Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Uzbekistan (Ratification: 2009)

Other comments on C138

Direct Request

2016
2013
2011

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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Article 2(1) of the Convention. Scope of application. The Committee noted that the Labour Code, and its provisions relating to the minimum age of admission to employment or work, did not appear to apply to work performed outside of a labour agreement between an employer and an employee, such as self-employment or work in the informal economy. In this regard, the Committee noted the information from the 2006 multiple indicators cluster survey that 70 per cent of children between the ages of 5 and 14 years who were engaged in economic activity in Uzbekistan were engaged on an unpaid basis.

Noting that the Government does not provide information on this point in its report, the Committee once again recalls 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. Therefore, the Committee urges the Government to take immediate measures to ensure that children who are not bound by an employment relationship, such as children performing unpaid work, work in the informal economy or work on a self-employed basis, benefit from the protection provided by the Convention. It requests the Government to provide information on the progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted the Government’s statement in its report to the Committee on the Rights of the Child that a national professional training programme was being implemented, designed to cover all pupils completing the nine grades of the vocational education system and to give students a specific profession in addition to a general secondary education. The Government indicated in this report that networks of new vocational secondary educational institutions were established (CRC/C/104/Add.6, paragraph 183). However, the Committee observed an absence of information on apprenticeships (that is vocational training carried out in an enterprise, but not an educational institution) and the applicable minimum age for these positions.

The Committee observes that the Government does not provide information on this point in its report. Recalling that Article 6 of the Convention authorizes work to be carried out in enterprises within the context of an apprenticeship programme by persons aged at least 14 years, the Committee once again requests the Government to indicate what is the applicable minimum age for young persons to engage in apprenticeships in Uzbekistan.

Article 9(1). Penalties. In its previous comments, the Committee observed an absence of information in the Government’s report on the penalties applicable to an employer who violates the applicable minimum age provisions in cases not related to hazardous work.

The Committee notes the Government’s indication that the Code on Administrative Responsibility provides significant penalties for employers who allow violations of the legislation on child labour. The Committee accordingly once again requests the Government to provide information on the specific penalties applicable to persons who violate section 77(1) and (2) of the Labour Code, by employing a minor under the minimum age of 15 years, as well as on the application of these penalties in practice.

Article 9(3). Keeping of registers. The Committee previously noted that, pursuant to section 81 of the Labour Code, all employers are required to keep a labour book for all workers who have worked in an enterprise for more than five days, and to enter information in the labour book concerning hiring for work, work transfers and work termination.

The Committee notes the absence of information on this point in the Government’s report. Recalling that, pursuant to Article 9(3) of the Convention, documents shall be kept and made available by the employer, containing the name 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 indicate if labour books contain the date of birth of all persons under the age of 18, and if these labour books are made available to labour inspectors.

Part III of the report form. Labour inspectorate. The Committee previously noted the statement in the Government’s report that, pursuant to section 9 of the Labour Code and Decision No. 29 of the Government of 19 February 2010, the specially authorized state legal and technical inspectors of the Ministry of Labour and Social Protection shall exercise the supervision and control over the observance of the labour legislation and the occupational safety and health regulations, including the prevention of the engagement of employees under 18 years of age in unfavourable working conditions. The Government stated that the types of work with unfavourable working conditions are identified through inspections, monitoring and certification of workplaces.

The Committee notes the Government’s information that, in 2010, the prosecutor’s offices of the state legal inspectorate responsible for child labour and employment conducted 211 investigations. As a result, 479 statements were taken, 731 persons were charged, 1,034 responsible persons were subjected to disciplinary proceedings, 447 administrative proceedings were conducted, and 26 criminal cases were instigated. The Committee requests the Government to continue providing information on the activities of the state legal inspectorate and, more specifically, on the application in practice of sections 77 (relating to the minimum age) and 241 (relating to the prohibition on hazardous work) of the Labour Code, particularly with respect to the number and nature of violations detected and the subsequent penalties imposed.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, in March 2011, a tripartite interdepartmental working group, headed by the First Deputy Minister of Labour and Social Protection, was established to prepare and produce information on the implementation of the ILO Conventions ratified by Uzbekistan. The basic tasks of this working group include coordinating the activities of the relevant ministries, departments and interested organizations in the implementation of measures and programmes adopted with regard to ILO Conventions, and carrying out the necessary research on the implementation of these Conventions in Uzbekistan. The Committee encourages the Government to pursue and strengthen its efforts, through the interdepartmental working group, towards the effective elimination of child labour. It requests the Government to provide information on the measures taken in this regard, and on the results achieved. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age on the nature, extent and trends of work by children under 15 years of age.