Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Other comments on C138

Observation

Direct Request

2021
2018
2015
2010

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the Strategy Plan for the Protection of the Rights of the Child 2017- 2021 and requested the Government to provide information on the measures taken within the framework of this Strategy Plan to eliminate child labour. Noting the absence of information in this respect, the Committee once again requests the Government to indicate the measures taken towards the progressive elimination of child labour and their results. In addition, the Committee requests the Government to provide updated statistical information on the number of children involved in child labour and hazardous work in the country.

Article 7. Light work. The Committee notes that the Government indicates that the Ministry of Labour has proposed amendments to the Labour Code stipulating that children can work from the age of 14 only after the hours prescribed for compulsory education. The amendments also propose that children between the ages of fourteen and fifteen should be allowed to work for up to two hours a day but no more than ten hours a week and that children between the ages of fifteen and sixteen shall be allowed to work for up to 24 hours a week. The Committee requests the Government to continue providing information on any proposed modification to the Labour Code’s provisions on light work, including information on the types of light work activities determined by the competent authority as required by Article 7(3) of the Convention. The Committee also requests the Government to provide a copy of the above-mentioned amendments, once adopted.

Labour inspectorate. In reply to the Committee’s request to specify the institution responsible for the supervision of the application of the Convention, the Committee notes that the Government refers to Decision No. 755-L of 2018 issued by the Prime Minister which reorganizes the Health Inspection Body of the Ministry of Health into the Health and Labour Inspection Body. According to the Annex to Decision No. 755-L, the Health and Labour Inspection Body shall perform supervisory functions and apply sanctions for the violations of labour rights, including the protection of the rights of working children under the age of 18 years. The Committee also notes that the Government indicates that, pursuant to section 1.1 of the Organization and Conduct of Inspections Act, inspections shall be carried out exclusively based on checklists approved by the Government. In this regard, the Committee notes that the Government refers to Decision No. 718-N of April 30, 2020, which approves a checklist for health and safety risk-based inspections for workers in mining industry enterprises and open mine operations. The Government also refers to Decision No. 886-N of May 27, 2021, which approves a checklist for health and safety risk-based inspections for workers in enterprises of the processing industry, which includes questions related to guarantees for workers under 18 years of age. The Committee notes the Government’s indication that, since the approval of the checklists, 46 inspections have been carried out, during which no violations to the labour legislation’s norms related to persons under the age of 18 years have been registered. The Committee requests the Government to provide information on the activities carried out by the Health and Labour Inspection Body in relation to child labour, including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken. The Committee also requests the Government to provide information on the measures to strengthen the capacity of labour inspectorates to detect violations of the provisions of the Convention, including in the informal economy.