32 straipsnis - Vaikų darbo uždraudimas ir jaunų žmonių apsauga darbe
Vaikų darbas draudžiamas. Nepažeidžiant jauniems žmonėms palankesnių taisyklių, išskyrus ribotas išimtis, minimalus amžius priimant į darbą negali būti mažesnis negu minimalus privalomojo mokymosi pabaigos amžius. Priimtiems į darbą jauniems žmonėms turi būti sudarytos jų amžių atitinkančios sąlygos, jie turi būti apsaugoti nuo ekonominio išnaudojimo ir bet kokio darbo, galinčio pakenkti jų saugai, sveikatai ar fiziniam, protiniam, doroviniam ar socialiniam vystymuisi ar trukdyti jų mokymuisi.
Šis straipsnis grindžiamas Direktyva 94/33/EB dėl dirbančio jaunimo apsaugos, Europos socialinės chartijos 7 straipsniu ir Bendrijos darbuotojų pagrindinių socialinių teisių chartijos 20–23 punktais.
Article 29 (1) Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. (2) Adolescents and persons with health problems have the right to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions shall be set by law.
Článek 29 (1) Ženy, mladiství a osoby zdravotně postižené mají právo na zvýšenou ochranu zdraví při práci a na zvláštní pracovní podmínky. (2) Mladiství a osoby zdravotně postižené mají právo na zvláštní ochranu v pracovních vztazích a na pomoc při přípravě k povolání. (3) Podrobnosti stanoví zákon.
18Restrictions on employment of children.
(1)Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed—
(a)so long as he is under the age of fourteen years; or
(aa)to do any work other than light work or;
(b)before the close of school hours on any day on which he is required to attend school; or
(c)before seven o’clock in the morning or after seven o’clock in the evening or any day; or
(d)for more than two hours on any day on which he is required to attend school; or
(da)for more than twelve hours in any week in which he is required to attend school; or
(e)for more than two hours on any Sunday; or
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day—
(i)on which he is not required to attend school, and
(ii)which is not a Sunday; or
(h)for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or
(i)for more than four hours in any day without a rest break of one hour; or
(j)at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
(2)A local authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—
(i)the employment on an occasional basis of children aged thirteen years (notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.
(ia)the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.
(ii)the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;
(b)prohibiting absolutely the employment of children in any specified occupation;
(i)the age below which children are not to be employed;
(ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;
(iii)the intervals to be allowed to them for meals and rest;
(iv)the holidays or half-holidays to be allowed to them;
(v)any other conditions to be observed in relation to their employment;
so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.
2A)In this section—
“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—
(a) is not likely to be harmful to the safety, health or development of children; and
(b) is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 560 of the Education Act 1996, or their capacity to benefit from the instruction received or, as the case may be, the experience gained;
“week” means any period of seven consecutive days; and
“year”, except in expressions of age, means a period of twelve months beginning with 1st January.
3)Nothing in this section, or in any byelaw made under this section, shall prevent a child from doing anything—
(a)under the authority of a licence granted under this Part of this Act; or
(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to do it.
An Act to make further provision with respect to restrictions on the employment of persons under the upper limit of school age and to the means of imposing and enforcing such restrictions; and for connected purposes.
Article 56 Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law.Children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. Their position shall be regulated by law.
56. člen (pravice otrok) Otroci uživajo posebno varstvo in skrb. Človekove pravice in temeljne svoboščine uživajo otroci v skladu s svojo starostjo in zrelostjo. Otrokom se zagotavlja posebno varstvo pred gospodarskim, socialnim, telesnim, duševnim ali drugim izkoriščanjem in zlorabljanjem. Takšno varstvo ureja zakon. Otroci in mladoletniki, za katere starši ne skrbijo, ki nimajo staršev ali so brez ustrezne družinske oskrbe, uživajo posebno varstvo države. Njihov položaj ureja zakon.
Article 38 (1) Women, minors, and persons with disabilities are entitled to an enhanced protection of their health at work, as well as to special working conditions. (2) Minors and persons with disabilities are entitled to special protection in labor relations as well as to assistance in professional training. (3) Details concerning rights listed in paragraphs 1 and 2 shall be laid down by law.
Čl. 38 (1) Ženy, mladiství a osoby zdravotne postihnuté majú právo na zvýšenú ochranu zdravia pri práci a osobitné pracovné podmienky. (2) Mladiství a osoby zdravotne postihnuté majú právo na osobitnú ochranu v pracovných vzťahoch a na pomoc pri príprave na povolanie. (3) Podrobnosti o právach podľa odsekov 1 a 2 ustanoví zákon.
Articolul 49(...) (3) Exploatarea minorilor, folosirea lor în activitati care le-ar dauna sanatatii, moralitatii sau care le-ar pune în primejdie viata ori dezvoltarea normala sunt interzise. (4) Minorii sub vârsta de 15 ani nu pot fi angajati ca salariati.
Article 49(...) (3) The exploitation of minors, their employment in activities that might be harmful to their health, or morals, or might endanger their life and normal development are prohibited.(4) Minors under the age of fifteen may not be employed for any paid labour.
Artigo 69.º (Infância) 3. É proibido, nos termos da lei, o trabalho de menores em idade escolar. Artigo 70.º (Juventude) 1. Os jovens gozam de protecção especial para efectivação dos seus direitos económicos, sociais e culturais, nomeadamente: a) No ensino, na formação profissional e na cultura; b) No acesso ao primeiro emprego, no trabalho e na segurança social. Artigo 59.º (Direitos dos trabalhadores) 2. Incumbe ao Estado assegurar as condições de trabalho, retribuição e repouso a que os trabalhadores têm direito, nomeadamente: c) A especial protecção do trabalho das mulheres durante a gravidez e após o parto, bem como do trabalho dos menores, dos diminuídos e dos que desempenhem actividades particularmente violentas ou em condições insalubres, tóxicas ou perigosas.
Article 69 (Childhood) (3) Access to work shall be forbidden, in accordance with the law, to school-age minor children. Article 70 (Youth) (1) In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: (a) In education, vocational training and culture; (b) In access to their first job, at work and in relation to social security. Article 59 (Workers' rights) (2) It is the duty of the State to guarantee the conditions of work, remuneration and rest to which workers are entitled, in particular by: (c) Special protection at work for women during pregnancy and after childbirth, for minors and disabled person and for those engaged in especially strenuous activity or working in unhealthy, toxic or dangerous conditions.
Article 65(...) 3. The permanent employment of children under 16 years of age shall be forbidden. The types and nature of admissible employments shall be specified by statute. (...)
Art. 65(...) 3. Stałe zatrudnianie dzieci do lat 16 jest zakazane. Formy i charakter dopuszczalnego zatrudniania określa ustawa.
Article 15The minimum age for paid labour shall be prescribed by law.Article 16The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
On occupations in which it is prohibited to employ young workers and exceptions.
Art. 37. (...) The law establishes the minimum age for paid labour. The Republic protects the work of minors by means of special provisions and guarantees them the right to equal pay for equal work.
‘4. The Council reaffirms the urgency to eliminate the worst forms of child labour and underlines the importance of a child-rights based approach4 to inform and guide all actions to eliminate child labour. Action is most effective and sustainable when it is embedded within comprehensive action plans and programmes to eliminate all forms of child labour, including through integrated area-based, sector-based programmes and value chain approaches. In this respect, the Council encourages the Commission to ensure coherence and complementarity between its education and child labour-oriented development programmes and to ensure mainstreaming in other sectors such as decent work, responsible business, vocational training and education, agriculture, manufacturing and mining as well as facilitating school-to-work transition and decent work for youth. Delivering on social protection floors and quality education are key factors contributing to a decline in child labour. In addition, it is relevant to recognize that child labour and forced labour are closely linked and frequently occur in similar contexts and sectors.‘
‘Points out that in some Member States there are children under 14 years of age that have jobs; considers that the role of labour inspectors must be strengthened and that campaigns against child labour must be stepped up; calls on the Commission to put in place specific EU-level control and monitoring campaigns focusing on the working conditions of young persons, in particular young migrants; [...]‘
Article 32 - on child labour
‘59. The Committee urges States to implement the provisions of article 32 (2) of the Convention, and the International Labour Organization Minimum Age Convention, 1973 (No. 138), and Worst Forms of Child Labour Convention, 1999 (No. 182), to protect children in street situations from economic exploitation and the worst forms of child labour. Action against child labour should comprise comprehensive measures, including the provision of support enabling children to transition into education and guaranteeing an adequate standard of living for them and their families. Such measures should be developed in collaboration with children in street situations and other key stakeholders to reflect children’s best interests and to ensure they do not have any inadvertent negative impact on children’s survival or development. The criminalization of begging or unlicensed trading can result in worse forms of survival behaviours, such as commercial sexual exploitation. Savings schemes to develop budgeting skills and safeguard earnings for children in street situations are beneficial.‘
‘3. Members should take preventive measures that include:
(a) respecting, promoting and realizing fundamental principles and rights at work;
(b) the promotion of freedom of association and collective bargaining to enable at-risk workers to join workers’ organizations;
(c) programmes to combat the discrimination that heightens vulnerability to forced or compulsory labour;
(d) initiatives to address child labour and promote educational opportunities for children, both boys and girls, as a safeguard against children becoming victims of forced or compulsory labour; and
(e) taking steps to realize the objectives of the Protocol and the Convention.‘
‘10. Protective measures for children subjected to forced or compulsory labour should take into account the special needs and best interests of the child, and, in addition to the protections provided for in the Worst Forms of Child Labour Convention, 1999 (No. 182), should include:
(a) access to education for girls and boys;
(b) the appointment of a guardian or other representative, where appropriate;
(c) when the person’s age is uncertain but there are reasons to believe him or her to be less than 18 years of age, a presumption of minor status, pending age verification; and
(d) efforts to reunite children with their families, or, when it is in the best interests of the child, provide family-based care.‘
‘15. Calls upon all States to translate into concrete action their commitment to the progressive and effective eradication of child labour that is likely to be hazardous, to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, to eliminate immediately the worst forms of child labour and to promote education as a key strategy in this regard;
16. Urges all States that have not yet done so to consider ratifying both the Worst Forms of Child Labour Convention, 1999 (No. 182)30 and the Minimum Age Convention, 1973 (No. 138)31 of the International Labour Organization;
17. Recognizes that poverty and social exclusion, labour mobility, discrimination and lack of adequate social protection and educational opportunity as well as lack of birth registrations all influence child labour;‘