CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Republic of Moldova (RATIFICATION: 1999)

Other comments on C138

Observation

2023

Direct Request

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Article 2(1) of the Convention. 1. Scope of application. Children working in the informal economy and self-employed children. The Committee previously noted that section 46 of the Labour Code, which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. In this regard, it noted the various measures taken by the Government to protect children working in the informal economy, such as: (i) the establishment of the Child Labour Monitoring Unit (CLMU) of the labour inspectorate which had been effectively monitoring the illegal employment of children through inspection visits to enterprises, as well as to private and individual employers and entities; (ii) the establishment of a working group pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children; (iii) carrying out a national campaign on labour inspection in agriculture, as well as in the construction sector to prevent and combat the illegal employment of children; (iv) introducing the knowledge of labour law and other child labour-related issues in the school curriculum; and (v) carrying out awareness-raising programmes and meetings of teachers and parents on the importance of education and the risks of involving children in work. The Committee also noted the Government’s statement that the National Steering Committee on the Elimination of Child Labour together with the CLMU, decided that children shall not be involved in autumn agricultural work as it affects the educational process. However, noting that, according to the Children’s Activities Survey of 2010, the majority of employed children between 5 and 17 years (95.3 per cent) work as unpaid family workers, the Committee requested the Government to redouble its efforts to ensure that children working in the informal economy, including in unpaid family work, enjoy the protection afforded by the Convention.

The Committee notes the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. However, due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presents certain difficulties. The Government’s report also indicates that efforts are being undertaken at orienting and bringing workers from the informal economy, including minors, into the legal framework. In this regard, the Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, introduced administrative sanctions for the use of undeclared work, including by children. This, according to the Government, will have a positive impact on child labour in the informal economy. The Committee also notes the Government’s indication that according to Government Decision No. 788 of 2013, the staff of the labour inspectorate was increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further notes from the Government’s report that according to the data provided by the CLMU, in 2014, 142 children and young persons under the age of 18 years were identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works. Finally, the Committee notes the Government’s indication that following the inspections carried out in peasant households from 2012 to 2015, 20 minors, including 12 children aged up to 15 years, were found working who were subsequently withdrawn. The Committee requests the Government to pursue its efforts, including through strengthening the labour inspection services to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or on an unpaid basis in family enterprises or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act.

The Committee notes the absence of information in the Government’s report on this point. The Committee therefore requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 years of age.