Особливості охорони праці неповнолітніх: національні тенденції та зарубіжний досвід

The article examines the features of labor protection of minors, analyzes the national regulatory and legal regulation of this sphere of labor relations based on the positive foreign experience of such countries as Germany, the USA, etc. It is noted that the legislation of Ukraine in the sphere of labor protection of minors meets the standards and requirements enshrined in international documents. In particular, the rights of young people in labor relations are quite broad and enshrined in the Constitution of Ukraine and the Labor Code of Ukraine. Also, regulatory and legal regulation in the field of labor protection of minors is also carried out by the Labor Code of Ukraine dated 10.12.1971 No. 322-VIII, the laws of Ukraine “On Labor Protection” dated 14.10.1992 No. 2694-XII, “On Childhood Protection” dated 26.04.2001 No. 2402-III, “On Promoting the Social Formation and Development of Youth in Ukraine” dated 05.02.1993 No. 2998-XII, “On Employment of the Population” dated 05.07.2012 No. 5067-VI and numerous subordinate regulatory and legal acts. It is emphasized that minors are the most productive in the socio-demographic sense. They are an indispensable element in the natural process of generational change, ensuring the quantitative renewal of the population and achieving its long-term existence. However, the current legislation establishes certain prohibitions on the use of minors’ labor. Thus, it is prohibited to use the labor of persons under 18 years of age in heavy work and work with harmful or dangerous working conditions, as well as in underground work. It is also prohibited to involve persons under 18 years of age in lifting and moving objects whose mass exceeds the limit standards established for them. The list of heavy work and work with harmful and dangerous working conditions, in which the use of minors’ labor is prohibited, is approved by order of the Ministry of Health of Ukraine. The labor legislation of a number of foreign countries is somewhat different from that in Ukraine. Unlike Western countries, in Ukraine, the labor of minors is currently not used actively enough. This is, in particular, due to the complexity of the legislative regulation of the procedure for hiring minors, a large number of restrictions on their employment, etc. Therefore, it is easier and safer for the employer to use the labor of minors unofficially or to refuse such experience altogether. During inspections of violations of labor legislation regarding employees under the age of 18, violations of special norms that establish the specifics of the work of minors are not so often detected. Violations of general norms that apply to all employees are mainly recorded. As an example of the work of minors, the borrowing of positive experience from Germany was emphasized, because the work culture of employees of our enterprises is closer to Germany than to the USA. In this regard, it is worth adopting positive foreign experience and bringing the norms of national labor legislation into line with international labor standards, which will contribute to the eradication of discrimination against child labor and the protection of the labor rights of minors in Ukraine.