Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted, that at the time of ratification, Tajikistan had specified a minimum age of 16 years for admission to employment or work. The Committee had, however, noted that section 174 of the new Labour Code (Act of 15 May 1997) only prohibits the employment of persons under the age of 15 years in contrast to section 180 of the previous Labour Code of 1973 which fixed the minimum age of 16 years. The Committee notes the Government’s indication that, in accordance with sections 27 and 174 of the Labour Code of 1997, the conclusion of a labour contract and admission to employment or work is allowed only with respect to persons of not less than 15 years of age. Section 174 further permits the employment of children of 14 years of age with the consent of their parents or guardian, in light work provided that such employment is not dangerous or harmful to their health or is not prejudicial to attendance at school. The Committee recalls that, by virtue of Article 2(1) of the Convention, no one under the minimum age for admission to employment or work, specified upon ratification of the Convention (16 years), shall be admitted to employment or work in any occupation except for light work as authorized under Article 7 of the Convention. It further reminds the Government that Article 2(2) of the Convention foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared. The Committee therefore once again requests the Government to take immediate measures, pursuant to its declaration under Article 2 of the Convention, to fix the minimum age for employment or work at 16 years, with the exception of light work.

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