INTERNATIONAL STANDARDS REGULATING LABOUR OF UNDERAGE WORKERS
The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.
2. Charter of Fundamental Rights of the European Union (2000).
3. Code du travail (2008).
4. Communication from the Commission “On the Chapter of Fundamental Rights of the European Union” COM (2000) 559 final. Brussels, p. 4.
5. Community Charter of the Fundamental Social Rights of Workers (1989).
6. Convention on the Rights of the Child (1989).
7. Council Directive 91/383/EEC (1991).
8. Directive 94/33/EC – Young Workers (1994).
9. Employment Contracts Act Republic of Estonia (2009).
10. Employment Policy Convention (1964).
11. European Social Charter (Revised)(1996).
12. Homen D., Kharrys D., Zvoak L. (1988). Evropeiskaia Konventsyia o pravakh cheloveka y Evropeiskaia Sotsyalnaia Khartyia: pravo y praktyka [European Convention on Human Rights and the European Social Charter: law and practice].Moscow: MNUYMP [in Russia].
13. Improving the Safety and Health of Young Workers (2018).
14. International Covenant on Economic, Social and Cultural Rights (1966).
15. Kyselev Y.Ia. (1988) Zarubezhnoe trudovoe pravo. Uchebnyk dlia vuzov [Foreign labor law. Textbook for universities]. Moskva: NORMA-YNFRA – 263p. [in Russia].
16. Kyselev Y.Ia. (1999) Sravnytelnoe y mezhdunarodnoe trudovoe pravo. Uchebnyk dlia vuzov [Comparative and International Labor Law. Textbook for universities]. Moskva: Delo – 728p. [in Russia].
17. Macmillan Dictionary. URL: https://www.macmillandictionary.com/dictionary/british/implement_1.
18. Medical Examination of Young Persons (Industry) Convention(1946).
19. Medical Examination of Young Persons (Sea) Convention (1921)
20. Medical Examination of Young Persons (Non–Industrial Occupations) Convention (1946).
21. Merriam-Webster Dictionary. URL: https://www.merriam-webster.com/dictionary/implement.
22. Minimum Age (Agriculture) Convention (1921).
23. Minimum Age Convention (1973).
24. Minimum Age Recommendation (1973).
25. Minimum Age (Sea) Convention (Revised),(1936).
26. Minimum Age (Underground Work) Convention (1965).
27. Medical Examination of Young Persons (Underground Work) Convention (1965).
28. Night Work of Young Persons (Industry) Convention (Revised), (1948).
29. Polish Labour Code (1997).
30. Night Work of Young Persons (Non – Industrial Occupations) Convention (1946).
31. Occupational Safety and Health Convention (1981).
32. Occupational Safety and Health Recommendation (1981).
33. Resolution adopted by the General Assembly 1386 (XIV). Declaration of the Rights of the Child.
34. Tatsii V.Ia. (2015) Vybrani statti, vystupy, interviu [Selected articles, speeches, interviews] Kharkiv: Pravo – 648p. [in Ukrainian].
35. Universal Declaration of Human Rights (1948).
36. Worst Forms of Child Labour Convention (1999).
Abstract views: 66 PDF Downloads: 46