Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C138

Observation

2013

Demande directe

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Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Relations Law only applied to labour relations between employers and employees established through an employment contract, and including remuneration. The Committee therefore observed that the provisions relating to the minimum age of admission to employment or work in the Labour Relations Law, did not apply to work performed outside of a formal labour relationship, such as self-employment or work in the informal sector. In this regard, the Committee noted the information from UNICEF of February 2008, that the majority of children engaged in child labour did so on an unpaid basis, both inside and outside of family undertakings.

The Committee notes the information in the Government’s report regarding legislative provisions governing self-employed persons, including provisions on individual traders, persons engaged in craftsmanship, and self-employed foreigners. The Committee also notes the Government’s indication that children working in a situation not meeting the requirements set forth in the Labour Relations Law are considered to be working in the informal sector. The Government also states that it is the Government’s policy and aim to prevent the misuse of child labour, as well as the negative impact of these types of work.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 23 June 2010, expressed concern regarding the incidence of child labour in the informal sector, including in street vending at intersections, on street corners and in restaurants (CRC/C/MKD/CO/2, paragraph 69). The Committee accordingly requests the Government to take measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working in the informal economy. In this regard, the Committee encourages the Government to take measures to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal sector.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that 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 requested 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.

The Committee notes the information in the Government’s report that a draft regulation defining the activities prohibited for workers under 18 years of age has been developed and is in the process of being enacted. The Committee notes the Government’s indication that the regulation contains detailed list of jobs that are prohibited for persons under the age of 18. This list includes: activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. This list also includes jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres. The Committee requests the Government to take the necessary measures to ensure that this draft regulation, containing the list of types of work prohibited to persons under the age of 18, is enacted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Article 7. Light work. The Committee previously noted the information in 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 indicated that 11.7 per cent of 13 year olds and 12.4 per cent of 14 year olds were engaged in economic activities, and that the vast majority of these children also attended school.

The Committee notes that, pursuant to section 18(2) of the Labour Relations Law, a person under the age of 15 who has not completed compulsory school may work for a maximum of four hours a day in activities determined by law. In this regard, the Committee reminds the Government that Article 7(1) of the Convention, permits children between the ages of 13 and 15 to engage in light work and that pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted. The Committee requests the Government to provide information on whether the types of economic activities permitted to persons under the age of 15 have been determined, pursuant to section 18(2), and to provide a copy of any legislation relevant in this regard. In addition, observing that there appears to be no minimum age of 13 years for the light work permitted under section 18 of the Labour Relations Law, the Committee requests the Government to indicate the measures taken or envisaged to permit light work for persons only over the age of 13.

Article 8. Artistic performances. The Committee previously noted that the Labour Relations Law provides that a child under 15 may participate (for remuneration) in films or cultural, artistic, sporting and advertising activities. Permission for this purpose shall be granted on the basis of the child’s representative’s request, following a review of the child’s situation. The Committee reminded the Government 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 notes that pursuant to section 18(4) and (5) of the Labour Relations Law, approval is necessary from the labour inspection for a person under the age of 15 to participate in cultural and artistic activities. Section 18(5) states that approval is granted upon the request of the organizer of a cultural or artistic activity, following the consent of the child’s legal representative and after the labour inspectors have carried out an assessment of the establishment where the activities will take place. Lastly, the Committee notes that, pursuant to section 18(2) of the Labour Relations Law, any person under the age of 15 who is permitted to work may only work for a maximum of four hours a day.

Article 9(3). Keeping of registers. The Committee previously requested 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.

The Committee notes the information in the Government’s report that the Law on Keeping Labour Records requires an employer to keep specific worker records for all employees, regardless of age. The Government states that this worker record includes, inter alia, the workers’ full name and their date of birth. The Government indicates that the employer shall start an employee work record on the day which employment commences, and that the state labour inspectorate also keeps this record. The Committee requests the Government to provide a copy of the Law on Keeping Labour Records, with its next report.

Part III of the report form. Labour inspectorate. The Committee previously requested information on the performance of labour inspections by the state labour inspectorate in practice, concerning the monitoring of child labour.

The Committee notes the information in the Government’s report that the state labour inspectorate conducted 34,045 inspections in 2010. The Government indicates that no cases of persons under the age of 15 at work were found in the course of these inspections. The Committee also notes the Government’s indication that in 2010, labour inspectors received and responded to 2,131 requests regarding the protection of labour rights, and that none of these requests concerned persons under the age of 15.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information from the Multiple Indicator Cluster Survey of 2005–06, that while there are some children between the ages of 5 and 14 engaged in economic activity, the vast majority of these children were also attending school, with less than 1 per cent of children under 15 engaged only in economic activity.

The Committee notes the detailed statistical information provided in the Government’s report, indicating that in 2008 there were 11,159 persons employed between the ages of 15 and 19, and 9,558 such persons in 2009. The Committee requests the Government to continue to provide 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 young persons between the ages of 15 and 18, and where possible, information on the number of children working below the minimum age.