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

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Application of the Convention in practice. In its earlier comments, the Committee requested the Government to pursue its efforts to effectively address and eliminate child labour, and to provide information on the measures taken in this regard. It also requested the Government to take the necessary measures to ensure that sufficient updated data on the situation of working children is made available, including the number of children working under the minimum age and the nature, scope and trends of their work. Lastly, the Committee requested the Government to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

The Committee notes the statistical information provided by the Government in this regard. In 2018, in order to monitor compliance with labour legislation in respect of workers under 18 years of age, the state labour inspectorates carried out 323 inspections, during which 232 violations of labour law were identified. Complaints received by the state labour inspectorates include cases related to wage payment (138 cases), execution and termination of employment contracts (106 cases), as well as occupational health and safety (8 cases). In general, workers under 18 years old are recruited for temporary work during the summer holidays, or to perform work within the framework of practical training. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2(1) of the Convention. Scope of application and labour inspectorate. Children working in the informal economy. In its previous comments, the Committee noted that section 63(1) of the Labour Code prohibits children under 16 years of age from signing an employment contract. It also noted the Government’s statement that the illegal employment of minors and the violation of their labour rights were frequent occurrences in the informal economy. Following its repeated requests since 2003, the Committee urged the Government to take the necessary measures to ensure that all children under 16 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention.

The Committee notes with concern that, according to the Government’s indication in its report, no information is available on measures taken regarding the protection of children under 16 years old in the informal economy. The Committee also notes that the Committee on Economic, Social and Cultural Rights expressed its concern at widespread informal employment in the Russian Federation in its concluding observations of 2017 (E/C.12/RUS/CO/6, paragraph 32). The Committee 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 relationship, and whether or not the employment or work is paid. In this regard, the Committee is of the view that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (2012 General Survey on the fundamental Conventions, paragraph 345). The Committee once again urges the Government to take the necessary measures to ensure that all children under 16 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee once again requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy. It once again requests the Government to provide information on the specific measures taken in this regard as well as on their implementation.

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

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

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that section 63(1) of the Labour Code prohibits children under 16 years of age from signing an employment contract. It also noted the Government’s statement that the illegal employment of minors and the violation of their labour rights were frequent occurrences in the informal economy. This involved minors who washed cars, engaged in trading and performed auxiliary work. The Committee also noted the information from a study carried out by ILO–IPEC in 2009, within the framework of a project on street children in the region of St Petersburg, that children, some as young as 8 and 9 years old, were engaged in economic activities such as collecting empty bottles and recycling paper, transporting goods, cleaning workplaces, looking after property, street trading and cleaning cars. The Committee further noted that the Committee on Economic, Social and Cultural Rights expressed concern regarding the large number of children who live and work on the streets, in particular in the informal economy where they are vulnerable to abuse to such an extent that regular school attendance is severely restricted. The Committee recalled 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 relationship, and whether or not the employment or work is paid. In this regard, the Committee was of the view that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345).

While noting information provided by the Government in its report, the Committee notes with regret that, in spite of its repeated requests made for several years, the Government did not provide any information on the measures taken to address children working outside the scope of an employment contract or in the informal economy. The Committee therefore urges the Government to take the necessary measures to ensure that all children under 16 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee once again requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy. It once again requests the Government to provide information on the specific measures taken in this regard.

Application of the Convention in practice. Labour inspectorate. The Committee previously noted from the Government’s report that 2,717 inspections were carried out in 2012 to verify compliance with legislation relating to children under 18 years of age, and 498 such inspections were carried out in the first quarter of 2013. Accordingly, 2,479 violations were detected relating to persons under 18 years of age in 2012, and 288 such violations were detected during the first quarter of 2013. The Committee also noted the Government’s information that, in 2012, 1,101 notices were issued by the labour inspectors against employers for violations related to the employment of children, and nine cases were sent to the public prosecutor’s office; during the first quarter of 2013, 60 such notices were issued and eight cases were sent to the public prosecutor’s office. Most of the violations detected involved failure to conclude contracts, failure to include binding terms in the employment contracts, overtime work and failure to provide protective equipment and health and safety measures.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee therefore once again requests the Government to pursue its efforts to effectively address and eliminate child labour, and to provide information on the measures taken in this regard. The Committee also once again requests the Government to take the necessary measures to ensure that sufficient updated data on the situation of working children in the Russian Federation is made available, including the number of children working under the minimum age and the nature, scope and trends of their work. Lastly, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

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

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that section 63(1) of the Labour Code prohibits children under 16 years of age from signing an employment contract. It also noted the Government’s statement that the illegal employment of minors and the violation of their labour rights were frequent occurrences in the informal economy. This involved minors who washed cars, engaged in trading and performed auxiliary work. The Committee also noted the information from a 2009 study carried out by the ILO–IPEC, within the framework of a project on street children in the region of St. Petersburg, that children, some as young as 8 and 9 years old, were engaged in economic activities such as collecting empty bottles and recycling paper, transporting goods, cleaning workplaces, looking after property, street trading and cleaning cars. It further noted that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 June 2011, expressed concern regarding the large number of children who live and work on the streets, in particular in the informal economy where they are vulnerable to abuse to such an extent that regular school attendance is severely restricted (E/C.12/RUS/CO/5, paragraph 24). Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, the Committee urged the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy.

The Committee notes the information provided by the Government on the labour inspections carried out for the purpose of monitoring and supervising compliance with labour laws and on the violations detected with regard to the employment of children under the age of 18 years. However, the Committee notes with regret that, in spite of its repeated requests made since several years, the Government did not provide any information on the measures taken to address children working outside the scope of an employment contract or in the informal economy. The Committee 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 relationship, and whether or not the employment or work is paid. In this regard, the Committee is of the view that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 345). Noting with concern that a large number of children below the minimum age are working in the informal economy, the Committee urges the Government to take the necessary measures to ensure that all children under 16 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this regard, the Committee once again requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children carrying out economic activities without an employment relationship or in the informal economy. It requests the Government to provide information on the specific measures taken in this regard in its next report.

Parts IV and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee notes from the Government’s report that 2,717 inspections were carried out in 2012 to verify compliance with legislation relating to children under 18 years of age, and 498 such inspections were carried out in the first quarter of 2013. Accordingly, 2,479 violations were detected relating to persons under 18 years of age in 2012, and 288 such violations were detected during the first quarter of 2013. The Committee also notes the Government’s information that, in 2012, 1,101 notices were issued by the labour inspectors against employers for violations related to the employment of children, and nine cases were sent to the public prosecutor’s office; during the first quarter of 2013, 60 such notices were issued and eight cases were sent to the public prosecutor’s office. Most of the violations detected involved failure to conclude contracts, failure to include binding terms in the employment contracts, overtime work and failure to provide protective equipment and health and safety measures. The Committee accordingly urges the Government to pursue its efforts to effectively address and eliminate child labour, and to provide information on the measures taken in this regard. The Committee also requests the Government to take the necessary measures to ensure that sufficient updated data on the situation of working children in the Russian Federation is made available, including the number of children working under the minimum age and the nature, scope and trends of their work. The Committee finally requests the Government to continue providing information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope of application. Children working in the informal economy. The Committee previously noted that section 63(1) of the Labour Code prohibited children under 16 years of age from signing an employment contract. The Committee also noted the Government’s statement that the illegal employment of minors and the violation of their labour rights are frequent occurrences in the informal economy. This involves minors who wash cars, engage in trading and perform auxiliary work. The Committee subsequently noted the Government’s information regarding measures taken to prevent children from signing employment contracts in breach of the national labour legislation, but observed an absence of information regarding any measures taken to ensure that children who work without an employment contract enjoyed the protection afforded by the Convention.

The Committee once again notes an absence of information in the Government’s report regarding measures taken to address children working outside the scope of an employment contract or in the informal economy. However, the Committee notes the Government’s statement, in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that one of the most common violations detected by the state labour inspectorate involving persons under the age of 18 was the failure to conclude employment contracts in written form. The Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 June 2011, expressed concern regarding the large number of children who live and work on the streets, in particular in the informal sector where they are vulnerable to abuse to such an extent that regular school attendance is severely restricted (E/C.12/RUS/CO/5, paragraph 24). Recalling that the Convention applies to all branches of economic activity and covers all types of employment or work, the Committee urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. The Committee requests the Government to supply information on the specific measures taken in this respect in its next report.

Parts IV and V of the report form. Labour inspectorate and the application of the Convention in practice. The Committee previously noted the information from a 2009 study carried out by the ILO–IPEC, within the framework of a project on street children in the region of St. Petersburg, that children, some as young as 8 and 9 years old, were engaged in economic activities such as collecting empty bottles and recycling paper, transporting goods, cleaning workplaces, looking after property, street trading and cleaning cars.

The Committee notes the statement in the Government’s report that the Federal Labour and Employment Service (Rostrud) and its local departments (the state labour inspectorates) ensure the protection of the labour rights of minors in employment through their inspection activities. In this regard, the Committee notes the information in the Government’s report submitted under Convention No. 182 that 1,267 inspections were carried out in the first six months of 2010 to verify compliance with legislation relating to children under 18 and 564 such inspections were carried out in the first six months of 2011. The Government also indicates that in the first six months of 2010, 1,865 violations were detected relating to persons under 18, and 1,461 such violations were detected over the same period in 2011. Consequently, labour inspectors imposed fines amounting to 1,200,000 Russian roubles (RUB) in the first six months of 2010, and fines of RUB756,000 over the same period in 2011. The Committee therefore observes that significantly fewer inspections were carried out to verify compliance with legislation relating to children under 18 in the first six months of 2011 (564 such inspections detecting 1,461 violations) compared to the first six months of 2010 (1,267 inspections detecting 1,865 violations). The Committee accordingly urges the Government to strengthen its efforts to effectively address and eliminate child labour, including in the informal economy. Moreover, the Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in the Russian Federation is made available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. To the extent possible, all information provided should be disaggregated by sex and by age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 3, of the Convention. Definition of light work. In its previous comments the Committee noted that, under the terms of section 63(3) of the Labour Code, pupils who have reached 14 years of age may perform light work outside of school hours on the condition that a parent or guardian consents and the work does not affect their regular school attendance or endanger their health. The Committee notes the Government’s indication that the national legislation does not explicitly define types of light work but contains provisions which restrict or prohibit certain types of work for young persons and prescribe the number of hours that the latter may work (section 94 of the Labour Code). Furthermore, the Committee notes that any employer who concludes an employment contract with a young person who has reached 14 years of age is obliged to organize the work of the latter in such a way as to avoid disrupting his or her education. The employer is also obliged to ensure compliance with the provisions of the labour legislation relating to hours of work (section 92 of the Labour Code) and with the guarantees and compensations relating to education (Chapter 26 of the Labour Code). Hours of work and rest must be organized in such a way as to ensure that the regular school attendance of young persons is not affected.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph l, of the Convention. Scope of application. The Committee previously noted that section 63(1) of the Labour Code prohibited children under 16 years of age from signing an employment contract. It asked the Government to supply information on the measures taken or contemplated to ensure the application of the Convention to all types of work outside an employment relationship. The Committee noted the Government’s statement that the illegal employment of minors and the violation of their labour rights are frequent occurrences in the informal economy. This involves minors who wash cars, engage in trading and perform auxiliary work. The Committee therefore reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee notes the detailed statement in the Government’s report indicating the measures taken to prevent children from signing employment contracts in breach of the national labour legislation, particularly with regard to the minimum age for admission to employment in hazardous types of work. However, the Committee observes that the Government does not supply any information regarding the measures taken to ensure that children who work without having signed an employment contract enjoy the protection afforded by the Convention. The Committee therefore again requests the Government to take the necessary steps to ensure that the protection afforded by the Convention is enjoyed by children carrying out an economic activity without an employment contract, particularly self-employed children and children working in the informal economy, as soon as possible. The Committee requests the Government to supply information on the progress made in this respect in its next report.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to a study on child labour carried out in St. Petersburg (Leningrad) from May to October 2009 in the context of the ILO–IPEC project on street children in the St. Petersburg (Leningrad) regions, the 1,003 children who were interviewed were engaged in the following kinds of work: collecting empty bottles and recycling paper and beer bottles (58.6 per cent); transporting goods (25.4 per cent); cleaning workplaces (21.3 per cent); looking after property (14.3 per cent); street trading (10.4 per cent); and cleaning cars (2.6 per cent). The study also indicates that 22 per cent of boys started working at 8 or 9 years of age, compared with 5.8 per cent of girls, and 40 per cent of boys started working at 10 or 11 years of age, compared with 15.4 per cent of girls. While expressing its deep concern at the situation of children engaged in work, particularly in the informal sector, the Committee urges the Government to take the necessary steps to ensure that child labour for young persons under 16 years of age is abolished in practice. Furthermore, the Committee again requests the Government to supply information on the application in practice of the national legislation giving effect to the Convention, including extracts from official reports and information on the number and nature of reported infringements, particularly with regard to children under 16 years of age working in the informal sector.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 2, paragraph 3, of the Convention. Compulsory education. Following its previous comments, the Committee notes with interest the Government’s information that the “Act to amend certain legislative acts of the Russian Federation concerning making general secondary education compulsory” was passed in July 2007. According to this Act, full general secondary education up to the age of 18 years has become compulsory in the Russian Federation since 1 September 2007. It also notes the Government’s information that sections 92 and 94 of the Labour Code limit the maximum hours of work per day and per week of children between 14 and 18 years working and attending an educational institution. Furthermore, the Committee notes the Government’s information that the proportion of children between 7 and 16 years enrolled in school is over 93 per cent. According to the statistics supplied by the Government, the number of children not studying at educational institutions is on the decline (from 40,579 in 2004 to 27,960 in 2006).

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that under section 63(3) of the Labour Code a student of 14 years of age may perform light work outside of school hours provided that he/she has obtained the consent of a parent or guardian, and that the work does not prejudice his/her attendance at school and is not harmful to his/her health. It had noted the Government’s indication that the national legislation, while containing provisions which restrict or prohibit certain types of work for young persons and prescribe the number of hours during which such persons may work (section 94 of the Labour Code), does not determine directly the types of light work. Noting the absence of information on the measures taken to determine light work activities, as required by Article 7, paragraph 3, of the Convention, the Committee once again requests the Government to provide this information in its next report.

Article 8. Artistic performances. The Committee had previously noted that section 63(4) of the Labour Code authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations, and circuses provided that the employer obtains the consent of one parent or guardian. It notes with interest the Government’s information that section 63 of the Labour Code, as amended by Act No. 90-FZ of 30 June 2006, states that the conclusion of labour contracts between persons under 14 years of age and film organizations, theatres, theatrical or concern organizations or circuses for artistic performances which are not hazardous to the health or morals of children, requires – besides the consent of parents and guardians – the authorization from the guardianship and trusteeship bodies. These are governmental executive authorities that monitor compliance with labour legislation in relation to persons under 18 years. The authorization from the guardianship and trusteeship bodies stipulates the maximum daily hours of work and other conditions under which the work may be carried out.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 63(1) of the Labour Code prohibits children under 16 years of age from concluding a labour contract. It had asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes the Government’s statement that there are many cases of illegal employment of minors and violation of their labour rights in the informal economy. These include minors who wash cars, trade and perform auxiliary work. In this regard, the Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee therefore once again requests the Government to take the necessary measures to ensure that the protection established by the Convention is ensured for children carrying out an economic activity without a labour contract, such as self-employed children and children working in the informal economy.

2. Minimum age for admission to employment or work. The Committee had previously noted that section 63(1) of the Labour Code states that an employment contract may be concluded only with a person of at least 16 years of age. However, it had noted that according to section 63(2) of the Labour Code, a person of 15 years of age who has completed the basic general education or left the general educational establishment, may work. Noting that the minimum age for admission to employment or work of 16 years had been specified by the Russian Federation at the time of ratification, the Committee had requested the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation. The Committee notes with satisfaction the Government’s information that the Labour Code, as amended by Federal Act No. 90-FZ of 30 June 2006, stipulates that labour contracts may be concluded by persons aged 15 only for light work not likely to jeopardize their health, as long as they have completed basic general education and are continuing to participate in a non-classroom-based programme of general education, or have left an institution of general education in accordance with the Federal Law.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes that, according to the comprehensive statistical information provided by the Government, from 2004 to 2006 the employment rate among young persons between 15 and 17 years of age has fallen from 4.1 to 3.3 per cent. In this regard, statistics on the number of children between 15 and 17 years who study and work, disaggregated by educational level and sex, indicate that the number of children working were 293,070 in 2004, 262,160 in 2005, and 219,952 in 2006. They were mainly found working in qualified work in agriculture, forestry and hunting. The Committee requests the Government to continue to supply information on the practical application of the national legislation giving effect to the Convention, including extracts from official reports and information on the number and nature of contraventions reported, especially with regard to children under 16 years of age working in the informal sector.

The Committee is also addressing a direct request to the Government concerning certain other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 3. Compulsory education. The Committee had previously noted that, according to the information contained in UNESCO documents, school is compulsory for children aged 6 to 15 years. The Committee had considered the requirements of Article 2, paragraph 3, of the Convention fulfilled, since the minimum age for employment was not lower than the age of completion of compulsory schooling. The Committee was nevertheless of the view that compulsory education is one of the most effective means of combating child labour and considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee notes the Government’s information that, according to statistical data, the number of young persons who in practice complete their education at the age of 15 is very low. It also notes that the Government promotes the continuation of education after the completion of compulsory schooling.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that section 265, subsection (3), of the Labour Code of 2001 provides for a list of jobs prohibited for employees under 18 years of age to be approved according to the procedure set by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Committee of Social and Labour Relations. The Committee had also noted that Ordinance No. 283/P-9 of 10 September 1980 of the USSR State Committee Trade Unions provided for a list of hazardous types of work prohibited for persons under 18 years of age. Noting that the list of hazardous occupations dated back to 1980, the Committee had encouraged the Government to review the list of hazardous work in the light of advancing scientific and technological knowledge. The Committee notes with interest the Government’s information that a list of hazardous types of work, prohibited for persons under the age of 18, was approved by Government Decree No. 163 of 25 February 2000 (as amended by Government Decree No. 473 of 20 June 2001). This list contains 2,198 professions and workplaces in different sectors of the economy. The Committee asks the Government to provide a copy of Government Decree No. 473 of 20 June 2001.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that under section 63, subsection (3), of the Labour Code a student of 14 years of age may perform light work out of school hours provided that he/she has obtained the consent of a parent or guardian, and that the work does not prejudice his/her attendance at school and is not harmful to his/her health. The Committee had reminded the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It had requested the Government to indicate the measures taken or envisaged to determine light work activities and the conditions in which such employment or work may be undertaken. The Committee notes the Government’s indication that the national legislation does not determine directly the types of light work. However, it contains provisions which restrict or prohibit certain types of work for young persons and prescribe the number of hours during which such persons may work. Thus, according to section 94 of the Labour Code, workers of 15-16 years of age shall not work for more than 5 hours a day and students of 14 to 16 years, who combine work with studies, may work for not more than 2,5 hours a day. The Committee once again requests the Government to indicate the measures taken or envisaged to determine light work activities, as required by Article 7, paragraph 3, of the Convention.

Article 8. Artistic performances. The Committee had previously noted that section 63, subsection (4), of the Labour Code authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations, and circuses provided that the employer obtains the consent of one parent or guardian. However, the Committee had noted that no reference was made to the obligation to obtain an individual permit from the competent authority. Recalling that the specified minimum age for admission to employment or work in the Russian Federation is 16 years, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons of below 16 years of age to take part in artistic activities is granted in individual cases, as required by Article 8 of the Convention. The Committee notes the Government’s information that the competent authority may allow in individual cases the participation of persons under the age of 14 in artistic performances and may determine their working conditions only on condition of concluding a labour contract. The participation of young persons in artistic performances without a labour contract is prohibited by law. However, the Committee notes the absence of information on the obligation to obtain an individual permit from the competent authority for persons under the age of 16 who wish to participate in artistic activities. It reminds the Government that Article 8 of the Convention lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for such purposes as participation in artistic performances. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 16 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which and the conditions in which such employment or work is allowed.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that, by virtue of section 66 of the Labour Code, an employer shall keep service record books of all employees who have worked in the undertaking for more than five days. Section 66, subsection (2), of the Labour Code states that the book shall contain information about the employee, his/her work duties, and reasons for termination of the labour contract. The Committee had requested the Government to indicate whether the name and age or date of birth of employees younger than 18 years of age are stated in the service record book and whether the book is kept and made available by the employer, as required by Article 9, paragraph 3, of the Convention. The Committee notes the Government’s information that every employer must keep service record documents which contain information about his/her employees. One of these documents is a form T-2, approved by the Federal Statistics Service, which contains a column with the age of the employee. The Committee takes due note of this information.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee had previously noted that section 63(1) of the Labour Code prohibits children under 16 years of age from concluding a labour contract. Recalling that the Convention requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee had asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes that the Government’s report contains no information on this point. It once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee therefore once again requests the Government to provide information on the manner in which the protection established by the Convention is ensured for children carrying out an economic activity without a labour contract, such as self-employed children.

2. Minimum age for admission to employment or work. The Committee had previously noted that section 63(1) of the Labour Code states that an employment contract may be concluded only with a person of at least 16 years of age. However, it had noted that according to section 63(2), of the Labour Code a person of 15 years of age, who has completed the basic general education or left the general educational establishment, may work. The Committee had noted that a minimum age for admission to employment or work of 16 years had been specified by the Russian Federation at the time of ratification in accordance with Article 2, paragraph 1, of the Convention. It had asked the Government to indicate the measures taken or envisaged to ensure that access to employment of children under the age of 16 may be allowed exceptionally, and only for work that meets the criteria set out in Article 7 of the Convention. The Committee notes the absence of information in this regard. It once again reminds the Government that under Article 2, paragraph 1, of the Convention, no one under the minimum age for admission to employment or work specified upon ratification of the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is light work under Article 7 of the Convention. The Committee once again requests the Government to take the necessary steps to ensure that no one under the age of 16 may be admitted to employment or work in any occupation.

Part V of the report form. Practical application of the Convention. The Committee had previously noted the Government’s indication that persons under 18 years of age were often engaged in work under harmful and hazardous working conditions. It had also noted the Government’s statement to the United Nations Committee on the Rights of the Child in 1998 that the number of juveniles in unregulated employment was on the increase in towns, in connection with the development of the non-state sector of the economy, especially small private businesses. The Committee had requested the Government to provide information on any measures taken or envisaged to prevent children from working under harmful and hazardous conditions, and to continue to supply information on the practical application of the national legislation giving effect to the Convention, in particular in the non-state sector, including, for example, extracts from official reports, statistical data and the number and nature of contraventions reported.

The Committee notes the Government’s information in its report under Convention No. 182 that in 2004, state labour inspectors carried out more than 2,300 targeted inspections to ensure the observance of the labour rights of persons under the age of 18. These inspections identified and resolved more than 8,300 cases of violations. Disciplinary, administrative and penal sanctions were applied to the persons responsible for the labour law violations. The employment of persons under the age of 18 in hazardous types of work, in violation of section 265 of the Labour Code, was one of the most typical infringements of the labour law. The inspections also revealed that in small private businesses the cases of violation of the labour rights of persons under the age of 18 were frequent. The Committee also notes the Government’s information that in 2004 more than 8,000 under-aged persons worked in the registered private organizations, of whom 70 persons (0.9 per cent) performed their work in hazardous working conditions. It observes that the number of persons under age working in hazardous working conditions is less than it was in 2003 (390 persons) and in 2002 (655 persons). The Committee further notes the detailed statistics provided by the Government on the number of economically active population aged 15 to 17 in 2004. According to these statistics, 293,070 persons aged 15-17 were economically active in 2004. The Committee asks the Government to continue to supply information on the practical application of the national legislation giving effect to the Convention, including extracts from official reports, statistical data and the number and nature of contraventions reported.

The Committee is also addressing a direct request to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s reports, and requests the Government to supply further information on the following points.

Article 2, paragraph 3, of the Convention. Compulsory education. The Committee notes that, according to the information contained in UNESCO documents, school is compulsory for children aged 6 to 15 years. There accordingly appears to be a difference of one year between the age of completion of compulsory schooling (15 years) and the minimum age for admission to employment (16 years). The Committee considers that the requirements of Article 2, paragraph 3, of the Convention are fulfilled, since the minimum age for employment is not lower than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO, Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any developments in this regard.

Article 3, paragraph 3. Determination of hazardous work. The Committee notes that section 265, subsection (3) of the Labour Code of 2001 provides for a list of jobs prohibited for employees under 18 years of age, as well as the maximum permissible standards to be approved according to the procedure set by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Committee of Social and Labour Relations. The Committee also notes that Ordinance No. 283/P-9 of 10 September 1980 of the USSR State Committee Trade Unions provides for a list of production processes, occupations and tasks involving work of an arduous and hazardous nature prohibited for persons under 18 years of age. Noting that the list of hazardous occupations dates back to 1980, the Committee reminds the Government that, by virtue of Paragraph 10(2) of Recommendation No. 146 on minimum age, the list of the types of employment or work in question should be re-examined periodically and revised as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee accordingly encourages the Government to review the list of hazardous work pursuant to section 265, subsection (3), of the Labour Code of 2001.

Article 7, paragraph 3. Determination of light work. The Committee notes the Government’s statement in its report that under section 63, subsection (3), of the Labour Code of 2001 a student of 14 years of age may perform light work out of school hours provided that he/she has obtained the consent of a parent or guardian, and that the work does not prejudice his/her attendance at school and is not harmful to his/her health. It further notes that students under 16 years of age who work during the academic year outside school hours may not work more than eight hours a week (section 92, subsections (1) and (2), of the Labour Code of 2001). The Committee reminds the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged to determine light work activities and the conditions in which such employment or work may be undertaken.

Article 8. Participation in artistic performances. The Committee notes that section 63 subsection (4) of the Labour Code of 2001 authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations, and circuses provided that the employer obtains the consent of one parent or guardian. It observes that Order No. 017 of 12 July 1933 on the employment of children and young persons in the film industry lays down the working hours, breaks and working conditions that must be respected. However, the Committee notes that no reference is made to the obligation to obtain an individual permit from the competent authority. The Committee draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may by permits granted in individual cases allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. While noting that section 63(4) of the Labour Code of 2001 authorizes the employment of children under 14 years of age in the film industry, theatres, theatrical or concert organizations and circuses, the Committee recalls that the specified minimum age for admission to employment or work in the Russian Federation is 16 years. The Committee therefore requests the Government to indicate the measures envisaged or taken to ensure that approval for young persons of below 16 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which and the conditions in which such employment or work is allowed. The Committee also asks the Government to indicate whether provisions similar to those laid down in Order No. 017 of 12 July 1933 on the employment of children and young persons in the film industry, exist for children performing in circuses, theatres and concerts. It also asks the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Article 9, paragraph 3. Registers of employment. The Committee notes that, by virtue of section 66 of the Labour Code of 2001, an employer shall keep service record books of all employees who have worked in the undertaking for more than five days. Section 66, subsection (2), of the Labour Code of 2001 states that the book shall contain information about the employee, his/her work duties, and reasons for termination of the labour contract. The Committee recalls that by virtue of Article 9, paragraph 3, of the Convention, registers or other documents shall be kept and be made available by the employer, and shall contain the names 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 indicate whether the name and age or date of birth of employees younger than 18 years of age are stated in the service record book and whether the book is kept and made available by the employer.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its report. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 25 March 2003.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee takes note of section 63, subsection (1), of the Labour Code of 2001 which prohibits children under 16 years of age from concluding a labour contract. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Minimum age for admission to employment or work. The Committee had noted in its previous comments that the minimum age for employment was lowered to 15 years of age from the previous 16 years, by virtue of Federal Act No. 182-FZ of 24 November 1995. The Committee had pointed out that a minimum age for admission to employment or work of 16 years had been specified at the time of ratification in accordance with Article 2(1) of the Convention, and that the lowering of the existing minimum age was contrary to the principle of the Convention, which was to raise progressively the minimum age as provided for in Articles 1 and 2(2). The Committee notes with interest that the new Labour Code of 2001 entered into force on 1 February 2002. It notes with satisfaction that section 63, subsection (1), of the Labour Code of 2001 states that an employment contract may be concluded only with a person of at least 16 years of age. However, the Committee notes the Government’s indication that according to section 63, subsection (2), of the Labour Code of 2001 a person of 15 years of age, who has completed the basic general education or left the general educational establishment, may work. The Committee consequently asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of at least 15 years of age may be allowed exceptionally, and only for work that meets the criteria set out in Article 7 of the Convention.

Part V of the report form. The Committee had noted the Government’s indication that persons under 18 years of age were often engaged in work under harmful and hazardous working conditions, in violation of section 175 of the Labour Code of 1971 which prohibited hazardous work for persons younger than 18 years of age. It had noted that in 1999 state inspectors carried out more than 2,300 targeted inspections to ensure the observance of the labour rights of persons under age. These inspections identified and resolved 8,000 cases of violations. It had further noted the Government’s statement to the United Nations Committee on the Rights of the Child in 1998 that the number of juveniles in unregulated employment is on the increase in towns, in connection with the development of the non-state sector of the economy, especially small private businesses. The Committee once again requests the Government to provide information on any measures taken or envisaged to prevent children from working under harmful and hazardous conditions, and to continue to supply information on the practical application of the national legislation giving effect to the Convention, in particular in the non-state sector, including, for example, extracts from official reports, statistical data and the number and nature of contraventions reported.

In addition, a request regarding certain points is being addressed directly to the Government.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee noted in its previous comments that the minimum age for employment was lowered to 15 years of age from the previous 16, by virtue of federal Act No. 182-FZ of 24 November 1995. It pointed out that the minimum age for admission to employment or work of 16 years had been specified at the time of ratification in accordance with Article 2(1) of the Convention, and that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise progressively the minimum age as provided in Articles 1 and 2(2).

The Committee notes the indication in the Government’s report that in a draft of a new Labour Code which at present is under consideration at the State Duma, it is envisaged to restore the minimum age for admission to employment at the level of 16 years of age. It requests the Government to indicate any progress made in this regard, and also measures taken, pending the amendment of law, to ensure that the engagement in employment or work of children under 16 years of age is limited to the exceptions provided for in the Convention.

The Committee notes the indication in the Government’s report that in violation of section 175 of the Labour Code which prescribes work for which use of labour of persons younger than 18 years of age is prohibited, persons under age were often engaged in work under harmful and hazardous working conditions, and that state inspectors carried out in 1999 more than 2,300 targeted inspections to ensure the observance of the labour rights of persons under age, which identified and eliminated 8,000 cases of violations. It further notes that the Government states in its second periodic report submitted to the United Nations Committee on the Rights of the Child in 1998, that the number of juveniles in unregulated employment, in which their working rights and guarantees for the protection of health and morality are not always observed, is on the increase in the towns, in connection with the development of the non-state sector of the economy, especially small private businesses (paragraph 451 of CRC/C/65/Add.5).

The Committee requests the Government to provide information on any measures taken or envisaged to prevent children from working under harmful and hazardous conditions, and to continue to supply information on the practical application of the national legislation giving effect to the Convention, in particular in the non-state sector, including, for example, extracts from official reports, statistical data and the number and nature of the contravention reported (Part V of the report form).

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee noted in the previous comment that the minimum age for employment was lowered to 15 years of age from the previous 16, by virtue of federal Act No. 182-FZ of 24 November 1995. It pointed out that the minimum age for admission to employment or work of 16 years had been specified at the time of ratification in accordance with Article 2(1) of the Convention, and that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise progressively the minimum age as provided in Articles 1 and 2(2).

The Committee notes the indication in the Government's report that measures are being taken to change the minimum age for admission to employment or work to 16 years of age, namely by the new draft Labour Code of the Russian Federation, which has been submitted by the Ministry of Labour to the Government of the Russian Federation for examination. It requests the Government to indicate any progress made towards the amendment of the Code in this regard, and also measures taken, pending the amendment of law, to ensure that the engagement in employment or work of children under 16 years of age is limited to the exceptions provided for in the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with concern the indication in the report of the Government that the minimum age for employment was lowered to 15 years of age from the previous 16, by virtue of the federal Act No. 182-FZ of 24 November 1995. It recalls that the minimum age for admission to employment or work of 16 years was specified at the time of ratification in accordance with Article 2(1) of the Convention, and that the lowering of the existing minimum age is contrary to the principle of the Convention, which is to raise progressively the minimum age as provided in Articles 1 and 2(2). The Committee requests the Government to supply full information on the measures taken or envisaged to ensure that the engagement in employment or work of children under the age of 16 years is limited to the exceptions provided for in the Convention.

[The Government is asked to report in detail in 1997.]