Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (Russian, English, French). Child labor International and Russian legislation on the legal regulation of the labor of minors International standards on the prohibition of child labor

CONVENTION*
on the prohibition and immediate measures to eradicate
the worst forms of child labor

Convention 182

________________
* The Convention entered into force for the Russian Federation on March 25, 2004.

General Conference of the International Labor Organization,

convened at Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 1 June 1999,

Considering it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international cooperation and international assistance, which would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour,

Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from all work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families,

Recalling the child labor revolution adopted by the 83rd session of the International Labor Conference in 1996,

Recognizing that child labor is to a large extent a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and education for all,

Recalling the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20 November 1989,

Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation adopted by the 86th session of the International Labor Conference in 1998,

Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the Forced Labor Convention, 1930 and ,

Deciding to adopt a number of proposals on child labor, which is the fourth item on the agenda of the session,

Having determined that these proposals shall take the form of an international convention,

Adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Article 1

Each Member which ratifies this Convention shall immediately take effective measures to secure, as a matter of urgency, the prohibition and elimination of the worst forms of child labour.

Article 2

For the purposes of this Convention, the term "child" applies to all persons under 18 years of age.

Article 3

For the purposes of this Convention, the term "worst forms of child labour" includes:

(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;

b) using, recruiting or offering a child for prostitution, for the production of pornographic products or for pornographic performances;

(c) The use, recruitment or offering of a child for illegal activities, in particular for the production and sale of drugs, as defined in the relevant international instruments;

(d) work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of children.

Article 4

1. National legislation or the competent authority shall, after consultation with the organizations of employers and workers concerned, determine the types of work referred to in paragraph (d) of Article 3, taking into account relevant international standards, in particular the provisions of paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour.

2. The competent authority, after consultation with the organizations of employers and workers concerned, shall determine the places where the types of work so determined are carried out.

3. The list of types of work determined in accordance with paragraph 1 of this article shall be periodically analyzed and, as necessary, revised after consultation with the organizations of employers and workers concerned.

Article 5

Each Member, after consultation with employers' and workers' organizations, shall establish or designate appropriate mechanisms to control the application of the provisions giving effect to this Convention.

Article 6

1. Each Member State shall develop and implement programs of action to eliminate, as a matter of priority, the worst forms of child labour.

2. Such action programs shall be drawn up and implemented in consultation with the relevant government departments and employers' and workers' organizations, taking into account, as appropriate, the views of other interested groups.

Article 7

1. Each Member shall take all measures necessary to ensure the effective application and enforcement of the provisions giving effect to this Convention, including through the imposition and enforcement of criminal or, as the case may be, other sanctions.

2. Each Member State, bearing in mind the importance of education in the elimination of child labour, shall take measures within a specified time frame to:

a) avoiding the involvement of children in the worst forms of child labour;

(b) Provision of necessary and appropriate direct assistance to bring children out of the worst forms of child labour, as well as to their rehabilitation and social integration;

(c) Providing all children freed from the worst forms of child labor with access to free basic education and, where possible and necessary, vocational training;

(d) identifying and reaching out to children in particularly vulnerable situations; And

(e) Taking into account the special situation of girls.

3. Each Member shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Article 8

Member States shall take the necessary measures to assist each other in giving effect to the provisions of this Convention, using for this purpose wider international cooperation and/or assistance, including support for social and economic development, anti-poverty programs and universal education.

Article 9

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 10

1. This Convention shall be binding only on those Members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It shall enter into force 12 months after the date of registration by the Director-General of the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force for each State Member of the Organization 12 months after the date of registration of its instrument of ratification.

Article 11

1. Each Member which has ratified this Convention may, after ten years from the date of its original entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labor Office for registration. The denunciation will take effect one year after the date of its registration.

2. For each Member of the Organization which has ratified this Convention and, within one year after the expiration of the ten years referred to in the preceding paragraph, has not exercised the right of denunciation provided for in this Article, the Convention shall remain in force for another ten years and may subsequently denounce it at expiration of each decade in the manner provided for in this Article.

Article 12

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation addressed to him by Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification which he has received, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 13

The Director-General of the International Labor Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 14

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and shall consider the advisability of including in the agenda of the Conference the question of its complete or partial revision.

Article 15

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention:

(a) The ratification by any Member of the Organization of a new revising Convention shall automatically entail, notwithstanding the provisions of Article 11, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new revising convention, this Convention shall be closed for ratification by the Members of the Organization.

2. This Convention shall in any case remain in force in form and substance for those Members of the Organization which have ratified it but have not ratified the Revising Convention.

Article 16

The English and French texts of this Convention shall be equally authentic.

Geneva, 17 June 1999.

(Signatures)

Ratified by the Federal Assembly (Federal Law of February 8, 2003 N 23-FZ - "Bulletin of International Treaties" N 4 for 2003)

The text of the document is verified by:
"Bulletin of International Treaties",
No. 8, August 2004

One of the most important tools available to the ILO in the fight against child labor is the adoption International labor conventions and recommendations. The ILO adopted its first convention on child labor in 1919, the year it was founded. A few years later, a number of conventions (9) were adopted, setting the minimum age for the admission of children to work in various industries. Some of the latest and most comprehensive ILO standards on child labor are the Minimum Age Convention, 1973, No. 138 and its corresponding Recommendation, No. 146, as well as the Worst Forms of Child Labor Convention, 1999, No. 182, and Recommendation, No. 190.

Minimum Age Convention No. 138, supplemented by Recommendation No. 146, obliges ratifying States to pursue national policies aimed at the effective elimination of child labor and gradually raise the minimum age for employment. The Convention is a flexible and dynamic instrument that establishes a minimum age for admission to work depending on the type of work and the level of development of the country.

The Convention lays down the principle that the minimum age should not be less than the age of completion of compulsory schooling and in no case less than 15 years, and that the minimum age should be gradually raised to a level that coincides with the age at which young people reach full physical and mental development.

The main goal of Convention No. 138 is the effective elimination of child labour. It is a key tool in a coherent strategy to combat it, while Recommendation No. 146 provides a broad framework and the necessary political measures to both prevent and eliminate the problem.

In June 1999, the International Labor Conference unanimously adopted a new Child Labor Convention.

The Worst Forms of Child Labor Convention No. 182 reflects the general consensus that the worst forms of child labor must end immediately.

In the history of the ILO, this convention has the highest rate of ratification. By March 2002, it had been ratified by 117 countries, including 6 CIS countries.

Convention No. 182 applies to all children, girls and boys under the age of 18 and does not provide for exceptions for any sectors of the economy or categories of workers. She calls for "immediate and effective action to prohibit and eradicate the worst forms of child labour."

Convention No. 182 defines as the worst forms of child labor such as:

slavery and forced labour, including child trafficking and forced recruitment for participation in armed conflicts;

child prostitution and pornography;

production and sale of drugs;

work that is likely to harm the health, safety or morals of children.

The Convention reserves the right for national governments to determine the existing hazardous work prohibited by the Convention, this should be done in consultation with employers' and workers' organizations, taking into account existing international standards.

It should be noted that child labor is especially often used in agriculture, which has long become a tradition for many regions of Russia. Article 16 of the Convention on Safety and Health in Agriculture No. 184 reflects the provisions of Conventions Nos. 138 and 182 regarding hazardous work. It sets 18 as the minimum age for access to hazardous work in agriculture.

Another ILO Convention that is key in protecting children from some of the worst forms of exploitation is Forced Labor Convention 1930 No. 129, one of the main and most widely ratified ILO Conventions.

The Minimum Age Convention No. 138, the Worst Forms of Child Labor Convention No. 182 and the Forced Labor Convention No. 129 are regarded as core, or base, Conventions of the ILO. All of them are included in the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labor Conference in 1998.

The Declaration states that all member States of the ILO have an obligation to observe and promote the application of the principles expressed in these Conventions, whether they have ratified them or not.

There is a significant number of international agreements relevant to child labor issues. The most significant of these is the 1989 UN Convention on the Rights of the Child. It seeks to protect a wide range of children's rights, including the right to education and the right to be protected from economic exploitation. This Convention is the most ratified in history, but several countries still have to accept it.

The General Conference of the International Labor Organization, convened in Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 17 June 1999, Deeming it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international co-operation and international assistance that would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour, Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from any work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families, recalling the resolution on the abolition of child labor adopted by the 83rd session of the International Labor Conference in 1996, Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and universal education, Recalling the Convention on the Rights of the Child adopted by the General Assembly United Nations on 20 November 1989, Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation adopted by the 86th Session of the International Labor Conference in 1998, Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the 1930 Forced Labor Convention and the 1956 United Nations Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, Deciding to adopt a series of proposals on child labor, which is the fourth item on the agenda of the session, Deciding to give this suggestion The following convention shall take the form of an international convention, this seventeenth day of June of the year one thousand nine hundred and ninety-nine, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Each Member which ratifies this Convention shall immediately take effective measures to secure, as a matter of urgency, the prohibition and elimination of the worst forms of child labour.

For the purposes of this Convention, the term "child" applies to all persons under 18 years of age.

For the purposes of this Convention, the term "worst forms of child labour" includes:

(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;

b) using, recruiting or offering a child for prostitution, for the production of pornographic products or for pornographic performances;

C) the use, recruitment or offering of a child to engage in illegal activities, in particular for the production and sale of drugs, as defined in relevant international instruments;

(d) work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of children.

1. National legislation or the competent authority shall determine, after consultation with the organizations of employers and workers concerned, the types of work referred to in paragraph (a) of Article 3, taking into account relevant international standards, in particular the provisions of paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour.

2. The competent authority, after consultation with the organizations of employers and workers concerned, shall determine the places where the types of work so determined are carried out.

1. Each Member State shall develop and implement programs of action to eliminate, as a matter of priority, the worst forms of child labour.

2. Each Member State, bearing in mind the importance of education in the elimination of child labour, shall take measures within a specified time frame to:

a) preventing children from being involved in the worst forms of child labour;

(b) Provision of necessary and appropriate direct assistance to bring children out of the worst forms of child labour, as well as to their rehabilitation and social integration;

(c) Providing all children freed from the worst forms of child labor with access to free basic education and, where possible and necessary, vocational training;

D) identifying and reaching out to children in particularly vulnerable situations; And

(e) Taking into account the specific situation of girls.

3. Each Member shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration

1. This Convention shall be binding only on those Members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It shall enter into force 12 months after the date of registration by the Director-General of the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

The English and French texts of this Convention shall be equally authentic.

It is customary to classify on various grounds, including the body that adopted them, legal force (mandatory and recommendatory), scope (bilateral, local, universal).

Covenants and conventions of the United Nations are binding on all countries that ratify them. The International Labor Organization adopts two types of acts containing standards of legal regulation of labor: conventions and recommendations. conventions are international agreements and are binding on countries that have ratified them. In case of ratification of the convention, the state takes the necessary measures for its implementation at the national level and regularly submits reports to the Organization on the effectiveness of such measures. Under the ILO Constitution, the ratification of a convention by a State cannot affect national rules more favorable to workers. For conventions that have not been ratified, the Governing Body may request information from the state on the state of national legislation and practice in its application, as well as on measures to be taken to improve them. Recommendations do not require ratification. These acts contain provisions clarifying, detailing the provisions of the conventions, or a model for regulating social and labor relations.

At present, the ILO's approach to the creation of conventions has been decided to be somewhat modified in order to ensure greater flexibility in legal regulation. Framework conventions will be adopted containing minimum guarantees for workers' rights, supplemented by appropriate annexes. One of the first such acts was Convention No. 183 "On the revision of the Maternity Protection Convention (Revised), 1952". A number of important provisions on maternity protection are contained in the relevant Recommendation. This approach makes it possible to encourage countries with an insufficient level of protection of social and labor rights to ratify this Convention and thereby ensure the minimum guarantees enshrined in it. Some developing countries fear an undue burden on employers as a result of the ratification of ILO conventions. For economically more developed countries, these conventions set guidelines for increasing the level of guarantees. A study of the experience of the ILO shows that states do not ratify certain conventions for various reasons, including cases when, at the national level, a higher level of protection of workers' rights is already provided by legislation or practice.

The main directions of international legal regulation of labor

The International Labor Organization is actively norm-setting activity. During its existence, 188 conventions and 200 recommendations were adopted.

Eight ILO conventions are classified as fundamental. They enshrine the basic principles of legal regulation of labor. These are the following conventions.

Convention No. 87 on Freedom of Association and Protection of the Right to Organize (1948), Convention No. 98 on the Application of the Principles of the Right to Organize and Collective Bargaining (1949) establish the right of all workers and employers without prior authorization create and join organizations. Public authorities must not restrict or hinder this right. Measures are envisaged to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers' and employers' organizations against interference in each other's affairs.

Convention No. 29 "Regarding forced or compulsory labor" (1930) contains a requirement to abolish the use of forced or compulsory labor in all its forms. Forced or compulsory labor is any work or service which is required from a person under the threat of punishment and for which this person has not offered his services voluntarily. A list of jobs that are not included in the concept of forced or mandatory labor is defined.

Convention No. 105 "On the Abolition of Forced Labor" (1957) tightens the requirements and establishes the obligations of states not to resort to any form of it as:

means of political influence or education or as a measure of punishment for the presence or expression of political views or ideological convictions that are contrary to the established political, social or economic system;
method of mobilization and use of labor for economic development;
means of maintaining labor discipline;
means of punishment for participating in strikes;
measures of discrimination on grounds of race, social and national identity or religion.

Convention No. 111 "Regarding Discrimination in Employment and Occupation" (1958) recognizes the need for a national policy aimed at eliminating discrimination in employment, training on grounds of race, color, sex, creed, political opinion, national or social origin .

Convention No. 100 "Regarding Equal Remuneration for Men and Women for Work of Equal Value" (1951) requires States to promote and ensure the implementation of the principle of equal remuneration for men and women for work of equal value. This principle may be applied by national legislation, any system of remuneration established or recognized by law, collective agreements between employers and workers, or a combination of various methods. This also provides for the adoption of measures that contribute to an objective assessment of the work performed on the basis of the labor expended. The Convention deals with the issue of basic wages and other remuneration provided directly or indirectly in money or in kind by an employer to a worker by virtue of the performance of a certain work by the latter. It defines equal pay for work of equal value as remuneration determined without discrimination based on sex.

Convention No. 138 "Minimum Age for Admission to Employment" (1973) was adopted to eliminate child labour. The minimum age for employment should not be lower than the age of completion of compulsory education.

Convention No. 182 “On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor” (1999) obliges states to immediately take effective measures to prohibit and eliminate the worst forms of child labor. Purposeful activity of the ILO in the last two decades, as well as the adoption of the Declaration of 1944, contributed to an increase in the number of ratifications of these conventions.

There are four other conventions that the ILO has prioritized:

No. 81 "On Labor Inspection in Industry and Commerce" (1947) - establishes the obligation of states to have a system of labor inspection in industrial enterprises to ensure the application of legal provisions relating to working conditions and the protection of workers in the course of their work. It defines the principles of organization and activities of inspections, the powers and duties of inspectors;
No. 129 "On Labor Inspection in Agriculture" (1969) - based on the provisions of Convention No. 81, formulates provisions on labor inspection, taking into account the specifics of agricultural production;
No. 122 "On Employment Policy" (1964) - provides for the implementation by ratifying states of an active policy to promote full, productive and freely chosen employment;
No. 144 "On tripartite consultations to promote the application of international labor standards" (1976) - provides for tripartite consultations between representatives of government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.

In general, the following can be distinguished main directions of legal regulation ILO:

fundamental human rights;
employment;
social politics;
labor regulation;
labor relations and working conditions;
social Security;
legal regulation of the labor of certain categories of workers (special attention is paid to the prohibition of child labor, labor protection of women; a significant number of acts are devoted to the regulation of the labor of sailors, fishermen and some other categories of workers).

The adoption of new generation conventions is due to a significant number of ILO acts and the urgent need to adapt the standards contained in them to modern conditions. They represent a kind of systematization of international legal regulation of labor in a certain area.

Throughout its history, the ILO has given considerable attention to the regulation of the labor of seafarers and workers in the fishing sector. This is due to the nature and working conditions of these categories of persons, which especially require the development of international standards of legal regulation. About 40 conventions and 29 recommendations are devoted to the regulation of the labor of seafarers. In these areas, first of all, the new generation of IOD conventions were developed: “Labor in maritime navigation” (2006) and “On labor in the fishing sector” (2007). These conventions should provide a qualitatively new level of protection of the social and labor rights of these categories of workers.

The same work has been carried out in relation to labor protection standards - it is about the ILO Convention No. 187 "On the Fundamentals Promoting Safety and Health at Work" (2006), supplemented by the corresponding Recommendation. The Convention stipulates that the state that has ratified it promotes the continuous improvement of occupational safety and health in order to prevent occupational injuries, occupational diseases and deaths at work. To this end, in consultation with the most representative organizations of employers and workers at the national level, an appropriate policy, system and program are being developed.

The National Safety and Hygiene System includes:

regulatory legal acts, collective agreements and other relevant acts on occupational safety and health;
activities of the body or department responsible for occupational safety and health issues;
mechanisms to ensure compliance with national laws and regulations, including systems of inspection;
measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as a main element of preventive measures at work.

The Recommendation on a Framework for Promoting Occupational Safety and Health supplements the provisions of the Convention and aims to promote the development and adoption of new instruments, the international exchange of information in the field of occupational safety and health.

In the field of regulation of labor relations, conventions on termination of employment and protection of wages are of great importance. ILO Convention No. 158 “On Termination of Employment at the Initiation of the Employer” (1982) was adopted to protect workers from termination of employment without legal grounds. The Convention enshrines the requirement of justification - there must be a legal basis related to the abilities or behavior of the worker or caused by production necessity. It also lists reasons that are not legal grounds for termination of employment, including: membership in a trade union or participation in trade union activities; intention to become a workers' representative; performing the functions of a representative of the breastfeeding; filing a complaint or participating in a case initiated against an entrepreneur on charges of violating the law; discriminatory grounds - race, skin color, sex, marital status, family responsibilities, pregnancy, religion, political views, nationality or social origin; absence from work while on maternity leave; temporary absence from work due to illness or injury.

The Convention sets out both the procedures to be applied before and during the termination of an employment relationship and the procedure for appealing against a dismissal decision. The burden of proving the existence of a legal basis for dismissal rests with the entrepreneur.

The Convention provides for a worker's right to a reasonable notice of a planned termination of employment, or the right to monetary compensation in lieu of a warning, unless he has committed a serious misconduct; the right to severance pay and/or other types of income protection (unemployment insurance benefits, unemployment funds or other forms of social security). In the event of unjustified dismissal, the impossibility of canceling the decision to dismiss and reinstate the employee in his previous job, it is assumed that appropriate compensation or other benefits will be paid. In case of termination of employment relations for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as the relevant state body about this. States at the national level may impose certain restrictions on mass layoffs.

The ILO Convention No. 95 “On the Protection of Wages” (1949) contains a significant number of rules aimed at protecting the interests of workers: on the form of payment of wages, on the limitation of payment of wages in kind, on the prohibition of employers to restrict the freedom to dispose of their wages according to discretion and a number of other important provisions. In Art. Article 11 of this Convention stipulates that in the event of bankruptcy of an enterprise or its liquidation in a judicial proceeding, workers will enjoy the position of privileged creditors.

The International Labor Organization has also adopted Convention No. 131 "On the establishment of minimum wages with particular regard to developing countries" (1970). Under it, States undertake to introduce a system of minimum wage fixing covering all groups of employees whose working conditions make it appropriate to apply such a system. The minimum wage under this Convention "has the force of law and is not subject to reduction." When determining the minimum wage, the following factors are taken into account:

the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social benefits and the comparative standard of living of other social groups;
economic considerations, including economic development requirements, productivity levels, and the desirability of achieving and maintaining high levels of employment. Appropriate measures are taken to ensure the effective application of all minimum wage provisions, such as proper inspection, supplemented by other necessary measures.

List of ILO conventions in force in the Russian Federation

1. Convention No. 11 “On the right to organize and unite workers in agriculture” (1921).

2. Convention No. 13 “On the use of white lead in painting” (1921).

3. Convention No. 14 “On weekly rest in industrial enterprises” (1921).

4. Convention No. 16 “On Compulsory Medical Examination of Children and Adolescents Employed on Board Ships” (1921).

5. Convention No. 23 “On the Repatriation of Seafarers” (1926).

6. Convention No. 27 “On the indication of the weight of heavy goods carried on ships” (1929).

7. Convention No. 29 “On Forced or Compulsory Labor” (1930).

8. Convention No. 32 “On the protection against accidents of workers engaged in the loading or unloading of ships” (1932).

9. Convention No. 45 “On the employment of women in underground work in mines” (1935).

10. Convention No. 47 “On the reduction of working hours to forty hours a week” (1935).

11. Convention No. 52 “On annual holidays with pay” (1936).

12. Convention No. 69 “On the Issuance of Qualification Certificates to Ship's Cooks” (1946).

13. Convention No. 73 on the Medical Examination of Seafarers (1946).

14. Convention No. 77 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work in Industry” (1946).

15. Convention No. 78 “On the medical examination of children and adolescents in order to determine their suitability for work in non-industrial jobs” (1946).

16. Convention No. 79 “On the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work” (1946).

17. Convention No. 87 “On freedom of association and protection of the right to organize” (1948).

18. Convention No. 90 on Night Work of Young Persons in Industry (revised 1948).

19. Convention No. 92 “On accommodation for crew on board ships” (revised in 1949).

20. Convention No. 95 on the Protection of Wages (1949).

21. Convention No. 98 “On the application of the principles of the right to organize and to conduct collective bargaining” (1949).

22. Convention No. 100 “On Equal Remuneration for Men and Women for Work of Equal Value” (1951).

23. Maternity Protection Convention No. 103 (1952).

24. Convention No. 106 on Weekly Rest in Commerce and Offices (1957).

25. Convention No. 108 Concerning the National Identity Card of Seafarers (1958).

26. Convention No. 111 “On Discrimination in Employment and Occupation” (1958).

27. Convention No. 113 on the Medical Examination of Seafarers (1959).

28. Convention No. 115 “On the Protection of Workers against Ionizing Radiation” (1960).

29. Convention No. 116 on the Partial Revision of Conventions (1961).

30. Convention No. 119 on the Fitting of Machinery with Protective Devices (1963).

31. Convention No. 120 on Hygiene in Commerce and Offices (1964).

32. Convention No. 122 on Employment Policy (1964).

33. Convention No. 124 “On the medical examination of young people to determine their suitability for work in underground work in mines and mines” (1965).

34. Convention No. 126 “On accommodation for crew on board fishing vessels” (1966).

35. Convention No. 133 “On accommodation for crew on board ships”. Additional Provisions (1970).

36. Convention No. 134 “On the Prevention of Occupational Accidents among Seafarers” (1970).

37. Minimum Age Convention No. 138 (1973).

38. Convention No. 142 on Vocational Guidance and Training in the Field of Human Resources Development.

39. Convention No. 147 on Minimum Standards for Merchant Ships (1976).

40. Convention No. 148 “On the Protection of Workers from Occupational Risks Caused by Air Pollution, Noise, Vibration at Work” (1977).

41. Convention No. 149 “On the Employment and Conditions of Work and Life of Nursing Personnel” (1977).

42. Convention No. 159 on Vocational Rehabilitation and Employment of Persons with Disabilities (1983).

43. Convention No. 160 on Labor Statistics (1985).

ILO CONVENTIONS GOVERNING THE LABOR OF CHILDREN

L.A. YATSECHKO

To date, the issue of legal regulation of labor with the participation of children remains relevant. And although the Russian Federation takes a firm position on the elimination of child labor in its worst forms, nevertheless, gaps and inconsistencies in international labor standards in this industry still exist in Russian labor law.
Our country has ratified seven conventions of the International Labor Organization that directly regulate the working conditions of children and adolescents, and two ILO conventions that prohibit forced labor. These conventions can and should be applied by the courts when in practice there are disputes about the assessment of the working conditions of minors.
Convention No. 16 "On the Compulsory Medical Examination of Children and Young Persons Employed on Board Ships" of 1921, which entered into force on November 20, 1922, dictates that "the use of the labor of a child or young person under eighteen years of age on any ship, other than ships, on who are employed only by members of one family, should be made dependent on the presentation of a medical certificate confirming his suitability for such work "(Article 2). In Art. 3 of the said Convention, it is noted that with prolonged use of child labor at work at sea, such an employee must be subjected to a medical examination at least once a year. And only "in urgent cases" according to Art. 4 The competent authorities may allow a minor under 18 years of age to board without undergoing a medical examination, provided that he passes it in the first port at which the ship calls.
The ILO Convention N 29 "On Forced or Compulsory Labor" of 1930 allows only able-bodied adult males not younger than 18 years old and not older than 45 years old to be involved in forced labor (art. 11) and for no more than 60 days a year (art. . 12).
Convention N 77 "On medical examination of children and adolescents in order to determine their suitability for work in industry" and Convention N 78 "On medical examination of children and adolescents in order to determine their suitability for work in non-industrial jobs" establish requirements for the use of hired labor of these persons in the indicated areas. Convention N 77 refers to industrial enterprises mines, quarries for the extraction of minerals, shipbuilding, manufacturing, engaged in the transport of goods and passengers, etc. (Article 1). In turn, Art. 1 of Convention No. 78 indicates a distinction between non-industrial work, on the one hand, and industrial, agricultural and maritime work, on the other. However, according to these two documents, both industrial and non-industrial work may involve persons under the age of 18, only if they pass a medical examination "in order to determine their suitability for work." At the same time, a teenager must be under medical supervision and undergo a medical examination at least once a year until he reaches 18 years of age. In accordance with Art. 4 of Conventions Nos 77 and 78 "in professions involving a great risk to health, examination and re-examination to determine suitability for work are carried out at least until the age of twenty-one years."
On December 29, 1950, ILO Convention No. 79 "On the Limitation of Night Work of Children and Adolescents in Non-Industrial Work" came into force, which determined the permissible limits for the work of these subjects at night and the time they needed for rest. So, according to Art. 2 children under 14 working "full-time or part-time", and children over 14 years of age who combine work with study, "are not used for work at night for a period of at least fourteen consecutive hours, including the interval time between eight o'clock in the evening and eight o'clock in the morning. Although in some cases, if local conditions so require, a different period of time may be determined by national laws, but no later than from 20 h. 30 minutes. pm until 6 pm. morning.
For children over 14 "who are not required to attend school full time", Art. 3 of Convention N 79 establishes other rules. Their employer has the right to use at night, with the exception of the period between 22 h. pm and 6 pm. in the morning, national laws may establish a different rest time for children of this age: from 23 h. until 7 o'clock.
However, Art. 4 of the said Convention allows the temporary employment of adolescents aged 16 to 18 at night in case of emergency, when this is required by public interests.
In addition, Art. 5 there is an indication of the issuance of individual permits to allow persons under the age of 18 to act at night as actors in cinematographic filming and public performances, if this work will not endanger the life, health or morals of the child. The minimum age for issuing such permits should be determined by national law.
The next ILO Convention N 90 "On night work of adolescents in industry" defines the procedure for the use of child labor at night in industrial enterprises. According to Art. 3 teenagers under the age of 18 cannot be used for work at night, except for:
a) for the purpose of apprenticeship or vocational training in certain industries where round-the-clock work is established, persons from 16 to 18 years of age may work at night, but with breaks of at least 13 hours between shifts;
b) can also be used in the baking industry for the purpose of labor training for adolescents who have reached the age of 16.
However, Art. 5 allows the use of the work of teenagers 16-18 years old at night "in the event of unforeseen or unavoidable emergency circumstances that are not of a periodic nature and that disrupt the normal course of work of an industrial enterprise."
Great attention in the legal regulation of the labor of children deserves the Convention N 138 "On the minimum age for admission to work." This Convention has become generalizing, since it was adopted instead of eight conventions regulating the age of admission to work (N 7, 10, 15, 58, 59, 60, 112, 123).
The purpose of the adoption of Convention N 138 was the abolition of child labor and raising the minimum age for employment to a level corresponding to the fullest physical and mental development of adolescents.
In accordance with Art. 2 of the said Convention, the minimum age shall not be less than the age of completion of compulsory schooling and "in any case shall not be less than 15 years of age". And only in those states where "the economy and the education system are not sufficiently developed, it is possible to initially set the age of 14 years as the minimum."
As a rule, Art. 3 sets the minimum age for a worker at 18 when the work, by its nature or the circumstances in which it is carried out, is likely to be harmful to the health, safety or morals of an adolescent.
However, Art. 7 contains a clause allowing national laws to allow the employment of children between the ages of 13 and 15 for light work that is not harmful to health and development and does not adversely affect their learning.
Finally, Convention No. 182 "On the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor" of 1999 was prompted by the need to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action.
Article 3 refers to the "worst forms of child labour" as follows:
a) all forms of slavery, including child trafficking, debt bondage, serfdom, and forced labor, including compulsory recruitment of children for use in armed conflicts;
b) the use of children for prostitution and the production of pornographic products;
c) the use of children in illegal activities, including the production and sale of drugs;
d) work that is likely to harm the health, safety or morals of children.
Thus, the International Labor Organization managed to create a whole system of norms that provide legal regulation of the working conditions of children and directly prohibit forced labor. Of course, a thorough analysis of international legal norms governing legal relations involving children as subjects of labor relations is necessary in order to eliminate gaps in Russian labor legislation and avoid certain inconsistencies with international standards.

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