Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 138) sur l'âge minimum, 1973 - Ukraine (Ratification: 1979)

Autre commentaire sur C138

Observation

Demande directe

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Article 7(3) of the Convention. Determination of light work. The Committee notes that section 124(3) of the draft Labour Code, defines light work as work that poses no danger to health, life, physical or psychological development of a child and does not interfere with his/her education. This section further indicates that the list of types of light work shall be issued by the central government authority. The Committee requests that the Government indicate the measures taken or envisaged to determine light work activities which may be performed by children from the age of 14 years, pursuant to section 124(3) of the draft Labour Code.

Article 8. Artistic performances. Following its previous comments, the Committee notes that according to section 20(5) of the draft Labour Code, children under the age of 14 years shall be allowed, by a written consent of either parents or guardians, to participate in activities pertaining to cinematography, theatre, concerts and shows and other creative organizations or other pieces of art that are not harmful to their health, moral development and training, provided that the permission for such employment is granted by the children’s authority and that the labour conditions and remuneration are agreed upon by the authority. The Committee notes that although section 131 of the draft Labour Code which deals with reduced working hours prescribes the working hours for children of 14 years and above, it does not establish the working hours for children under 14 years for artistic performances. The Committee once again reminds the Government that, under the terms of Article 8 of the Convention, the competent authority may grant individual work permits to children under the minimum age for admission to employment or work for participation in activities such as artistic performances, and these permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests that the Government indicate whether permission for artistic performances by children under the age of 14 years is granted by the children’s authority on the basis of individual permits and whether such permits also limit the number of hours for such authorized work, in conformity with Article 8 of the Convention.