Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Republic of Moldova (Ratification: 1999)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 46 of the Labour Code, which sets out the minimum age for employment, applies only to individual labour contracts. It had also noted section 11(1) of the Child Rights Act No. 127, which states that children may carry out such work on an independent basis as their age, state of health and vocational training allow. Noting that the Government has not specified the minimum age for self-employment according to section 11(1) of the Child Rights Act, the Committee had requested the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment. The Committee notes the Government’s information that it is in the process of amending the Labour Code and the Child Rights Act so as to provide a unique minimum employment age of 16 years. The Committee hopes that, as part of the legislative amendments, measures will be taken to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including self-employment. It requests the Government to provide information on the progress made in this regard.

2. Minimum age for admission to employment or work. The Committee had previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It had noted, however, that section 46(3) allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training. Noting that, at the time of ratification, the Government declared 16 years to be the minimum age for admission to employment, the Committee requested the Government to take the necessary measures to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation. The Committee notes the Government’s information that it is in the process of amending the Labour Code in such a way as to provide a unique employment age of 16 years. The Committee requests the Government to keep it informed of any eventual amendments made to the Labour Code with a view to setting the minimum age for admission to employment at 16.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that, pursuant to section 255(2) of the Labour Code, a list of the types of hazardous work forbidden for persons under the age of 18 years, as well as the rules on maximum weights which may be lifted by this category of persons, was approved by the Government. The Committee once again requests the Government to provide a copy of the text setting the maximum loads that may be transported and lifted by persons under the age of 18 years.

Article 6. Apprenticeship. The Committee had previously noted the Government’s indication that, according to the Law on Education, vocational training for secondary-school pupils is performed on a contractual basis at a state or private enterprise. The Committee once again requests the Government to provide a copy of the Law on Education.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee had noted the provisions of section 11(2) and (3) of the Child Rights Act which allows children of over 14 years of age to work with their parent’s consent and on condition that the work is combined with studies and that it does not impair the health, education, or physical, mental, spiritual or social development of the children. It had requested the Government to indicate whether the competent authority has determined the light work activities and prescribed the conditions for such employment. Noting the absence of information on this point, the Committee once again requests the Government to indicate whether the competent authority has determined the light work activities that may be undertaken by children of 14 years of age and prescribed the conditions in which such employment may be undertaken.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that, as per the amendments made to the Code on Administrative Offences, any infringement of the provisions of the Labour Code with regard to minors is punishable with a fine amounting from 2,000 to 5,000 Moldovan Leu  (MDL) (section 41). Penalties for involving minors in hazardous work shall amount to a fine of MDL400. The Committee requests the Government to provide a copy of the Code on Administrative Offences, as amended.

Article 9, paragraph 3. Keeping of registers. Noting the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, the Committee had previously requested the Government to specify and supply a copy of the text which contains the above provision. The Committee notes that the Government'’s report contains no information on this point. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names, and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee once again requests the Government to identify and provide a copy of the text which provides for an obligation of the employer to keep registers of employees under the age of 18 who work for him/her.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, out of the total estimates on the number of employees registered in the labour market every year, almost 0.1 per cent relates to persons under 18 years of age. According to the data submitted by the National Bureau of Statistics for the year 2005, a total of 11,300 persons under the age of 18 years were registered in the labour market; in 2006 the number increased to 12,500 and, during the first quarter of 2007, this number was 7,100. It also notes the Government’s information that: in 2005, labour inspectors conducted 6,327 inspections; in 2006, 6,025 inspections; and during the four months of 2007, 2,001 inspections. The Government indicates that, according to the labour inspection results from the year 2002 to the first quarter of 2007, the number of violations involving persons under 18 years (most of the violations concerned the absence of labour contract, especially in the agricultural sector, and overtime work) exceeded 2,200 persons. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed.