Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 138) sur l'âge minimum, 1973 - Tadjikistan (Ratification: 1993)

Autre commentaire sur C138

Observation

Demande directe

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Previous comments: observation and direct request

Article 2(1) of the Convention. Minimum age for admission to employment or work. For many years, the Committee has been drawing the Government’s attention to the need to amend the provisions of the national legislation to ensure that the minimum age for admission to employment or work is 16 years, as specified by the Government at the time of ratification. The Government replies in its report that the minimum age for admission to employment of 15 years established by section 21(2) of the Labour Code of 2016 is in line with Article 2(3) of the Convention, which states that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. The Government further indicates that the age of completion of compulsory schooling is 15 years in Tajikistan, and raising the minimum age for admission to employment could contribute to unemployment and social tensions, given the high proportion of youth population in the country. The Government however indicates that the issue of the minimum age for admission to employment will be discussed in the framework of the elaboration of the bill amending the Labour Code.

The Committee recalls that in accordance with Article 2(1) of the Convention, the Government specified the minimum age for admission to employment of 16 years at the time of ratification of the Convention. Recalling that the Convention does not permit the lowering of the minimum age once specified, the Committee notes with concern that the minimum age for admission to employment remains set at 15 years in Tajikistan. The Committee once again strongly urges the Government to take the necessary measures to bring section 21(2) of the Labour Code of 2016 into conformity with Article 2(1) of the Convention by raising the minimum age for admission to employment to 16 years. The Committee requests the Government to provide information on any progress made in this respect.

Scope of application and labour inspection. The Committee takes note of the Government’s indication that the State Supervisory Service for Labour, Migration and Employment (SILME) has a separate plan of inspections carried out jointly with law enforcement agencies to monitor compliance with the labour legislation on the employment of young persons and to prevent child labour. In this respect, 309 inspections were carried out by the SILME, in cooperation with local authorities, prosecutors, tax authorities and the media during 2016–22. The inspections identified 511 cases of child labour, involving 324 boys and 187 girls. The identified violations of the labour legislation included the absence of a written employment contract or written parental consent to employ a young person as well as non-compliance with working hours regulations. Referring to its detailed comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to take measures to strengthen the capacity and expand the reach of the SILME to effectively monitor and detect cases of child labour, particularly in the informal economy. It requests the Government to continue to provide information on the number of inspections related to child labour that have been carried out by the SILME as well as on the number and nature of violations detected, and the penalties applied.

Article 8. Artistic performances. The Committee notes the Government’s reference to section 21(3) of the Labour Code of 2016, which allows for the conclusion of an employment contract with parental consent with children under 15 years of age to take part in theatrical performances, filmmaking, concerts, circus programmes and other creative performances that do not involve harm to their health or moral development and do not disrupt their education. According to the Government, these provisions of the Labour Code have direct effect and there is no need for additional regulations.

The Committee recalls that Article 8 of the Convention allows the participation of children under the minimum age for admission to employment or work in artistic performances only subject to the granting of a permit by the competent authority in individual cases. Permits so granted shall limit the number of hours during which and prescribe conditions in which such employment or work is allowed. The Committee therefore points out that section 21(3) of the Labour Code does not ensure the full application of the provisions of Article 8 of the Convention. The Committee reiterates its request to the Government to take the necessary measures to regulate the participation of children under the minimum age for admission to employment or work in artistic performances, in line with the requirements of Article 8 of the Convention.

Application of the Convention in practice. The Government indicates that the child labour monitoring system, which aims to identify and prevent child labour, has proven to be an effective mechanism in Tajikistan. More than 900 children aged between 15 and 17 have been identified and removed from child labour by the child labour monitoring committees. The work of the child labour monitoring committees also includes conducting awareness-raising activities and facilitating young people’s access to vocational education and training. The Government also refers to the latest available data indicating that the number of working children fell by 10 per cent between 2012 and 2016. The Government further indicates that the next national child labour survey is scheduled for the second half of 2023. The Committee requests the Government to pursue its efforts towards the progressive elimination of child labour, including in hazardous work, and to continue to provide information on the number of children identified and removed from child labourby the child labour monitoring committees. It also requests the Government to provide information on the findings of the next national child labour survey, including updated statistics on the nature, extent and trends of child labour.