Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Armenia (Ratification: 2006)

Other comments on C138

Observation

2021
2018

Direct Request

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Article 2(1) of the Convention. Scope of application. The Committee previously observed that, pursuant to sections 1(1) and 13, the Labour Code of 2004 and its provisions relating to the minimum age of admission to employment or work did not apply to work performed outside the framework of a formal labour relationship, such as self-employment or non-remunerated work. The Government stated that necessary measures would be taken in this regard.

The Committee notes the Government’s information in its report that, according to section 1 of the Law on Organizing and Conducting Inspections, inspections are organized and carried out on the activities of commercial or non-commercial entities, as well as individual entrepreneurs, with regard to their compliance with relevant legislation. However, no specific reference is made to the employment of children under this Law. The Committee also notes that, with the assistance of the ILO, the Armenian National Statistical Service carried out a national survey on child labour and published in 2016 the Armenia National Child Labour Survey 2015: Analytical Report. According to the report, 39,300 children (8.7 per cent of children aged 5–17) are involved in child labour, of which a large majority (90.1 per cent) work in agriculture. Moreover, among them, only 5 per cent are employees with a verbal agreement, 25 per cent work on their own account, and 70 per cent are unpaid family workers (pages 53–55). Noting a large number of children working in the informal economy, the Committee urges the Government to take, without delay, the necessary measures to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, working in the informal sector or working on a self-employed basis, benefit from the protection provided by the Convention. Pending the adoption of such measures, the Committee requests the Government to indicate how the Law on Organizing and Conducting Inspections is applied in practice to protect children working outside the framework of a formal labour relationship.

Article 8. Artistic performances. The Committee previously noted the Government’s information that it had developed a draft law to amend and supplement the Labour Code in which it is envisaged to regulate the participation of children under the general minimum age in artistic performances.

The Committee notes the Government’s information that the Labour Code was amended by Law No. HO-96-N on Amending and Supplementing the Labour Code, which was adopted on 22 June 2015 and entered into force on 22 October 2015. As amended, part 2.2 of section 17 of the Labour Code provides that children under 14 years of age can be engaged in cinematographic, sport, theatre and concert organizations, in circuses, in creative work and/or performance of television and radio productions with the written consent of one of the parents or adopter or guardian or a custody and guardianship body. The activities in these organizations or productions should not be harmful to their health, morality or safety, or prejudice their education. The Committee also notes that part 1 of article 140 provides for reduced working time for children under 14 years of age as follows: (1) for children aged up to 7 years, up to two hours per day, but not more than four hours per week; (2) for children aged 7–12 years, up to three hours per day, but no more than six hours per week; and (3) for children aged 12–14 years, up to four hours per day, but not more than 12 hours per week.

In this regard, the Committee reminds the Government that Article 8 of the Convention allows exceptions to the prohibition of employment or work of children under the general minimum age, which is 16 years as provided for by the national legislation. Moreover, by virtue of Article 8(1), children may participate in artistic performances, provided that permits are granted in individual cases by the competent authorities, not by the parents or legal guardians. The Committee therefore requests the Government to take the necessary measures to ensure that part 2.2 of section 17 of the Labour Code is amended by providing that permits for the participation of children under 16 years in artistic performances are granted by the competent authority and not only by parents, in individual cases.

Article 9(1). Penalties and law enforcement. The Committee previously noted that, according to section 41 of the Code on Administrative Offences, the violation of the requirements of labour legislation and of other normative legal acts results in warnings issued to the offender. Such violations, if committed for up to one year after the application of the warning, result in a fine equivalent to 50 times the minimum wage. The Government indicated that, since 2005, the inspection body had not received any complaints of exploitation of children nor detected any violations of relevant legislation.

The Committee notes the Government’s information that, until July 2015, out of 115 inspections undertaken, four cases of violation of provisions regarding work or employment of children were detected, including two cases of involvement of children in hazardous work and two cases of excessive working hours (36 hours per week) of children aged 16–18 as provided for by the relevant legislation. The persons who violated the abovementioned provisions were subjected to an administrative liability warning. However, the Committee notes that, according to the Armenia National Child Labour Survey 2015: Analytical Report, among 52,000 children who participated in economic activities, 39,300 (76 per cent) were involved in child labour, including 31,200 (60 per cent) in hazardous work (page 10).

In this regard, the Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties to ensure the effective enforcement of the provisions of the Convention. The Committee also observes that the inspection body has only detected a limited number of violations of the relevant legislation, while a large number of children were found engaged in child labour and hazardous work by the national survey. The Committee therefore requests the Government to redouble its efforts to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. It also requests the Government to take the necessary measures to strengthen the inspection services in order to improve their capacity to detect cases of child labour, for example by allocating sufficient resources or by providing adequate training in this regard. It further requests the Government to continue to provide information on the types of violations detected by the inspection bodies, the number of persons prosecuted and the penalties imposed.

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