Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la edad mínima, 1973 (núm. 138) - República de Moldova (Ratificación : 1999)

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. The Committee further noted 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.

Noting the absence of information in the Government’s report, the Committee once again reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee therefore encourages the Government to take measures to extend the applicability of the minimum age provisions (16 years) to all sectors of economic activity and all forms of work, including children who are self-employed. The Committee 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. The Committee noted that, at the time of ratification, the Government declared 16 years to be the minimum age for admission to employment, and noted the Government’s indication that it was in the process of amending the Labour Code, in such a way as to provide a unique employment age of 16 years. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on any amendments made to the Labour Code with a view to setting the minimum age for admission to employment or work in any occupation at 16. It also requests the Government to supply a copy of this act, once amended.

Article 6. Apprenticeship. The Committee previously requested the Government to provide a copy of the Law on Education of 1995. The Committee notes that section 21 (2) of the Law of Education states that the Government guarantees the teaching of professions to gymnasium graduates (grades 5 through 9) who have not reached the age of sixteen and who do not attend lyceum (general secondary schools, grades 10 through 12). The Committee also notes that, pursuant to section 21(9) of the Law on Education, the practical experience period provided for pupils enrolled in vocational secondary education is carried out on a contractual basis at state and private enterprises, and that pursuant to section 21(10), state owned economic agents with more than 20 employees are obliged to offer working places for this period of practical experience and apprenticeships. The Committee further notes the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 10 July 2008 that a National Coordinating Council in Secondary Vocational Education was established, and that this body has drafted a development strategy for 2006-2016 (CRC/C/MDA/3, paragraph 348).

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that the provisions of section 11(2) and (3) of the Child Rights Act allow 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 also noted that sections 96 and 100 of the Labour Code prescribe the number of hours during which such work maybe be undertaken. The Committee 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 recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. 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. Following its previous comments, the Committee notes the information in the Government’s report that the Contravention Code entered into force 31 May 2009, repealing the Code on Administrative Contraventions of 1985, and notes the copy of the Contravention Code available on the Ministry of Justice website. It notes that section 55(1) of the Contravention Code provides penalties for violations of labour legislation, legislation on occupational safety and health, and other norms of social protection. It notes with interest that section 55(2) provides for harsher penalties when such infringements concern a minor. Pursuant to section 55(2) of the Contravention Code, infringements in relation to a minor committed by a natural person is sanctioned with a fine from 50 to 80 conventional units. When the same offence is committed by a company officer, this fine is from 100 to 150 conventional units, and when committed by a legal person, this fine is from 120 to 180 conventional units. The Committee also notes that section 58 of the Contravention Code states that involving a minor in work that is prohibited in the legislation incurs a fine of 30–40 conventional units when this act is committed by a natural person, and a fine of 100 to 150 conventional units when committed by a legal person. Section 58 also states that involving a minor in prohibited work may result in the employer losing authorization to perform certain activities for three months to a year. The Committee further notes that, pursuant to section 34 of the Contravention Code, one conventional unit is equal to 20 Moldovan leu (approximately US$1.76).

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted the Government’s indication that a list of employees with their names and dates of birth must be kept in enterprises, institutions and organizations, and requested the Government to specify and supply a copy of the text which contains the above provision. Noting the absence of information on this point in the Government’s report, the Committee reminds the Government that, in accordance with Article 9(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 the number of cases under judicial examination concerning the application of the Convention was not registered. The Committee also notes the Government’s information that, according to the data submitted by the National Bureau of Statistics for the year 2007, a total of 8,200 persons under the age of 18 years were registered in the labour market. The Committee notes that in 2008, this number increased to 8,900 and that, during the first quarter of 2009, this number was 5,900.

The Committee notes that, according to information available on the UNICEF website, 32 per cent of children, aged 5–14, were engaged in economic activity during the years 1999–2007. The Committee also notes the information in the ILO–IPEC report entitled “Activities for Combating Child Labour and Trafficking in Children in Moldova” that child labour is present in the construction and transport sector, the wine and food processing industry, and the trade and services sector (such as restaurant work and car repairs), and that child labour is particularly prevalent in the agricultural sector. The Committee further notes the Government’s statement in its report to the CRC of 10 July 2008 that parents often involve their children in agricultural or household labour and that children’s involvement in work unsuitable for their ages endanger their physical and mental health as well as their school performances (CRC/C/MDA/3, paragraph 293). In addition, the Committee notes the information in the “Baseline Study on Basic Education in the Republic of Moldova, from the Perspective of Child Friendly Schools” issued by the Ministry of Education and UNICEF in 2008, that while the number of children who drop out of school remains low, the percentage of students who miss a significant number of classes is much higher. This study indicates that 11.4 per cent of non-attendance by children in rural areas is because these children work alongside their parents.

The Committee notes that the CRC, in its concluding observation of 20 February 2009, expressed concern at the lack of disaggregated data available on the economic activities of children in Moldova. Moreover, the CRC, while noting the measures taken by the Government to prevent and combat child labour, stated that the protections afforded by the law are not systematically enforced (CRC/C/MDA/CO/3, paragraph 64). The Committee asks the Government to take the necessary measures to ensure that the provisions giving effect to the Convention are effectively enforced. It also urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Moldova is available, particularly with regard to the number of working children under the minimum age for admission to employment (16 years), and to supply this information when it becomes available. The Committee further asks the Government to continue to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.