We often see news in the media that employers have been brought to justice for forcing minors to work. So, is it legal to employ minors?

Let's first clarify which categories of minors may be involved in labor.

According to article 77 of the Labour code of the Republic of Uzbekistan, a minor, i.e. a person under the age of 18, is allowed to start working at the age of 16.

You are also allowed to work from the age of 15:

students of secondary schools, specialized secondary schools, and vocational schools who have reached the age of 15 with the written consent of one of their parents or one of the persons acting as a parent, i.e., a guardian or trustee.

to perform light work in their free time, which does not harm their health, moral development and does not disrupt the educational process.

These rules are also set out in ILO Convention No. 138 On the minimum age for employment.

Does not refuse to employ minors

It should be noted that it is illegal to refuse employment to minors aged 15 and 16 who have completed General secondary, specialized secondary, or vocational education. According to labour legislation, in particular, Cabinet of Ministers Resolution No. 965 of 5 December 2017, these persons are included among those who need social protection, have difficulties in finding work and are not able to compete on equal terms in the labour market. Therefore, the company sets and reserves a minimum number of jobs for their employment.

JOBS THAT PROHIBIT THE EMPLOYMENT OF MINORS

A minor cannot be involved in all types of activities. Article 241 of the Labour code prohibits the employment of persons under the age of 18 in jobs with unfavourable working conditions that may harm the health, safety and morals of this category of workers.

Working in working conditions that are harmful to health and safety:

- performed underground, underwater, at dangerous heights or indoors;

- related to dangerous machines, tools and equipment;

- in dangerous conditions that may harm the health of minors under the influence of dangerous objects or processes, high levels of temperature, noise or waves;

- performed in difficult working conditions.

Works that damage the morals of minors:

- night clubs;

- in stores that sell alcohol, tobacco products, and other places.

In accordance with ILO Convention No. 182 "on the prohibition and immediate action for the elimination of the worst forms of child labour", forced or compulsory labour is prohibited, including the use of a child to produce pornographic products or participate in pornographic performances, the use, employment and recruitment of a child for the production and sale of drugs.

However, it is considered legal to employ a minor under the age of 18. However, these jobs should not fall into the category of work in adverse working conditions, where the use of child labor is prohibited by law.

The list of works in this category is registered by the Ministry of justice from 29.07.2009 № 1990.

Also, in accordance with the Decree registered by the Ministry of justice of the Republic of Uzbekistan dated 12.05.2009 No. 1954, the maximum permissible norms for lifting and moving heavy objects by persons under the age of eighteen are established.

For example, when the entire working time of persons aged 16 to 18 years consists of work related to manual lifting and moving of goods, the maximum lifting and moving norms for them should not exceed 4.1 kg, and they should not lift the load using a trolley and trolley.

FEATURES WHEN APPLYING FOR A JOB

In accordance with article 84 of the Labour code, it is prohibited to establish a preliminary probation period for minors.

When applying for employment, a person under the age of 18 must undergo a free medical examination at the employer and regularly undergo a mandatory medical examination until they reach the age of majority.

Instead of a copy of the passport, a birth certificate and a certificate of residence are required, which a person under the age of 18 must provide to their employer.

BENEFITS PROVIDED FOR MINORS WHILE WORKING 

After employment, a person under the age of 18 has the same rights as an employee over the age of 18. In addition, they are granted additional benefits in the field of labor protection, working hours, vacations and other working conditions.

In particular, a reduced working time is established for minors, namely, for employees aged 16 to 18, the working time is set to no more than 36 hours per week, for persons aged 15 to 16-no more than 24 hours per week.

However, the remuneration for employees under 18 years of age with reduced daily work is the same as for employees of the corresponding categories with full daily work.

If a minor between the ages of 16 and 18 works in their free time, then the working time during the school year should not exceed 18 hours, and for persons between the ages of 15 and 16 –no more than 12 hours.

In this case, payment for labor is made based on the time worked or depending on the output.

It is prohibited to involve persons under 18 years of age in night work from 22: 00 to 06: 00, overtime work that is not included in the working hours specified in the employment contract. It is also prohibited to employ persons under 18 years of age to work on weekends.

Another interesting point about minors is their work leave. Employees under the age of 18 are granted annual leave of at least 30 calendar days. They can take a leave of absence without waiting for 6 months after the first day of work, as well as in the summer or at any other time of the year convenient for them. When granting annual leave to students on-the-job in educational institutions, the employer is obliged, at the request of students, to time these holidays to the time of examinations and laboratory examination sessions.

BENEFITS FOR MINORS WHO STUDY AND WORK

Employees admitted to entrance examinations are granted leave without pay when entering higher educational institutions for a period of at least fifteen calendar days, not counting the time of travel to and from the location of educational institutions.

The employer pays employees who study in higher educational institutions by correspondence to travel to the location of the educational institution and back to participate in the laboratory examination session, as well as to prepare and defend a diploma project (work) or pass the final exam once a year in the amount of at least fifty percent of the cost of travel.

 LABOR SAFETY REQUIREMENTS WHEN USING MINORS

According to the SanPiN No. 0141-03 in the hot period of the year on working conditions:

the permissible air temperature in accordance with the category of work performed in closed industrial premises (Ia-IIb) should not exceed 31.0 ° -29.0 ° C. If the air temperature is higher than 36 ° -34.5 ° C, it is considered extremely dangerous for human health, and in this case it is necessary to use ventilation and cooling devices in the workplace.

the permissible air temperature in accordance with the category of work performed in open areas (Ia-IIb) should not exceed 31.4 ° -30.0 ° C. If the air temperature is higher than 36 ° -34.5 ° C, it is considered extremely dangerous for human health, and in this case it is advisable to organize work by changing the operating mode, i.e. switching working hours to a favorable time of day.

TERMINATION OF AN EMPLOYMENT CONTRACT WITH A MINOR

There is also a special procedure for terminating an employment contract with a minor. If an employment contract with an employee under the age of 18 is terminated at the employer's initiative, the consent of the district (city) employment promotion centers is required.

Compliance with the requirements of the above-mentioned legislation is mandatory for both employers and parents of a minor employee. Even parents or guardians are responsible for the state of health and prevention of illness when using the labor of their minor children. In other words, parents or guardians must not allow their minor children to perform the above-mentioned prohibited work, as well as work that interferes with the educational process. Because every young generation has the right to education. If there is a violation of the above legislation, individuals should contact the State labor Inspectorate or the Prosecutor's office.

ADMINISTRATIVE AND CRIMINAL LIABILITY

According to the code of Administrative responsibility of the Republic of Uzbekistan, responsibility is established for administrative coercion of a minor to work and for engaging in work that may endanger the health, safety or morals of this person. The fine for forced labor of a minor is from 70 to 100 BGN. And for engaging them in prohibited work-from 10 to 20 BRV.

If the above actions are repeated within a year, they result in criminal liability, including penalties such as fines, deprivation of certain rights, or correctional labor.

Dear citizens and employers, observe the requirements of the law when using the labor of minors!