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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. Following its previous comments, the Committee notes the Government’s information that, in light of the delays incurred in the ongoing revision of the labour legislation of Ukraine, the current Labour Code of 1971 continues to be in force. As previously noted by the Committee, section 188(3) of the Labour Code allows the employment of students from secondary school or technical educational to perform light work from the age of 14. However, neither the Labour Code nor other legislation define the term light work or provide for a list of types of light work activities allowed. The Committee further observes that the latest draft-law on labour of 2022, on which the Office provided comments in 2023, includes a provision according to which a person between 14 and 16 years of age may work, if this does not harm his/her health, safety, learning process, physical, spiritual and moral development (section 14(3)), and only with the permission of the guardianship authority.

The Committee once again recalls that, pursuant to Article 7(3) of the Convention, the competent authority shall determine light work activities and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore once again requests the Government to take the measures to ensure that the types of light work activities which may be performed by children from the age of 14 years are determined by law or regulation, in the framework of the ongoing revision of the Labour Code.

Article 8. Artistic performances. The Committee previously noted that the Government was attempting to regulate the labour conditions of children and young persons admitted to employment in the cinema, theatre and concerts. It had taken note of certain sections in the previous versions of draft-laws on labour that permitted the employment of children under the age of 14, but did not adequately establish their working hours. The Committee observes, however, that the latest draft-law on labour of 2022 does not contain provisions regulating the employment of children in artistic performances.

The Committee once again reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and that these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether it is envisaged, in the framework of the revision of the Labour Code, to regulate the employment of children under the age of 16 in artistic performances. If so, it requests the Government to ensure that such work be permitted only under the terms of Article 8 of the Convention.