Also, the strict record of the days and hours worked was not intentionally kept, reason for
which the workload and the contribution for the submitted work were diminished.
During the on-site visit, carried out by the representatives of the People's Advocate Office, the
administrator of the economic agent abusively and contrary to the legislation in force (Law no. 52
of April 3, 2014 Art. 11, letter i) and Art. 320 of the Contravention Code) prohibited the access to
the territory of the managed economic unit. Access restrictions were determined by an attempt to
conceal violations and deviations from the legal rules on the employment of children. The next day,
the employees of the People's Advocate Office had access to the company's territory, but they could
no longer verify the veracity of the information, because it was visibly clear that some actions /
measures were taken to improve working conditions, a fact confirmed by the children themselves.
The children reported that they were prevented from talking to the representatives of the
People's Advocate for Children's Rights and that umbrellas, chairs, drinking water appeared while
access to the territory was restricted to the office employees. At the same time, the children were
created conditions to store food and were assigned space to eat, but all this was soon removed
again.
Assessing the situation following on-the-spot monitoring visits and after analyzing the
requested documents, the People's Advocate for Children's Rights finds a number of deviations
from international and national standards in the field of child rights protection.
Children are a specific and vulnerable group that will benefit from special protection as
required by international labour and child protection standards. Moreover, according to the
provisions in the field of labour law, the employee is considered a vulnerable person to the
employer, so the obligation to prove the facts falls on the employer. The lack of education and
information of the employed child is in contradiction with the provisions of the UN Convention on
the Rights of the Child, which stipulates that the information provided to the child should be
presented in a manner as child-friendly as possible so that he / she can understand and use it in
situations of need. Following the above, the Children's Ombudsman concludes that it is the
responsibility of the aqua park administrator to prove the facts and cannot be attributed to the
employed children.
In the process of examining the case, the People's Advocate for Children's Rights requested
the intervention of public line authorities, but which gave formal answers, with delegation of
powers:
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