Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 138) sur l'âge minimum, 1973 - Macédoine du Nord (Ratification: 1991)

The Committee notes the Government’s first report.

Article 2(1) of the Convention. 1. Scope of application. The Committee notes that, pursuant to section 1(1) of the Labour Relations Law of 22 July 2005 (Labour Relations Law), the Law regulates labour relations between employers and employees established through an employment contract. Section 5(1) of the Labour Relations Law states that a labour relation is a contractual relation between the employee and the employer whereby the employee carries out work according to the instructions and under the supervision of the employer for remuneration, and section 5(2) states that an employee is any natural person who has entered into a labour relation on the basis of a concluded employment contract. Therefore, it appears that the Labour Relations Law, and its provisions relating to the minimum age of admission to employment or work, do not apply to work performed outside of a formal labour relationship, such as self-employment. The Committee reminds the Government that the Convention applies to all branches of economic activity, and covers all types of employment or work, whether or not there is a contractual employment and whether or not the work is remunerated. In this regard, the Committee notes the information in the UNICEF report entitled “Children in FYR Macedonia” of February 2008 that, the majority of children engaged in child labour do so on an unpaid basis, both inside and outside of family undertakings. It further notes the information in a 2008 report on the worst forms of child labour in Macedonia, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org), that children engage in work in the informal sector. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, work in the informal sector or work on a self-employed basis, benefit from the protection provided by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 15 years as the minimum age for admission to employment or work. The Committee also notes that article 42 of the Constitution of the Republic of Macedonia states that a person under 15 years of age cannot be employed. The Committee further notes that section 250(1) of the Labour Relations Law states that the employment of children under 15 is prohibited. Furthermore, section 18(1) of the Labour Relations Law states that an employment contract may only be concluded with a person who has reached the age of 15, and section 18(2) provides that an employment contract concluded with a person under the age of 15 years is null and void.

Article 2(3). Age of completion of compulsory education. The Committee notes that, pursuant to section 4 of the Law on Primary and Secondary Education (adopted on 1 August 2008), basic education lasts for nine years. The Committee also notes the information in the 2010 UNESCO report entitled “Education For All, Global Monitoring Report” that compulsory education is from the age of 6 to the age of 15, corresponding to the age at which children may be admitted to work.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that article 42 of the Constitution states that minors may not be employed in work which is detrimental to their health or morality. The Committee also notes that chapter XIII of the Labour Relations Law entitled “Protection of Employees under the Age of 18” prohibits certain types of work for persons under 18 years of age. Pursuant to section 176, persons under 18 cannot be engaged in night work and must be given annual leave. Section 174 states that persons under 18 cannot work for more than 8 hours per day and 40 hours per week, and also stipulates mandatory breaks and rest periods. Section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of labour affairs in coordination with the Minister in charge of health affairs. The Committee requests the Government to provide information on any determinations made on types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law, and to provide copies of the relevant documents with its next report.

Article 6. Vocational training and apprenticeship. The Committee notes that, pursuant to section 250(4) of the Labour Relations Law, secondary school students who have reached 14 years of age may perform practical training with an employer within the framework of their educational programme. The Committee also notes that pursuant to section 250(5) of the Labour Relations Law, the protections for persons under 18 regarding working time, rest time and protection against harmful work apply to persons undergoing this training. The Committee further notes that section 251 of the Labour Relations Law regulates apprentices (persons who acquire vocational training with the employer), and stipulates that the protection measures for persons under 18 equally apply to apprentices under this age.

Article 7. Light work. The Committee notes that the Government does not provide information concerning the light work permissible for persons under the minimum age. However, the Committee notes the information from the Multiple Indicator Cluster Survey of 2005–06 that 9.9 per cent of children below the age of 15 are engaged in economic activity. This survey indicates that 11.7 per cent of 13 year olds and 12.4 per cent of 14 year olds are engaged in economic activities, and that the vast majority of these children also attend school. In this regard, the Committee draws the Government’s attention to Article 7(1) of the Convention, which provides that national laws or regulations may permit children between the ages of 13 and 15 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes. In addition, under the terms of Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such work may be undertaken. Observing that there appears to be no minimum age of 13 years for light work currently set forth in legislation, the Committee requests the Government to indicate the measures it intends to take to permit light work for persons over the age of 13 and to determine what constitutes this light work, pursuant to Article 7 of the Convention.

Article 8. Artistic performances. The Committee notes that section 250(2) of the Labour Relations Law provides that a child under 15 may participate with remuneration in films or the preparation and performance of cultural, artistic, sporting and advertising activities. Section 250(3) of the Labour Relations Law states that permission shall be granted on the basis of the child’s representative’s request, following a review of the child’s position. Recalling that pursuant to Article 8 of the Convention, permits granted to children to participate in artistic endeavours shall limit the number of hours of, and provide the conditions for, the authorized employment or work, the Committee requests the Government to indicate if the permission granted to children pursuant to section 250(3) of the Labour Relations Law includes limitations on the permissible number of hours worked, and the conditions of this work.

Article 9(1). Penalties. The Committee notes the Government’s indication that, pursuant to section 264 of the Labour Relations Law, an employer who is a legal entity will be fined 15,000 Macedonian denars (approximately US$332) if they conclude an employment contract with a person under the age of 15 (section 264(1)(3)), or if they do not provide the required protection to employees under the age of 18 in accordance with sections 172–176 (section 264(1)(17)) or if they organize the work of children, pupils and students contrary to section 250 (section 264(1)(23)). This fine shall be 10,000 Macedonia denars (approximately US$221) if the employer is a natural person.

Article 9(3). Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring employers to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name and ages, or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s statement that the Ministry of Labour and Social Policy and the State Inspectorate are the authorities entrusted to ensure the effective implementation and enforcement of the Convention. The Committee requests the Government to provide information on the performance of labour inspections by the State Inspectorate in practice, concerning the monitoring of child labour. In this regard, the Committee requests the Government to provide information on the number and nature of violations detected involving children and young persons, including the number of investigations conducted, fines imposed, and, where possible, extracts from reports of labour inspectors.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the Multiple Indicator Cluster Survey of 2005–06 that 12.3 per cent of males and 7.3 per cent of females between the ages of 5 and 14 are engaged in economic activities. This survey indicates that the majority of these children are engaged in both economic activity and go to school, with less than one per cent of both girls and boys under 15 engaged only in economic activity. The Committee requests the Government to provide up to date information on the manner in which the Convention is applied, including recent statistical data relating to the nature, scope and trends in the labour of children and young persons working below the minimum age.