INTERNATIONAL STANDARDS REGULATING LABOUR OF UNDERAGE WORKERS

Anna Sydorenko; Inna Polkhovska

doi:10.23856/4623

Anna Sydorenko Yaroslav Mudryi National Law University http://orcid.org/0000-0002-3947-3863
Inna Polkhovska Yaroslav Mudryi National Law University http://orcid.org/0000-0003-0998-4686

Keywords: right to work; international standards; child labour; occupational safety and health; children’s rights; minimum age for admission to employment; working conditions; differentiation of child labour

Abstract

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.

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