Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 138) sur l'âge minimum, 1973 - Arménie (Ratification: 2006)

Autre commentaire sur C138

Observation

2021
2018

Demande directe

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Article 2(1) of the Convention. Scope of application. The Committee previously noted that according to the Armenia Child Labour Survey, carried out with ILO technical assistance and published in 2016, a large number of children were involved in child labour, of which a large majority (90.1 per cent) worked in agriculture. Out of these children, only 5 per cent were employees with a verbal agreement, 25 per cent worked on their own account, and 70 per cent were unpaid family workers not covered by the provisions of the Labour Code concerning the minimum age for admission to employment. In this regard, the Committee urged the Government to take immediate steps to ensure that all children, including those who work outside a formal labour relationship, enjoy the protection afforded by the Convention. The Committee notes with regret that once again the Government’s report does not provide information in this respect. Therefore, the Committee once again urges the Government to take all necessary measures to ensure that all children, particularly children working in the informal economy or as own-account workers, can enjoy the protection afforded by the Convention and to provide information in this regard in its next report.

Article 8 Artistic performances. In its previous comments, the Committee noted that 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 requested the Government to take measures to ensure that the labour legislation provides that individual permits be granted by the competent authority, and not only by the parents or legal guardians to authorize the participation of children under the minimum age in artistic performances in accordance with the Convention. The Committee notes that the Government indicates that the Ministry of Labour and Social Issues has proposed to repeal part 2.2 of section 17 of the Labour Code. Taking note of this legislative proposal, the Committee recalls 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 in Armenia. 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. In this regard, the Committee requests the Government to continue to provide information on the measures taken or envisaged to regulate the participation of children in artistic performances.

Article 9(1). Penalties. The Committee previously noted the high number of children involved in child labour, including hazardous work and requested the Government to redouble its efforts to identify and impose appropriate sanctions for violations of the provisions of the Convention. The Committee notes that the Government indicates that, in order to ensure the effective application of the provisions of the Convention, section 41.6 of the Code on Administrative Offences of December 6, 1985 was amended. According to the amended section, the act of hiring or employing a person under the age of 16 in violation of the requirements of the law or involving a person under the age of 18 in work prohibited by the labour legislation shall result in a fine, which shall be equivalent to 200 times the minimum wage. If the violation is repeated within one year after the date of imposing the sanction, a new fine will be imposed amounting to 400 times the minimum wage. The Committee encourages the Government to continue taking measures to ensure that violations of the provisions of the Convention are detected and adequate penalties are imposed. In this respect, the Committee requests the Government to provide information on the application in practice of section 41.6 of the Code on Administrative Offences.

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