Law Amendments for Children Employment06/08/2010
Ramadan Ahmeti is 17 years old and hardly misses to spend some time of the day in the workroom of the jewelry shop “Raf” at the old bazaar in Skopje. His wish is one day to inherit his family business and engage in goldsmith’s trade. He has been serving his apprenticeship for a few years already, and provided that he masters it enough he could soon become his father’s replacement in the shop as soon as the amendments to the Industrial Relations Act are introduced, which specifies the stipulations as to work of children under the age of 18. By the new amendments, which are still under a procedure of the assembly, the underage individuals who do not hold the high school degree shall be able to work only during their summer and winter vacation and spend no more than 6 hours per day at work, for which they will be entitled to some allowance.
“An individual under the age of 15 must not be in work, and an individual at the age of 15-18 shall have the possibility to be in work. A limit on working hours per week has been established in accordance with age. For a young individual over 16 years of age the working week shall not amount to more than 37 hours and 45 minutes”, stated Spiro Ristovski – deputy Minister of Labor and Social Policy.
There are amendments in regard to children under the age of 15 as well. They shall be allowed to participate in simple activities, i.e. engagement in cultural, sport and advertising activities for 4 hours at most, for which children could receive a token allowance from their parents. Nevertheless, despite the amendments being part of the reconciliation between the Macedonian legislation and the European one, the First Children’s Embassy “Megjashi” voices opposition and states that children should not engage in work all until attaining their majority.
“If children participate in sport or advertising activities and receive a token allowance, it is not considered employment, but children should under no circumstances be allowed the possibility of employment and the government should devise a mechanism for children graduating from high school without working at the same time. The government in a way grants itself an amnesty for providing social stimulations and awarding scholarships to this structure of children”, states Dragi Zmijanac – executive director of the Children’s Embassy “Megjashi”.
However, in a formal way, the new law amendments find support in the international practice as well. According to the International Organization of Labor, not every work of a juvenile is rated as children’s labor, i.e. as long as children volunteer or work something that does not influence their health or personal development and does not hinder their education, it is not considered an abuse of children’s labor.
The UNICEF Office in Skopje also states that children’s work at home or within a family business is not considered an abuse as long as the work does not endanger children’s health and does not impede their school attendance. In addition, the control plays an essential role. The authorities declare that it is going to be rigorous.
Translated by Goran Dimitriev,
volunteer at First Children’s Embassy in the World Megjashi
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