Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C138

Observation

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Article 2(1) of the Convention. 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, para. 74), expressed concern at the high number of children below the age of 15 years working in the informal economy. In this respect, it also noted the Government’s statement that the supervision of the use of child labour in the informal economy remained an outstanding issue which concerned, above all, the right of access to workplaces.

The Committee notes from the statistics provided by the Government, in its report, in response to the Committee’s request for labour inspection statistics (in the formal and informal sector), that there appears to be a decrease in the activities of the labour inspection services as regards child labour, from 163 workplace visits in 2014 (with 334 minors found working), to 90 workplace visits in 2017 (with 177 minors found working). The Government adds that in 2018, 241 minors were found working during inspections. In this respect, the Committee refers to its comments adopted in 2019 under the Labour Inspection Convention, 1947 (No. 81) in which it noted that the number of labour inspectors had significantly increased since 2018, but in which it also noted with deep concern that several restrictions and limitations on labour inspections remained in force in the country. The Committee also notes from 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 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 also requests the Government to continue to provide 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, and any follow-up measures taken.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted 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. In this respect, the Committee observed that section 188(2) of the Labour Code 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, and 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.

The Committee notes, from the Government’s indication in its report, and the website of the Parliament, that initiatives to amend the Labour Code are ongoing, but that no amendments have been made to the Labour Code so far, and that section 19(3) of the current draft Labour Code continues to contain similar provisions to the ones in section 188(2). The Committee once again expresses the firm hope that the Government will take the necessary measures, during the revision of the draft 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. It also once again expresses the hope that the revised draft Labour Code will be adopted in the near future.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted 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 for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed, without specifying a minimum age. In this respect, the Committee observed that the legislation in force did not explicitly prohibit children between 14 (the age of admission to vocational training) and 16 years to perform hazardous work during vocational training. In this regard, it emphasized that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (2012 General Survey on Fundamental Conventions, paras 380 and 385).

The Committee notes that the Government’s report does not contain specific information on this point, but that pursuant to section 299(4) of the draft Labour Code published on the website of the Parliament, hazardous work during vocational training shall only be permitted if children reach the age of 18 upon the end of their vocational training. The Committee once again urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

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