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

Other comments on C138

Observation

2023

Direct Request

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The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received on 17 August 2022.

Article 2(1) of the Convention. Scope of application and labour inspection. Children working in the informal economy and self-employed children. The Committee notes the Government’s indication, in its report, that labour inspections concerning 26 employees under the age of 18 were carried out in 2021. In total, 31 violations of the national legislation in relation to work of young persons under 18 years were detected. This included, amongst others, violations of sections 46(3) (employment of persons under 15 years of age); 71 (use of undeclared work); and 253(1) (employment of young persons under 18 years without conducting a medical examination) of the Labour Code. The Government also indicates that labour inspectors submitted four contravention minutes to the courts which led to the adoption of three court decisions sanctioning the employers with fines.

The Committee recalls that in its detailed comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it noted the decrease in the number of inspections carried out by the State Labour Inspectorate, including in agriculture, and of workers covered by inspection controls as well as the restrictions on the undertaking of labour inspections. While noting certain measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure that the protection afforded by the Convention is guaranteed to all children working outside a formal employment relationship, such as self-employed children or children in the informal economy. In this regard, the Committee encourages the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working both in the formal and in the informal economy, particularly in the agricultural sector. It further requests the Government to continue to provide information on the activities carried out by the State Labour Inspectorate in relation to child labour, including the number of labour inspections carried out, the number and nature of cases detected, and any follow-up measures taken.

Minimum age for admission to employment or work. The Committee notes the Government’s indication that section 46(3) of the Labour Code, which allows children 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, is in line with Article 2(3) of the Convention which sets out a minimum age for admission to employment or work of not less than 15 years.

The Committee recalls once again that as per Article 2(1) of the Convention, a Member state which ratifies the Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work. The Committee further recalls that, upon ratifying the Convention, the Government declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2(1) of the Convention, children under that age may not be admitted to work except in light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee also notes that the CNSM, in its observations, indicates that the provisions of section 46(3) of the Labour Code should be adjusted, in accordance with the requirements of the Convention. The Committee urges the Government to take the necessary measures, without further 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, except for light work. The Committee 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 of 1994. The Committee notes with regret the absence of information in the Government’s report concerning its previous request 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 to 16 years of age. The Committee also takes note of the CNSM’s observations pointing out the importance of the adoption of such a list.

The Committee recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to determine the types of light work activities that may be undertaken by children from 14 to 16 years of age, as well as the number of hours and the conditions in which such light work may be undertaken. It asks the Government to provide information on the progress made in this regard in its next report.