International standards on the prohibition of child labor. ILO Conventions against Child Labor

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

UN covenants and conventions are binding on all countries that ratify them. The International Labor Organization adopts two types of acts containing standards for the legal regulation of labor: conventions and recommendations. Convention are international agreements and are binding on countries that ratify them. If the convention is ratified, the state takes the necessary measures to implement it at the national level and regularly submits reports to the Organization on the effectiveness of such measures. According to the ILO Constitution, a state's ratification of a convention cannot affect national rules that are more favorable to workers. For unratified conventions, 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 improve them that are proposed to be taken. Recommendations do not require ratification. These acts contain provisions that clarify, detail the provisions of the conventions, or a model for regulating social and labor relations.

At present, it has been decided to slightly modify the ILO approach to the creation of conventions in order to ensure greater flexibility of legal regulation. Framework conventions will be adopted containing minimum guarantees of workers' rights, supplemented by relevant annexes. One of the first such acts was Convention No. 183 “Revising 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 that ratification of ILO conventions will place undue burden on employers. For economically more developed countries, these conventions set guidelines for increasing the level of guarantees. A study of the ILO's experience shows that states do not ratify certain conventions for various reasons, including in cases where at the national level, legislation or practice already provides a higher level of protection of workers' rights.

Main directions of international legal regulation of labor

The International Labor Organization is actively rule-making activities. During its existence, 188 conventions and 200 recommendations were adopted.

Eight ILO conventions are considered 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 Concerning the Application of the Principles of the Right to Organize and Collective Bargaining (1949) establish the right of all workers and employers without prior permission create and join organizations. State authorities must not limit this right or interfere with its exercise. Measures are provided to protect the right to freedom of association, to protect trade unions from discrimination, as well as workers' and entrepreneurs' organizations from interference in each other's affairs.

Convention No. 29 Relating to Forced or Compulsory Labor (1930) requires the abolition of forced or compulsory labor in all its forms. Forced or compulsory labor means any work or service that is required of a person under threat of punishment and for which that person has not offered his or her services voluntarily. A list of works that are not included in the concept of forced or compulsory work has been determined.

Convention No. 105 “Abolition of Forced Labor” (1957) strengthens 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 beliefs contrary to the established political, social or economic system;
• method of mobilizing and using labor for economic development;
• means of maintaining labor discipline;
• means of punishment for participation in strikes;
• measures of discrimination based on race, social and national origin or religion.

Convention No. 111 Relating to Discrimination (Employment and Occupation) (1958) recognizes the need for national policies aimed at eliminating discrimination in employment and training on the grounds of race, colour, sex, religion, political opinion, national or social origin .

Convention No. 100 Concerning 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 determining remuneration established or recognized by law, collective agreements between employers and workers, or a combination of various methods. To this end, it is also envisaged to take measures to facilitate an objective assessment of the work performed based on 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 the employer to the worker by virtue of the latter's performance of certain work. It defines equal remuneration for work of equal value as remuneration determined without discrimination on the basis of sex.

Convention No. 138 on the Minimum Age for Admission to Employment (1973) was adopted to eliminate child labor. 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. The purposeful activities of the ILO over the past two decades, as well as the adoption of the 1944 Declaration, have contributed to an increase in the number of ratifications of these conventions.

Four more conventions are considered priority by the ILO:

• 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 responsibilities 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, Tripartite Consultation to Promote the Application of International Labor Standards (1976), provides for tripartite consultation between representatives of government, employers and workers at the national level on the development, adoption and application of ILO conventions and recommendations.

In general, we can highlight the following main directions of legal regulation ILO:

• basic human rights;
• employment;
• social politics;
• regulation of labor issues;
• labor relations and working conditions;
• social Security;
• legal regulation of the labor of certain categories of workers (particular attention is paid to the prohibition of child labor, labor protection for 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 they contain 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 paid significant 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 issues of regulating the labor of seafarers. In these areas, first of all, new generation IG conventions were developed: “Labor in Maritime Shipping” (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 - we are talking about ILO Convention No. 187 “On the principles promoting occupational safety and health” (2006), supplemented by the corresponding Recommendation. The Convention stipulates that a state that has ratified it shall promote the continuous improvement of occupational safety and health in order to prevent cases of occupational injuries, occupational diseases and deaths at work. To this end, policies, systems and programs are developed in consultation with the most representative employers' and workers' organizations at the national level.

The National Safety and Hygiene System includes:

• regulations, collective agreements and other relevant instruments 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 inspection systems;
• measures aimed at ensuring cooperation at the enterprise level between its management, employees and their representatives as a basic element of preventive measures at work.

The Recommendation on the Framework for Promoting Occupational Safety and Health complements the provisions of the Convention and is aimed at facilitating the development and adoption of new instruments and the international exchange of information in the field of occupational safety and health.

In the sphere of labor relations regulation, conventions on termination of employment and wage protection are of great importance. ILO Convention No. 158 on Employment Termination (1982) was adopted to protect workers from termination of employment without legal grounds. The Convention establishes 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 union or participation in union activities; intention to become a workers' representative; acting as a representative of breastfeeding women; filing a complaint or participating in a case brought against an entrepreneur on charges of violating the law; discriminatory grounds - race, color, sex, marital status, family responsibilities, pregnancy, religion, political opinion, 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 followed before and during the termination of an employment relationship and the procedure for appealing a decision to dismiss. The burden of proving the existence of a legal basis for dismissal rests with the employer.

The Convention provides for the right of the employee to be given reasonable notice of the planned termination of the employment relationship or the right to monetary compensation in lieu of notice if he has not committed a serious misconduct; the right to severance pay and/or other types of income protection (benefits from the unemployment insurance fund, unemployment funds or other forms of social security). In case of unjustified dismissal, the impossibility of canceling the decision on dismissal and reinstating the worker to his previous job, payment of appropriate compensation or other benefits is expected. In the event of termination of the employment relationship for economic, technological, structural or similar reasons, the employer is obliged to inform the employees and their representatives, as well as the relevant government agency, about this. States at the national level may impose certain restrictions on mass layoffs.

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 entrepreneurs from limiting the freedom to dispose of their wages according to at its discretion and a number of other important provisions. In Art. 11 of this Convention stipulates that in the event of bankruptcy of an enterprise or its liquidation in court, workers will enjoy the position of privileged creditors.

The International Labor Organization also adopted Convention No. 131 “On the Establishment of Minimum Wages with Special Consideration to Developing Countries” (1970). In accordance with it, states undertake to introduce a minimum wage system covering all groups of employees whose working conditions make the application of such a system appropriate. The minimum wage under this Convention “shall have the force of law and shall not be reduced.” 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. To ensure the effective implementation of all minimum wage provisions, appropriate measures such as proper inspection, supplemented by other necessary measures, are taken.

List of ILO conventions in force in the Russian Federation

1. Convention No. 11 “On the right of organization and association of 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 undertakings” (1921).

4. Convention No. 16 “On the compulsory medical examination of children and young people 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 “Forced or Compulsory Labor” (1930).

8. Convention No. 32 “On the protection against accidents of workers engaged in loading or unloading 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 time to forty hours a week” (1935).

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

12. Convention No. 69 “On the issuance of certificates of competency for 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 with a view to ascertaining their suitability for work in industry” (1946).

15. Convention No. 78 “On the Medical Examination of Children and Young Persons for the Purpose of Determining Their Fitness for Non-Industrial Work” (1946).

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

17. Convention No. 87 “On Freedom of Association and Protection of the Rights to Organize” (1948).

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

19. Convention No. 92 on Accommodation for Crews on Board Ships (revised 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 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 institutions” (1957).

25. Convention No. 108 “National Identity Document for Seafarers” (1958).

26. Convention No. 111 on Discrimination (Employment and Occupation) (1958).

27. Convention No. 113 “Medical Examination of Seafarers” (1959).

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

29. Convention No. 116 “On the Partial Revision of Conventions” (1961).

30. Convention No. 119 “On the provision of protective devices for machinery” (1963).

31. Convention No. 120 “On Hygiene in Commerce and Institutions” (1964).

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

33. Convention No. 124 “On the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Work in Underground Work in Mines and Mines” (1965).

34. Convention No. 126 on Crew Accommodation 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 “Minimum Standards on Merchant Ships” (1976).

40. Convention No. 148 “On the protection of workers against occupational hazards caused by air pollution, noise and vibration at work” (1977).

41. Convention No. 149 “On the employment and working and living conditions of nursing personnel” (1977).

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

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

"Personnel officer. Labor law for personnel officers", 2007, N 7

Child labor International and Russian legislation on the legal regulation of the labor of minors

In accordance with the labor legislation of the Russian Federation, minors in labor relations are equal in rights to adults, and in the field of labor protection, working hours, and vacations they also have labor benefits. A lighter labor regime has been established for minors; it is prohibited to involve these persons in overtime work, work at night, on weekends and non-working holidays, or sending them on business trips.

From birth, a child has and is guaranteed by the state the rights and freedoms of a person and a citizen in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, laws and by-laws of the Russian Federation.

The issue of protecting the rights of minors today does not lose its relevance; moreover, it remains and should remain in the future one of the main directions in the development of labor legislation both in the Russian Federation and in other countries. A prerequisite for this may be the well-known postulate “Children are our future,” which has at least the important legal aspect that the correct use of minors’ labor, or more precisely child labor, will provide an opportunity to use their labor potential without causing negative health consequences. The extent of child labor is very difficult to measure and, in certain circumstances, almost impossible. It is not for nothing that the European Social Charter of 1961 includes Art. 7 “Children’s right to protection”, which provides for the special position of children and adolescents in the field of labor relations, in particular:

The minimum age for employment is 15 years, with the exception of cases where children are employed in certain types of light work that cannot harm their health, morals or education;

Higher minimum age for employment in certain occupations considered hazardous and unhealthy;

Prohibition of engaging persons subject to compulsory training in work that would deprive them of the opportunity to take full advantage of this training;

Limiting the working hours for persons under 16 years of age in accordance with their developmental needs and, in particular, their vocational training needs;

The right to fair wages or appropriate benefits for young workers and students;

Time spent by adolescents on vocational training during a normal working day, with the consent of the employer, is considered as part of the working day;

For workers under 18 years of age, at least three weeks of annual paid leave;

Prohibition of the employment of persons under 18 years of age in night work, with the exception of certain types of work provided for in national laws or other regulations;

Mandatory and regular medical examination of persons under the age of 18 employed in certain types of work;

Ensuring social protection from physical and moral harm to which children and adolescents are exposed, in particular from dangers that are directly or indirectly related to their work.

Almost all states of the world, the United Nations (UN) and many specialized agencies of the UN system pay close attention to issues related to the rights of minors. Among these specialized institutions, the International Labor Organization (ILO) stands out. The highest body of the ILO, the annual General Conference, develops and adopts conventions and recommendations on various aspects of social and economic rights, in particular on the development and adoption of international standards on labor protection for children and adolescents.

First of all, these include: the Convention relating to the minimum age for the admission of children to various types of work (No. 5), according to which “children under fourteen years of age shall not be employed or perform work in any public or private industrial enterprise or any branch thereof, with the exception of undertakings employing only members of the same family", the Minimum Age Convention (No. 138), according to which "the minimum age determined on the basis of the paragraph shall not be less than the age completion of compulsory school education and, in any case, should not be below fifteen years”, Convention concerning the minimum age for admission of children to work in agriculture (No. 10); Convention concerning the Minimum Age for the Admission of Children to Work at Sea (No. 58); Convention concerning the Minimum Age for the Admission of Children in Industry (No. 59).

Thus, ILO Convention No. 58 of October 24, 1936, establishing the minimum age for the employment of children at sea, provides that children under 15 years of age cannot be employed or work on board ships, except those on which members of only one family are employed. .

ILO Convention No. 60 of 22 July 1937, concerning the age for the admission of children to non-industrial work, states that national laws or regulations should establish the number of hours per day during which children over 14 years of age may be employed in light work. works.

In addition to the above Conventions, the ILO has adopted a number of standards aimed at limiting night work of children and adolescents, for example, the Convention on Night Work by Adolescents in Industry (No. 98); on non-industrial work (N 79). In particular, Convention No. 98 provides that laws or regulations implementing this Convention must:

Prescribe appropriate measures to ensure that these laws or regulations are communicated to all concerned;

Determine the persons responsible for the implementation of the provisions of this Convention;

Prescribe appropriate penalties for any violation of these provisions;

To provide for the establishment and maintenance of a system of inspection necessary to ensure the effective implementation of these provisions;

Requiring every employer to maintain a register showing the names and dates of birth of all persons employed by him who are under 18 years of age.

A number of ILO conventions provide for mandatory medical examination of working children. Convention on Compulsory Medical Examination of Children and Adolescents Employed on Board Ships (No. 16); in industry (N 77); in non-industrial work (N 78); for underground work (N 124).

In particular, Convention No. 77 establishes that children and adolescents under 18 years of age will not be employed in industrial enterprises if it is determined as a result of a medical examination that they are not suitable for use in such work. In addition, in accordance with the provisions of this Convention, national laws or regulations must determine the authority competent to issue certificates of fitness for work and also specify the conditions to be observed in the preparation and issue of these certificates.

Based on the foregoing, we can conclude that, despite their small number, the ILO conventions generally serve to protect child labor by establishing the basic rights and guarantees of minors in the field of labor. But the undeniable fact is that many provisions need to be improved or require additional regulation.

Let us now turn to the national labor legislation of the Russian Federation.

According to Art. 7 of the Federal Law of July 24, 1998 N 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation” state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, officials of these bodies, in accordance with their competence, assist the child in the realization and protection of his rights and legitimate interests, taking into account the age of the child and within the scope of the child’s legal capacity established by the legislation of the Russian Federation through the adoption of relevant regulatory legal acts, carrying out methodological, informational and other work with the child to explain his rights and obligations, the procedure for protecting the rights established by the legislation of the Russian Federation, and also by encouraging the child to fulfill his duties, supporting law enforcement practice in the field of protecting the rights and legitimate interests of the child.

It should be noted that minors are under special protection of the labor legislation of the Russian Federation. Labor law norms take into account the psychophysiological characteristics of the body and character of minors who are not fully formed. Special labor protection for minors allows them to work safely for their body and psyche and combine work in production with continued education and self-development.

It is prohibited to employ minors in the following jobs:

a) with harmful and (or) dangerous working conditions;

b) underground work;

c) in the gambling business, in night cabarets, clubs;

d) in the transportation and trade of alcoholic beverages, tobacco products, etc.;

e) work performed on a rotational basis.

This restriction is introduced in accordance with the List of works approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163, in order to protect the health and moral development of minors. In accordance with the specified List, more than 400 types of heavy, harmful and dangerous work are prohibited for persons under 18 years of age, regardless of the form of ownership and organizational and legal form of production, including the activities of the employer of a legal entity. The basic principles for determining safe activities for adolescents are: compliance with age and functional capabilities; no adverse effects on growth, development and health; eliminating increased danger and injury to yourself and others; taking into account the increased sensitivity of the adolescent body to the effects of factors in the working environment.

It is prohibited for minor workers to carry or move heavy loads that exceed the limits established for them.

The standards for maximum permissible loads for persons under 18 years of age when lifting and moving heavy objects manually are approved by Resolution of the Ministry of Labor of Russia dated 04/07/1999 N 7 (Bulletin of the Ministry of Labor of Russia. 1999. N 7). These standards take into account the nature of the work, indicators of the severity of work, and the maximum permissible load weight in kg for boys and girls.

Note 1. Lifting and moving heavy objects within the specified standards is permitted if it is directly related to the permanent professional work performed.

2. The mass of the lifted and moved cargo includes the mass of containers and packaging.

3. When moving goods on carts or in containers, the applied force should not exceed:

For boys 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;

For girls 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.

┌─────────────┬───────────────────────────────────────────────────────┐

│ Character │ Maximum permissible load weight in kg │

│ work, ├───────────────────────────┬────────── ──────── ─────────┤

│ indicators │ Boys │ Girls │

│ gravity ├──────┬──────┬──────┬──────┼──────┬─── ───┬───── ─┬──────┤

│ labor │14 years│15 years│16 years│17 years│14 years│15 years│16 years│17 years│

│Rise and │ 3 │ 3 │ 4 │ 4 │ 2 │ 2 │ 3 │ 3 │

│manually │ │ │ │ │ │ │ │ │

│cargo │ │ │ │ │ │ │ │ │

│constantly │ │ │ │ │ │ │ │ │

│during │ │ │ │ │ │ │ │ │

│work shift│ │ │ │ │ │ │ │ │

├─────────────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┤

│Rise and │ │ │ │ │ │ │ │ │

│moving │ │ │ │ │ │ │ │ │

│load by hand│ │ │ │ │ │ │ │ │

│within │ │ │ │ │ │ │ │ │

│more than 1/3 │ │ │ │ │ │ │ │ │

│working │ │ │ │ │ │ │ │ │

│shifts: │ │ │ │ │ │ │ │ │

│- constantly │ │ │ │ │ │ │ │ │

│(more than 2 │ │ │ │ │ │ │ │ │

│once per hour) │ 6 │ 7 │ 11 │ 13 │ 3 │ 4 │ 5 │ 6 │

│- at │ │ │ │ │ │ │ │ │

│alternating │ │ │ │ │ │ │ │ │

│on the other │ │ │ │ │ │ │ │ │

│work (up to │ │ │ │ │ │ │ │ │

│2 times every │ │ │ │ │ │ │ │ │

│hour) │ 12 │ 15 │ 20 │ 24 │ 4 │ 5 │ 7 │ 8 │

├─────────────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┼──────┤

│Total │ │ │ │ │ │ │ │ │

│cargo mass, │ │ │ │ │ │ │ │ │

│movable│ │ │ │ │ │ │ │ │

│during │ │ │ │ │ │ │ │ │

│shifts: │ │ │ │ │ │ │ │ │

│- rise from │ │ │ │ │ │ │ │ │

│working │ │ │ │ │ │ │ │ │

│surface │ 400 │ 500 │ 1000 │ 1500 │ 180 │ 200 │ 400 │ 500 │

│- rise from │ │ │ │ │ │ │ │ │

│floor │ 200 │ 250 │ 500 │ 700 │ 90 │ 100 │ 200 │ 250 │

└─────────────┴──────┴──────┴──────┴──────┴──────┴──────┴──────┴──────┘

It is prohibited to conclude an agreement on full financial responsibility with minors.

The age for hiring young people is limited. According to the general rule established by Art. 63 of the Labor Code, concluding an employment contract is allowed with persons over 16 years of age. Only in exceptional cases established by law in the prescribed manner, the employment of young people aged 15, 14 and under 14 years is allowed.

In accordance with the labor legislation of the Russian Federation, minors in labor relations are equal in rights to adults, and in the field of labor protection, working hours, and vacations they also have labor benefits. A lighter labor regime has been established for minors; it is prohibited to involve these persons in overtime work, work at night, on weekends and non-working holidays, or sending them on business trips. The exception is creative workers in the media, cinematography, theaters, theatrical and concert organizations and other persons involved in the creation and performance of works, professional athletes.

For minors, an extended regular paid leave of 31 calendar days is established, which is provided at a time convenient for them.

All persons under 18 years of age are hired only after a preliminary mandatory medical examination, and then, until they reach the age of 18, are subject to an annual medical examination, with both the initial and subsequent medical examinations being carried out at the expense of the employer.

The dismissal of workers under 18 years of age at the initiative of the employer is limited and is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights.

The legislator pays great attention to the guarantees of orphans, in particular, Art. 9 of the Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support of orphans and children left without parental care” establishes that the state employment service bodies (employment service bodies) when orphans and children contact them children left without parental care, aged from fourteen to eighteen years, carry out career guidance work with these persons and provide diagnostics of their professional suitability, taking into account their health status. Orphans, children without parental care, persons from among orphans and children without parental care, looking for work for the first time and registered with the state employment service as unemployed, are paid unemployment benefits for 6 months in the amount of average salary prevailing in the republic, territory, region, city. Moscow and St. Petersburg, autonomous region, autonomous district. In addition, during the specified period, employment service bodies provide vocational guidance, vocational training and employment of persons in this category.

Employees from among orphans, children left without parental care, as well as persons from among orphans and children left without parental care, released from organizations due to their liquidation, reduction in number or staff, employers (their legal successors) are obliged provide, at their own expense, the necessary professional training with their subsequent employment in this or another organization. Having analyzed the state of Russian and international legislation in the field of regulation of labor relations of minors, we can conclude that with a sufficient legal framework establishing guarantees and protection of the labor rights of young people under the age of 18, the problem of compliance with labor rights has recently become particularly acute. In reality, almost all of the guarantees and restrictions listed above are violated by the employer. This indicates the presence of a number of significant shortcomings of the legal system in the field of protecting the labor rights of minors and more stringent mechanisms for bringing to legal responsibility persons who violate the rights and legitimate interests of persons under the age of 18.

The diversity of sources of labor law, the mutual existence of norms adopted a decade ago and that have come into force in recent years, the presence of many departmental instructions, regulations, rules, often complicated and contradictory, the lack of development of mechanisms for implementing adopted legal acts - all this complicates the implementation of the mechanism for protecting the labor rights of minors .

The existing “Children of Russia” Program, approved by Decree of the Government of the Russian Federation of March 21, 2007 N 172 “On the federal target program “Children of Russia” for 2007 - 2010”, unfortunately, does not include a line of expenses for creating safe, well-paid jobs for minors. It is probably necessary to develop at the federal level, and possibly at the level of a constituent entity of the Russian Federation, a program that addresses all the problems of minor labor with the establishment of strict control over compliance with all regulations relating to this problem.

L. Chernysheva

Senior Lecturer

Department of Prosecutor's Supervision

and the participation of the prosecutor

in consideration of civil

and arbitration cases

Signed for seal

• Labor law

Keywords:

1 -1

Around the world, based on ILO data, approximately 200–250 million children work. Many of them work in difficult, harmful conditions, under duress or simply because it is impossible otherwise. As for Russia, there are no exact data on this matter, although the approximate figure is 6 million. Such an act falls under the category (as well as, etc.)

Features of the crime

In theory, children in Russia are protected from violence, exploitation and other illegal activities. Almost always, the punishment for a crime is more severe if the victim is a minor.

However, information on child exploitation is literally scattered across a variety of codes. And violators do not always face any significant punishment.

Legal norms

International conventions

There is an important international document that has been ratified by one and a half hundred countries. This is the 1989 Convention on the Rights of Children (adopted by the UN General Assembly), including the child’s right to protection from exploitation.

Several articles at once (for example, 19, 32) speak of the prohibition of child exploitation. States parties are required to take measures to protect children, provide adequate supervision, and provide rehabilitation for victims of exploitation.

Russian Federation

The laws of Russia include several key norms:

1. Article 37 of the Constitution speaks of freedom of labor and the inadmissibility of coercion in this area. Work must take place in proper conditions, including decent pay.
2. Federal Law No. 124-FZ (adopted in 1998) guarantees child workers benefits, vacations and reduced working hours. This is stated in Article 11.
3. Law No. 273-FZ, which talks about education in the Russian Federation, speaks of the inadmissibility of involving a child in work outside the program of an educational institution (clause 4 of Article 34).
4. Many articles of the Labor Code of the Russian Federation talk about the specifics of hiring minors, remuneration for their labor and other nuances.

Also, recently there has been talk about introducing amendments to the articles of the Criminal Code of the Russian Federation with the aim of resolving the problem of exploitation of child labor.
In theory, everything is very good. In practice the situation is completely different.

Corpus delicti

There is no specific article in the Criminal Code that would specifically address the exploitation of children. Accordingly, it is impossible to talk about the elements of the crime.

In some cases, qualification under Article 127.1 is possible if the operation is accompanied by. The note to this article talks about either services, bondage, various (more on this later).

Types and forms of exploitation of child labor in Russia

The most common situation is entrusting some work to children under sixteen years of age. Children deliver advertising materials to apartment mailboxes and hand out leaflets on the streets.

Most often, this lasts for long hours, is accompanied by many kilometers of walking, and is sometimes paid for in meager amounts of money. But deception cannot be ruled out when children are simply denied payment under various pretexts.

What else do children do? They help parents trade, clean areas and premises.

Here it is sometimes difficult to find the rather fine line between necessary work in the family and real exploitation. Moreover, many assess this situation positively. Few people think that children sometimes simply do not have time to do homework, study, not to mention play.

We can also talk about a certain type of exploitation of child labor at school, when children are forced to clean its territory and move things from one office to another.

About night-time types of exploitation of child labor, see the following video:

Investigation methodology

The ILO notes: the problem of child labor in Russia is often ignored, assessed incorrectly and therefore not addressed. Often the children's parents are to blame for this.

When a daughter or son grows up in a family, she (he) is often encouraged to get a job/part-time job. If the case is found, the child literally becomes a hero.

However, many parents do not take any action if their children are deceived by unscrupulous employers. Some people make excuses with common words like “this is how life is for us,” while others are literally forced to survive. Some people simply don’t want to get involved and don’t know how to properly file a complaint. There are also those who are deeply indifferent to their children.

Crimes are discussed only in the most serious cases. For example, when the parents themselves sell their children or to underground brothels/pornographic film studios.

Criminal liability

No specific criminal or other liability has been established for the exploitation of a child in its pure form. The situation on the labor market in Russia is such that many people have no rights and almost no opportunity to protect themselves.

The easiest way to formulate the situation is: “Don’t like it? Leave and don’t work, we’ll find others who are more accommodating and not so demanding.” This applies to both adults and children.

Acts of a sexual nature

Article 34 of the International Children's Convention states that the child must be protected from abuse or exploitation of a sexual nature. This means a ban on prostitution, pornography, and sexual inducement/coercion.

• In the case of sexual exploitation of children and adolescents, the norms of the articles of the Criminal Code of the Russian Federation are somewhat stricter. The already mentioned Article 127.1 (considered separately) is indicative in this regard.
• If a child is forced into prostitution, this is already Article 240 of the Criminal Code. The prison term can range from three to eight years. Plus restriction of freedom (one to two years) and a possible ban on holding certain positions/certain types of activities (within fifteen years).
• Finally, 242.1 of the Criminal Code of the Russian Federation talks about the production of pornographic materials with the involvement of minors. Such a crime is recognized as especially qualified if children under fourteen years of age are harmed.

Depending on the severity of the crime, punishment can result in imprisonment (maximum 10 years), restriction of freedom for up to two years and prohibition from holding certain positions or performing certain activities for up to fifteen years.

It is obvious that in the area of ​​child exploitation, Russian legislation still requires the development of new standards and adjustments to existing ones. Only in this case will each child be truly and adequately protected.

Very informative and complete material on the issue of the crime of sexual exploitation of children is discussed in the following video:

One of the most important tools available to the ILO in the fight against child labor is the adoption of 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 were adopted (9), establishing a minimum age for the employment of children 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, as supplemented by Recommendation No. 146, obliges ratifying States to implement national policies aimed at the effective elimination of child labor and to gradually raise the minimum age for employment. The Convention is a flexible and dynamic instrument, setting a minimum age for employment depending on the type of work and the level of development of the country.

The Convention establishes the principle that the minimum age should be not less than the age at which compulsory schooling ends and in no case less than 15 years, and that the minimum age should be gradually raised to a level consistent 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 labor. It is a key tool in a coherent control strategy, while Recommendation No. 146 provides a broad framework and the necessary policy 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 global consensus that the worst forms of child labor must end immediately.

In the entire 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 18 years of age and does not provide exceptions for any sectors of the economy or categories of workers. It calls for “immediate and effective measures to prohibit and eradicate the worst forms of child labor.”

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

slavery and forced labor, including the sale of children and forced recruitment into armed conflict;

child prostitution and pornography;

production and sale of drugs;

work that may harm the health, safety or morals of children.

The Convention reserves the right for national governments to identify existing hazardous work prohibited by the Convention, this should be done after 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 been a tradition for many regions of Russia. Article 16 of the Agricultural Safety and Health Convention No. 184 reflects the provisions of Conventions No. 138 and No. 182 regarding hazardous work. It sets 18 years as the minimum age for access to hazardous work in agriculture.

Another ILO Convention that is key to protecting children from some of the worst forms of exploitation, Forced Labor Convention 1930 No. 129, is one of the core 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 considered core or core ILO Conventions. 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 ILO member states have an obligation to respect and promote the application of the principles expressed in these Conventions, whether they have ratified them or not.

There are 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 protection from economic exploitation. This Convention is the most ratified in history, but several countries have yet to accept it.

ILO CONVENTIONS REGULATING CHILD LABOR

L.A. YATSECHKO

Today, the issue of legal regulation of labor involving children remains relevant. And although the Russian Federation takes a firm position on eliminating child labor in its worst forms, nevertheless, there are still gaps and inconsistencies in Russian labor law with international labor standards in this industry.
Our country has ratified seven conventions of the International Labor Organization that directly regulate working conditions for children and adolescents, and two ILO conventions prohibiting forced labor. These conventions can and should be applied by the courts when disputes arise in practice regarding the assessment of the working conditions of minors.
Convention No. 16 "Concerning the Compulsory Medical Examination of Children and Young Persons Employed on Board Ships" of 1921, which came into force on November 20, 1922, dictates that "the employment of the labor of a child or young person under eighteen years of age on any ship other than ships where only members of the same family are employed, must be made conditional on the presentation of a medical examination certificate confirming his suitability for such work" (Article 2). In Art. 3 of the said Convention it is noted that if children are employed for a long time at work at sea, such a worker must undergo a medical examination at least once a year. And only “in urgent cases” according to Art. 4 The competent authorities may allow a child under 18 years of age to board without undergoing a medical examination, provided that he passes it at the first port at which the ship calls.
ILO Convention No. 29 “Forced or Compulsory Labor” of 1930 allows for forced labor only of able-bodied adult males not younger than 18 years of age and not older than 45 years of age (Article 11) and for no more than 60 days a year (Article . 12).
Convention No. 77 “On the Medical Examination of Children and Adolescents with a Purpose of Determining Their Fitness for Work in Industry” and Convention No. 78 “On the Medical Examination of Children and Adolescents with a Purpose of Ascertaining Their Fitness for Work in Non-Industrial Work” establish requirements for the use of hired labor for these persons in the indicated areas. Convention No. 77 classifies industrial enterprises as mines, quarries for the extraction of minerals, shipbuilding, manufacturing, transporting goods and passengers, etc. (Article 1). In turn, Art. 1 of Convention No. 78 indicates the 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 can involve persons under 18 years of age only if they undergo a medical examination “to determine suitability for work.” In this case, the 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 No. 77 and No. 78 “in professions involving a high risk to health, examination and re-examination to determine fitness for work are carried out at least until the age of twenty-one years.”
On December 29, 1950, ILO Convention No. 79 “On the Restriction of Night Work of Children and Adolescents in Non-Industrial Work” came into force, defining the permissible limits for the work of these subjects at night and the rest time required for them. So, according to Art. 2 children under 14 years of age working “full-time or part-time” and children over 14 years of age combining work and study “are not employed in night work for a period of at least fourteen consecutive hours, including the interval between eight o'clock in the evening and eight o'clock in the morning." Although in some cases, if local conditions require it, national laws may determine a different period of time, but no later than 20:00. 30 min. evening until 6 o'clock. morning.
For children over 14 years of age, “who are not required to attend school full time,” Art. 3 of Convention No. 79 establishes different rules. Their employer has the right to use them at night, with the exception of the period between 22:00. pm and 6 p.m. morning, national laws may establish a different rest time for children of this age: from 23 h. until 7 o'clock
At the same time, Art. 4 of the said Convention allows temporary employment of adolescents aged 16 to 18 years at night in the event of emergency circumstances when public interests require it.
In addition, in Art. 5 there is an indication of the issuance of individual permits to provide persons under the age of 18 with the opportunity to perform at night as actors in cinematographic filming and public performances, if this work does not pose a threat to the life, health or morals of the child. The minimum age for issuing such permits should be determined by national legislation.
The following ILO Convention No. 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 18 years of age cannot be used for work at night, except for:
a) for the purpose of training apprentices or vocational training in certain industries where 24-hour 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 training teenagers over 16 years of age.
At the same time, Art. 5 allows the use of the labor of teenagers 16-18 years old at night “in the event of unforeseen or unpreventable emergency circumstances that are not periodic in nature and that disrupt the normal operation of an industrial enterprise.”
Convention No. 138 “On the minimum age for employment” deserves great attention in the legal regulation of the labor of children. This Convention became general, as it was adopted instead of eight conventions regulating the age of employment (N 7, 10, 15, 58, 59, 60, 112, 123).
The purpose of the adoption of Convention No. 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 this Convention, the minimum age should not be lower than the age at which compulsory schooling ends and “in any case, should not be lower than 15 years.” And only in those states where “the economy and education system are not sufficiently developed, can the minimum age of 14 years be initially set.”
As a rule, Art. 3 establishes the minimum age of a worker at 18 years in cases where the work, by its nature or due to the circumstances in which it is carried out, is likely to harm the health, safety or morals of the adolescent.
At the same time, Art. 7 contains a clause allowing national legislation to permit the employment of children between 13 and 15 years of age in light work which is not harmful to health and development and does not adversely affect their education.
Finally, Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor of 1999 was driven 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 defines the “worst forms of child labor” as:
a) all forms of slavery, including child trafficking, debt bondage, serfdom, and forced labor, including the compulsory recruitment of children for use in armed conflicts;
b) use of children for prostitution and production of pornographic products;
c) the use of children in illegal activities, including for the production and sale of drugs;
d) work that may 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 working conditions for 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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