Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 2(1) of the Convention. 1. Scope of application and labour inspection. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, paragraph 74), expressed concern at the high number of children below the age of 15 years working in the informal economy, in particular in illegal coal mines, as well as at the extent of violations of labour law regarding the employment of children. In this regard, the Committee urged the Government to take the necessary measures to adapt and strengthen the labour inspection services in the informal and illegal economy.

The Committee notes the Government’s indication in its report that the State Labour Service of Ukraine (SLS) was formed following the merger of the State Service for Industrial Safety, Occupational Health and Safety and Mining Supervision and the State Labour Inspectorate pursuant to Decision No. 422 of 2014. It notes that the SLS developed a draft concept with a view to reforming the occupational health and safety management system and to increasing its effectiveness. Fundamental to this reform is the constant monitoring of occupational risks, including the employment of minors in high risk jobs. The Committee also notes from the Government’s report submitted under the Labour Inspection Convention, 1947 (No. 81) that the ILO project on “the strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” was initiated in September 2016. This project aims to create conditions that enable the SLS to develop and implement effective measures to comply with international labour standards, including in the areas of occupational safety and health and labour inspection in the informal economy. The Committee further notes the statistical information provided by the Government including the number of labour inspections conducted, the number of infringements detected and the subject areas to which they relate, the number of administrative decisions issued and fines imposed, as well as the number of cases submitted to the public prosecutor’s offices. According to this information, in 2014, the labour inspectors inspected 163 enterprises, including agricultural (31), trading (28), services (42) and others (62), which employed 334 minors between the ages of 14 to 18 years, and in 2015, two minors between the ages of 16 and 18 were found working. The Committee requests the Government to continue taking measures, including within the framework of the ILO project “the strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms”, to strengthen the labour inspection services in the informal economy.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 188(2) of the Labour Code, children of 15 years of age may exceptionally be authorized to work with the consent of their parents or guardians. The Committee observed that the above provision of the Code allowed young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years.

The Committee notes that the draft labour code of Ukraine also contains similar provisions under section 20(3). The Committee notes the Government’s indication that a working group has been set up to revise the draft labour code, and that the recommendations provided by the Office on the draft labour code concerning the minimum age will be taken into consideration. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the draft labour code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention. It expresses the hope that the revised draft labour code will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed. The Committee observed that children between 14 and 16 years were allowed to perform hazardous work during vocational training.

The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again reminds the Government that according to Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (see General Survey of 2012 on the fundamental Conventions, paragraphs 380 and 385). The Committee therefore once again urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

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