention.

[The Government is asked to report in detail in 2013.]