CMNT_TITLE

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

Other comments on C138

Observation

Direct Request

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Article 8 of the Convention. Artistic performances. The Committee notes the information provided by the Government in its report that according to sections 95, 97, and 114 of the Labour Code, the duration of daily work (shift), night work and work on rest days or non-working days for creative workers engaged in cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses and mass media, may be determined in accordance with other laws and regulations, collective agreements or employment contracts. The Committee recalls that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children under the minimum age for admission to employment or work (16 years) in 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 reiterates its request to the Government to indicate whether the system of granting individual permits for children participating in artistic performances under the age of 16 years is in place and to provide information on whether such permits limit the number of working hours and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate how many children under the age of 16 years are engaged incinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses and mass media.

Article 9(1). Penalties. The Committee notes the Government’s indication that section 87 of the Code of Contraventions of 28 October 2021, No. 128, sets out fines for violations of the labour legislation, including requirements for the engagement of persons in night work, overtime work and hazardous work. The Committee requests the Government to indicate any legislative provisions stipulating penalties for violations of the prohibition on the admission to employment or work of children under 16 years, as well as to specify the types of penalties established. The Committee also requests the Government to provide information on the number and nature of violations and the penalties imposed with respect to the employment of children under section 87 of the Code of Contraventions.