Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee takes note of the Government’s reports, and requests the Government to supply further information on the following points.

Article 2, paragraph 3, of the Convention. Compulsory education. The Committee notes that, according to the information contained in UNESCO documents, school is compulsory for children aged 6 to 15 years. There accordingly appears to be a difference of one year between the age of completion of compulsory schooling (15 years) and the minimum age for admission to employment (16 years). The Committee considers that the requirements of Article 2, paragraph 3, of the Convention are fulfilled, since the minimum age for employment is not lower than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO, Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any developments in this regard.

Article 3, paragraph 3. Determination of hazardous work. The Committee notes that section 265, subsection (3) of the Labour Code of 2001 provides for a list of jobs prohibited for employees under 18 years of age, as well as the maximum permissible standards to be approved according to the procedure set by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Committee of Social and Labour Relations. The Committee also notes that Ordinance No. 283/P-9 of 10 September 1980 of the USSR State Committee Trade Unions provides for a list of production processes, occupations and tasks involving work of an arduous and hazardous nature prohibited for persons under 18 years of age. Noting that the list of hazardous occupations dates back to 1980, the Committee reminds the Government that, by virtue of Paragraph 10(2) of Recommendation No. 146 on minimum age, the list of the types of employment or work in question should be re-examined periodically and revised as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee accordingly encourages the Government to review the list of hazardous work pursuant to section 265, subsection (3), of the Labour Code of 2001.

Article 7, paragraph 3. Determination of light work. The Committee notes the Government’s statement in its report that under section 63, subsection (3), of the Labour Code of 2001 a student of 14 years of age may perform light work out of school hours provided that he/she has obtained the consent of a parent or guardian, and that the work does not prejudice his/her attendance at school and is not harmful to his/her health. It further notes that students under 16 years of age who work during the academic year outside school hours may not work more than eight hours a week (section 92, subsections (1) and (2), of the Labour Code of 2001). The Committee reminds the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged to determine light work activities and the conditions in which such employment or work may be undertaken.

Article 8. Participation in artistic performances. The Committee notes that section 63 subsection (4) of the Labour Code of 2001 authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations, and circuses provided that the employer obtains the consent of one parent or guardian. It observes that Order No. 017 of 12 July 1933 on the employment of children and young persons in the film industry lays down the working hours, breaks and working conditions that must be respected. However, the Committee notes that no reference is made to the obligation to obtain an individual permit from the competent authority. The Committee draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may by permits granted in individual cases allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. While noting that section 63(4) of the Labour Code of  2001 authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations and circuses, the Committee recalls that the specified minimum age for admission to employment or work in the Russian Federation is 16 years. The Committee therefore requests the Government to indicate the measures envisaged or taken to ensure that approval for young persons of below 16 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which and the conditions in which such employment or work is allowed. The Committee also asks the Government to indicate whether provisions similar to those laid down in Order No. 017 of 12 July 1933 on the employment of children and young persons in the film industry, exist for children performing in circuses, theatres and concerts. It also asks the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Article 9, paragraph 3. Registers of employment. The Committee notes that, by virtue of section 66 of the Labour Code of 2001, an employer shall keep service record books of all employees who have worked in the undertaking for more than five days. Section 66, subsection (2), of the Labour Code of 2001 states that the book shall contain information about the employee, his/her work duties, and reasons for termination of the labour contract. The Committee recalls that by virtue of Article 9, paragraph 3, of the Convention, registers or other documents shall be kept and be made available by the employer, and shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to indicate whether the name and age or date of birth of employees younger than 18 years of age are stated in the service record book and whether the book is kept and made available by the employer.