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

Other comments on C138

Observation

Direct Request

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The Committee takes note of the Government’s information, in its report, that following the resignation of the Government in March 2020, the draft-law on labour No. 2708 that was submitted to the Verhkovna Rada of Ukraine in November 2019 was automatically revoked. The Committee is aware that the new Government in office has prepared another draft-law on labour in 2022, which has received technical comments from the Office; however, it appears that the Cabinet of Ministers may propose another draft project in 2024. According to the Government, therefore, the current Labour Code of Ukraine of 1971 continues to be in force. The Committee expresses the firm hope that the revised Labour Code will be adopted in the near future and requests the Government to take the necessary measures to ensure that its comments are taken into consideration in the framework of this ongoing legislative review.

Article 2(1) of the Convention. Scope of application and labour inspection. The Committee previously took note of the 2019 conclusions of the European Committee of Social Rights, under the European Social Charter, that in view of the available statistics of that Committee on the number of children aged 5 to 14 years involved in child labour or hazardous work, the prohibition of employment under the age of 15 was not guaranteed in practice. The Committee also took note of the restrictions and limitations on labour inspections (by virtue of Act No. 877-V of 2007) and requested information on the activities undertaken by the labour inspection services regarding child labour. The Committee notes with regret the lack of information in the Government’s report on this issue. The Committee once again requests the Government to take all necessary measures to ensure that effective labour inspections in the area of child labour are conducted in practice. It requests the Government to provide concrete information on the activities undertaken by the labour inspection services in this respect, including the number of labour inspections carried out, the number and nature of cases detected, the number of penalties imposed and any other follow-up measures taken.

Regarding the restrictions and limitations on labour inspections imposed by Act No. 877-V of 2007, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Minimum age for admission to employment or work. The Committee recalls that under section 188(2) of the Labour Code, children of 15 years of age are exceptionally authorized to work with the consent of their parents or guardians. Section 188(2) of the Labour Code therefore allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years. The Committee recalls that an exception to the minimum age under the Convention is only permissible as regards light work, in line with the conditions as defined in Article 7(1) of the Convention. In this regard, the Committee observes that section 14(2) of the 2022 draft-law on labour provides that a worker is at least 16 years of age, and does not appear to contain a provision similar to section 188(2) of the current Labour Code.. The Committee once again expresses the firm hope that the Government will take the necessary measures, during the revision of the Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee once again recalls that, by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work under certain conditions, without specifying a minimum age. The legislation in force therefore does not explicitly prohibit children between 14 (the age of admission to vocational training) and 16 years to perform hazardous work during vocational training. The Committee once again emphasizes that that young persons below 16 years of age engaged in apprenticeships must not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to at least 16 years, even if the required protective conditions are adequately provided.

The Committee observes in this regard that section 18(3) of the 2022 draft-law on labour provides that employment agreements that involve hazardous work may only be concluded with persons over the age of sixteen years, provided that they have received sufficient specialized training and that it does not harm their health, safety, learning process, physical, spiritual and moral development. The Committee requests the Government to take the necessary measures to ensure that a provision – like section 18(3) of the 2022 draft-law on labour – provide for a minimum age of 16 for the performance of hazardous work, under the conditions of safety and training provided for under Article 3(3) of the Convention. It also requests the Government to take the necessary measures to ensure that such a provision explicitly applies to the work in vocational training that is allowed under section 2(3) of Order No. 46 of 1994 of the Ministry of Health of Ukraine. The Committee requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.