Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C138

Observation

2023

Direct Request

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Article 2(1) of the Convention. Scope of application. The Committee had previously noted that section 46 of the Labour Code which sets out the minimum age of 16 years for employment, applies only to individual labour contracts. It had also noted section 11(1) of the Child Rights Act No. 127, which states that children may carry out such work on an independent basis as their age, state of health and vocational training allow. The Committee had requested the Government to take the necessary measures to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including children who are self-employed.

The Committee notes the Government’s statement that hiring a person is possible only under an individual employment contract concluded in writing, and any employee working without an employment contract shall be deemed to be working in an informal area which is not covered by the labour legislation. The Committee notes that, according to section 3 of the Labour Code, the provisions of the Labour Code apply to employees working on the basis of an individual labour contract with an employer, including employers or legal entities from the public, private or mixed sector that use recruited labour, as well as employees from other non-commercial organizations that use recruited labour. It also notes that, by virtue of section 46(5) of the Labour Code, any person, physical or legal, regardless of the ownership and legal form of organization who uses wage labour can be an employer and a party to the individual labour contract. The Committee further notes that Chapters VII–XV of the Labour Code cover employees in various sectors, including employees hired for seasonal work, employees performing home work, employees in the transportation sector, as well as employees hired for a period of execution of certain work which requires the conclusion of an individual employment contract. Moreover, according to section 326 of the Labour Code, work with peasant households (farmer households) requires an individual labour contract to be concluded in writing and to be registered at the local public administration authority.

The Committee notes, however, from the Government’s report that, according to the data on employment of young persons prepared by the National Bureau of Statistics in 2010, 31.7 per cent of children aged between 15–17 years are wage paid employees, 34.2 per cent are self-employed workers and 34.1 per cent are unpaid family workers. The survey report further indicated that 37 per cent of the children between 15–17 years of age were employed in the informal economy, and 89.9 per cent had an informal job. Noting that the majority of children working under the minimum age are working either on a self-employed basis or on an unpaid basis in a family enterprise, or in the informal economy, the Committee requests the Government to take the necessary measures to ensure that children without an employment relationship, such as those who work on their own account or in the informal economy, benefit from the protection provided for in the Convention. In this regard, the Committee requests the Government to adapt and strengthen the labour inspection services to effectively monitor children working in the informal sector. It requests the Government to provide information on the measures taken in this regard along with its next report.

Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of 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. It had also noted the Government’s indication that it was in the process of amending the Labour Code, in such a way as to provide a unique employment age of 16 years.

The Committee notes the Government’s information that the draft law amending and supplementing the Labour Code, which included provisions fixing a unified minimum age of 16 years, was not accepted in the Parliament for non-compliance with the Revised European Social Charter. The Committee requests the Government to take the necessary measures, without 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. It requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee had previously noted that section 11(2) and (3) of the Child Rights Act allows children of over 14 years of age to work with their parents’ consent and on condition that the work is combined with studies and that it does not impair their health, education, or physical, mental, spiritual or social development. It had also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work may be undertaken by children. Noting the absence of information in the Government’s report with regard to its previous comments, the Committee once again requests the Government to indicate whether the competent authority has determined the light work activities that may be undertaken by children of 14 years of age.

Article 9(3). Keeping of registers. The Committee had previously noted the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, and requested the Government to specify and supply a copy of the text which contains the above provision. The Committee notes that, according to section 66 of the Labour Code, labour books containing data regarding the employee should be kept in the entity.

Part V of the report form. Application of the Convention in practice. The Committee notes the data provided by the Government from the Child Labour Monitoring Unit of the labour inspectorate. According to this data, from 2009 to 2011, labour inspectors detected 527 children who were employed, including 265 children aged 17 years, 36 children aged 16 years, 157 children aged 15 years and 69 children aged 13 years. These children were mainly employed in agriculture, industry, construction, trade, manufacturing of clothing and footwear as well as in hazardous work at nightclubs, as assemblers of wooden articles with pneumatic gun, and as bakers. Most of the violations detected were with regard to illegal employment, working time and lack of training in safety and health.

The Committee also notes that, according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, about 177,000 children between the ages of 5–17 years were engaged in economic activities of which 61.6 per cent (109,000) were child labourers and 63 per cent of whom were in the age group of 5–14 years. The Committee expresses its concern at the high number of children under the minimum age working in the Republic of Moldova. The Committee therefore urges the Government to redouble its efforts to improve the situation of child labour in the country and requests it to provide information on the measures taken in this regard. The Committee also requests the Government to continue providing information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.