Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report.

The Committee notes the adoption, since the Government sent its report, of Act No. 51/2001 of 30 December 2001 issuing the Labour Code and repealing, by virtue of section 198, all previous laws and regulations contrary to the new Code, in particular the Labour Code Act of 28 February 1967 as amended or extended until that date and any orders enacted to implement it. The Committee notes that, although the Government indicated in its report that it took due note of the Committee’s comments concerning the draft Act introducing the new Labour Code, the provisions of the new Labour Code do not implement the following provisions of the Convention.

Article 2 of the Convention. The Committee notes that, according to section 64 of the new Labour Code, the nature of the work and the categories of undertakings in which employment of children is prohibited are established by order of the minister responsible for labour affairs. The Committee therefore recalls that employment or work underground in mines should be prohibited by the terms of this section of the Labour Code itself. The Committee draws the Government’s attention to the fact that even if the employment or work underground meets the criteria defined in section 65(3) of the Code and might therefore be included on the list of jobs prohibited to persons below the age of 16 years - a list which, according to this section, must be established by order of the minister responsible for labour matters - this measure would not be in conformity with the obligations accepted by the Government under this Convention. The Committee reminds the Government that in a declaration appended to its ratification, it had specified 18 years as the minimum age for employment or work underground. The Committee notes that, as far as it is aware, the order defining the nature of work and categories of enterprise in which employment of children is prohibited, which is required for the implementation of section 64 of the Labour Code, has yet to be adopted. The Committee requests the Government to communicate a copy of the order as soon as it has been adopted.

Article 4, paragraph 1. The Committee notes that section 195 of Act No. 51/2001, which provides for sanctions for any violations of the provisions, contains no express provisions for appropriate penalties in cases of contraventions in connection with the minimum age for employment in mines, in accordance with this paragraph of the Convention.

Article 4, paragraph 2. The Committee notes the provisions of section 166(1) of the Labour Code which requires inspections in mines and quarries to be carried out by experts, who are required to ensure that any facilities inspected are fitted and equipped so as to protect workers’ health. The Committee also notes that, in implementation of section 66(1) of the Code, the inspector can require that children undergo examination by a qualified doctor to determine whether the work they are required to do is beyond their capacity and harmful to their health, and that this can be demanded as a right. The Committee requests the Government to supply information on the implementation of such inspections in practice.

Article 4, paragraph 4. The Committee notes that, according to section 178 of Act No. 51/2001 issuing the Labour Code, "the employer’s register shall be kept up to date at the workplace, and the model register to be used shall be determined by order of the minister responsible for labour affairs". The Committee notes that, under the terms of section 198 of the new Code, Presidential Order No. 111/09 of 17 April 1978 concerning organization of workers’ placement and monitoring of employment, which had implemented sections 148, 149 and 168 of the previous Labour Code, is repealed. The Committee is aware of a draft ministerial order establishing the model employer’s register in accordance with section 178 of the Code. The Committee recalls that, under the terms of this provision of the Convention, the registers presented to the inspectors must indicate, for each person aged below 20 years employed or working underground, in addition to his date of birth, duly certified if possible, the date on which the worker was employed or worked underground at the enterprise for the first time. The Committee requests the Government to take the necessary measures to ensure that this date is included in the employer’s register, and to provide a copy of the ministerial order once it is adopted.

Article 4, paragraph 5. The Committee requests the Government to adopt measures to oblige the employer, at the request of workers’ representatives, to make available to them lists of persons aged below 20 years employed or working underground, indicating for each worker the date of birth and the date on which he was employed or worked underground at the enterprise for the first time, and to provide a copy of a model list.