Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre la edad mínima, 1973 (núm. 138) - Armenia (Ratificación : 2006)

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Article 1 of the Convention. National policy on the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s indication that it has requested the ILO to consider including Armenia in the programme entitled “Country level engagement and assistance to reduce child labour” (CLEAR programme). The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it approved a National Plan of Action for the Protection of the Rights of the Child 2013–16. The Committee requests the Government to provide information on the measures taken, within the framework of the National Plan of Action for the Protection of the Rights of the Child 2013–16, to eliminate child labour and on the results achieved in this regard. It also requests the Government to provide information on any progress made with regard to its inclusion in the CLEAR programme, as well as the measures taken within this programme to eliminate child labour.

Article 2(1). Scope of application. The Committee previously observed that, pursuant to sections 1(1) and 13, the Labour Code of the Republic of Armenia 2004 (Labour Code) 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 Committee notes the Government’s statement that necessary measures will be taken in this regard. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013, expressed concern that significant numbers of children, including those below the age of 14 years, are dropping out of schools to work in informal sectors such as agriculture, car service, construction and gathering of waste metal and family businesses (CRC/C/ARM/CO/3-4, paragraph 49). The Committee therefore requests 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, work in the informal sector or work on a self-employed basis, benefit from the protection provided by the Convention. It requests the Government to provide information on the measures taken or envisaged in this regard.

Article 2(3). Age of completion of compulsory education. The Committee previously requested the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 16 years, as a means of combating and preventing child labour.

The Committee notes with interest that, according to sections 15(3) and 18(7) of the Law on Education of 1999 as amended in 2009, the basic general education which starts from the age of 6 years shall be compulsory until the learner attains the age of 16 years.

Article 6. Vocational training and apprenticeship. The Committee previously requested the Government to provide information on apprenticeship programmes, as well as to indicate the applicable minimum age for such programmes in Armenia.

The Committee notes that according to section 201.1 of the Law on Amendments to Labour Code of 2010 (RA Law No. HO-117-N), an employer can organize professional training courses for workers or new recruits in the company on his/her own account, paying the trainee at least the minimum salary defined by law. In this regard, the Committee notes the Government’s reference to section 17(1) of the Labour Code of 2004 which states that an employee is a capable citizen who has reached the age defined by this Code to perform certain work for the benefit of the employer while section 17(3) prohibits the employment and conclusion of labour contracts with persons under 14 years of age.

Article 7(1) and (3). Age for admission to light work and determination of light work. Following its previous comments, the Committee notes the Government’s reference to section 17(2) of the Labour Code as amended by RA Law No. HO-117-N, which states that young persons between 14 and 16 years of age may be engaged in temporary work not harmful for their health, safety, moral and education. According to section 140(1) of the Labour Code, young persons between the ages of 14 and 16 years may work for a maximum of 24 hours per week and shall have an uninterrupted daily rest of at least 14 hours (section 154(2)).

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that it has 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. In this regard, the Committee reminds the Government that Article 8(1) allows exceptions to the minimum age of employment for purposes of participation in artistic performances by permits granted in individual cases. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee requests the Government to provide information on any progress made with regard to the adoption of the draft law which will regulate the participation of children under 16 years of age in artistic performances, as prescribed by Article 8(1) of the Convention. It requests the Government to provide a copy once it has been adopted.

Article 9(1). Penalties. The Committee notes the Government’s statement that there are no specific provisions in the Code on Administrative Offences which provide for penalties for the violation of the provision related to the employment of children and young persons. However, the Committee notes from the Government’s report that according to section 41 of the Code of 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, results in a fine equivalent to 50 times the minimum wage. The Committee requests the Government to provide information on the application of these penalties in cases of violations relating to the employment of children and young persons, including the number and nature of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee notes the Government’s statement that the State Labour Inspectorate (SLI) has not received any complaints of child exploitation since 2005 nor have any violations regarding the employment of children been revealed during inspections. It also notes the Government’s indication that the inspectors of the SLI have not yet received any specific training on child labour issues. The Committee also notes from the Government’s report that following the adoption of Decree of RA Government No.857-N of 25 July 2013, the SLI of the Ministry of Labour and Social Affairs and of the Sanitary and Epidemiological Inspectorate of the Ministry of Health have been merged and reorganized into the State Health Inspectorate of the Ministry of Health (SHI). According to the Government’s report, the SHI supervises the application of labour laws, including inspections regarding the labour rights and privileges of workers below the age of 18 years. The Government’s report further indicates that the questionnaire in the inspection sheet of the SHI as appended to Decree No. 1486 of 22 November 2012 contains questions related to the employment of young persons, such as: the conclusion of a temporary employment contract with a worker between 14 and 16 years of age; working hours for children of 14–16 years which shall not be more than 24 hours per week; the prohibition for workers below 18 years to undertake hazardous and harmful work, overtime work and night work; and the duration of the daily uninterrupted rest period which shall not be less than 14 hours for workers between 14 and 16 years and not less than 12 hours for workers between 16 and 18 years. The Committee requests the Government to provide information on the functioning of the SHI, including the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed. The Committee also requests the Government to take the necessary measures to ensure that the labour inspectors within the SHI have received adequate training on child labour issues.