Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government as well as the Act on the Protection of Labour (14 October 1992) and the Labour Code (11 April 1994). It requests the Government to supply further information on the following points.

Article 1 of the Convention.  The Committee notes from the Government’s report the adoption of the Act on Authorities and Services for the Affairs of Minors and Special Institutions for Minors, which provides for the establishment of authorities and services responsible for minors whose basic tasks include the monitoring of the application of labour legislation. However, the government report also mentions the labour inspectorate responsible for the implementation of labour regulations. Therefore, the Committee asks the Government to supply more information on the authorities and services responsible for minors, including a copy of the said Act, and also to clarify the relation between such services and the labour inspectorate in the monitoring of legislation on minimum age for work.

Article 2, paragraph 1.  The Committee notes that section 3(1) of the Labour Code excludes self-employment from its scope of application. It recalls that the Convention applies to any work regardless of the existence of an employment relationship, including self-employment. It requests the Government to supply further information on measures taken to prohibit such types of work by children under the age of 16 years, for instance, by enforcing the obligation to receive education.

The Committee notes that section 197(1) of the Labour Code as amended in 1995 stipulates that able-bodied young citizens from 15 to 28 years of age, after finishing or suspending their training or education, or after discharge from compulsory military service, should be granted a first job for the period of not less than two years. It requests the Government to supply information on the manner in which this provision is applied in practice, with particular reference to young persons of 15 years of age, which is below the minimum age of 16 years set forth under section 188(1) of the Code, and also specified at the time of ratification of the Convention.

Article 3, paragraphs 1 and 3, and Article 6.  The Committee recalls that Article 3 of the Convention prohibits hazardous work up to the age of 18 and only allows such work done by a person of at least 16 years but less than 18 years if the health, safety and morals of the young person are fully protected and the young person has received adequate instruction or training. It also recalls that, under Article 6, work done by children in schools or in other training institutions is excluded from its scope only where such work is carried out in accordance with conditions prescribed by the competent authority after tripartite consultation. The Committee requests the Government to supply a copy of the regulation made under section 15(1) of the Act on the Protection of Labour of 1992, which stipulates that the procedure for work and vocational training programmes for minors for occupations involving hazardous work is to be determined by the regulation. It also asks the Government to state whether Order No. 283/P-9 of 10 September 1980 is still in force and, if so, to provide information on the actual application of its section 3 which authorizes the work including harmful work for training purposes done by a person over the age of 15 years.

Article 7, paragraph 3.  The Committee requests the Government to specify the types of activities permitted as light work under section 188(3) of the Labour Code.

Article 8.  The Committee requests the Government to provide information on participation of young persons in artistic performances including for instance filming of advertisements and, in particular, on the conditions under which such activities are permitted for children under the general minimum age.

Point V of the report form.  The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.