CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Ukraine (RATIFICATION: 1979)

Other comments on C138

Observation

Direct Request

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Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 124(3) of the draft Labour Code defined light work as work that poses no danger to health, life, physical or psychological development of a child and does not interfere with his/her education. It noted that that section further indicated that the list of types of light work shall be issued by the central government authority.

The Committee notes that the Government, in response to its request, does not report on any concrete developments as regards the determination of light work by the competent authority, but refers to ongoing work as regard the draft Labour Code. The Committee notes that a similar provision to the one in the previous draft Labour Code referred to above, is now provided for in the section 19(4) of the current draft Labour Code. The Committee once again requests the Government to indicate the measures taken or envisaged to determine light work activities which may be performed by children from the age of 14 years, pursuant to the abovementioned provision in the draft Labour Code.

Article 8. Artistic performances. In its previous comments, the Committee noted that pursuant to section 20(5) of the draft Labour Code, children under the age of 14 years shall be allowed, by a written consent of either parents or guardians, to participate in activities pertaining to cinematography, theatre, concerts and shows and other creative organizations or other pieces of art that are not harmful to their health, moral development and training, provided that the permission for such employment is granted by the children’s authority and that the working conditions and remuneration are agreed upon by the authority. The Committee further noted that although section 131 of the draft Labour Code prescribed the working hours for children of 14 years and above, it did not establish the working hours for children under 14 years for artistic performances.

The Committee notes that the Government does not provide a reply in relation to this specific point. It further notes that, sections 19(5) and 141(2) of the current draft Labour Code on the website of the Parliament, have identical content to the sections 20(5) and 131 of the previous draft Labour Code cited above. The Committee once again requests the Government to indicate whether permission for artistic performances by children under the age of 14 years is granted by the children’s authority on the basis of individual permits and whether such permits also limit the number of hours for such authorized work, in conformity with Article 8 of the Convention.