Memo on the exploitation of child labor in the framework of labor legislation

Memo on the exploitation of child labor in the framework of labor legislation

"The exploitation of child labor is work that poses a threat to the health, safety, and morale of the child, as well as work that does not allow the child to receive an education. It's also about getting children under a certain age to work."

Children from the age of fourteen have the right, with the permission of their parents, to participate in socially useful work in their spare time, available to them for health and development reasons, which does not harm the physical, moral and mental state of the child, and also have the right to receive a profession. This right is guaranteed by the employment service and local government bodies.

The Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) provides for the specifics of hiring minors, their remuneration and other nuances.

According to the Code of the Republic of Kazakhstan, the conclusion of an employment contract is allowed with citizens who have reached the age of sixteen.

In addition, an employment contract can be concluded with citizens who have reached the age of 15, in cases where they receive basic secondary, general secondary education in the organization of secondary education, students who have reached the age of 14, to perform work in their free time that does not cause harm to health and does not violate the learning process.

In these cases, along with the minor, the employment contract must be signed by one of his parents, guardian, trustee or adoptive parent.

According to art. 26 of the Code, it is not allowed to conclude an employment contract with citizens who have not reached the age of eighteen for heavy work, work with harmful and (or) dangerous working conditions, as well as for positions and jobs that provide for full financial responsibility of the employee for not ensuring the safety of the employer's property and other valuables, as well as for work that may harm their health and moral development (gambling, work in night entertainment venues, production, transportation and trade of alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors).

It is also not allowed to employ part-time employees who have not reached the age of eighteen.

The Code (Article 69) establishes a reduced working time for employees under the age of eighteen:

- for employees between the ages of fourteen and sixteen-no more than 24 hours per week;

- for employees aged from sixteen to eighteen years-no more than 36 hours per week.

The labor legislation of the Republic of Kazakhstan contains certain restrictions on the use of child labor, namely, it is not allowed to attract employees who have not reached the age of eighteen years to work with the use of cumulative accounting of working hours, to work at night, to overtime, to work performed on a shift basis. In addition, it is not allowed to withdraw from the paid annual leave of an employee who has not reached the age of eighteen.

Currently, the Code of the Republic of Kazakhstan "On Administrative Offenses" provides for administrative liability for allowing a minor to work without entering into an employment contract (Article 86 part 3), depending on the subject of private entrepreneurship:

- officials – 50 MCI

- small businesses or non-profit organizations 80 MCI

- medium-sized businesses - 150 MCI

- large business entities – 200 MCI.

The action (inaction) provided for in part three of this article, committed repeatedly within a year after the imposition of an administrative penalty

- officials – 70 MCI

- small businesses or non-profit organizations 150 MCI

- medium-sized businesses - 200 MCI

- large business entities – 300 MCI.

The Criminal Code of the Republic of Kazakhstan establishes liability for violation by an employer or an official of labor legislation in terms of attracting minors to work in which the use of labor of employees under the age of 18 is prohibited (Article 153 of the Criminal Code of the Republic of Kazakhstan).

According to this article of the Criminal Code of the Republic of Kazakhstan, an employer or an official violates the labor legislation of the Republic of Kazakhstan in terms of attracting minors to work in which the use of labor of employees under the age of eighteen is prohibited, – is punished by a fine in the amount of up to two thousand monthly calculation indices or by correctional labor in the same amount, or by engaging in community service for up to six hundred hours, or by restriction of liberty for up to two years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

The same act committed:

1) by a group of persons by prior agreement;

2) repeatedly;

3) in relation to two or more persons;

4) by deception or abuse of trust;

5) in respect of a minor who is known to be guilty of suffering from a mental disorder or is in a helpless state, shall be punished by a fine in the amount of up to five thousand monthly calculation indices, or by correctional labor in the same amount, or by engaging in community service for a period of up to one thousand two hundred hours, or by restriction of liberty for a period of two to five years, or by deprivation of liberty for the same period, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

Thus, the legislation of the Republic of Kazakhstan establishes restrictions on child labor and provides for criminal and administrative liability for the involvement of children in the worst forms of child labor.