Convention concerning Minimum Age for Admission to
Employment (Note: Date of coming into force: 19:06:1976.)
Description: (Convention)
Convention:C138
Place: Geneva
Session of the Conference:58
Date of adoption:26:06:1973 See the ratifications for this Convention
The General Conference of the International Labour
Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Fifty-eighth Session on 6
June 1973, and
Having decided upon the adoption of certain proposals with
regard to minimum age for admission to employment, which is the fourth item on
the agenda of the session, and
Noting the terms of the Minimum Age (Industry) Convention,
1919, the Minimum Age (Sea) Convention, 1920, the Minimum Age (Agriculture)
Convention, 1921, the Minimum Age (Trimmers and Stokers) Convention, 1921, the
Minimum Age (Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea)
Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised),
1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937,
the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age (Underground
Work) Convention, 1965, and
Considering that the time has come to establish a general
instrument on the subject, which would gradually replace the existing ones
applicable to limited economic sectors, with a view to achieving the total
abolition of child labour, and
Having determined that these proposals shall take the form
of an international Convention,
adopts the twenty-sixth day of June of the year one thousand
nine hundred and seventy-three, the following Convention, which may be cited as
the Minimum Age Convention, 1973:
Article 1
Each Member for which this Convention is in force undertakes
to pursue a national policy designed to ensure the effective abolition of child
labour and to raise progressively the minimum age for admission to employment or
work to a level consistent with the fullest physical and mental development of
young persons.
Article 2
Each Member which ratifies this Convention shall specify,
in a declaration appended to its ratification, a minimum age for admission
to employment or work within its territory and on means of transport
registered in its territory; subject to Articles 4 to 8 of this Convention,
no one under that age shall be admitted to employment or work in any
occupation.
Each Member which has ratified this Convention may
subsequently notify the Director-General of the International Labour Office,
by further declarations, that it specifies a minimum age higher than that
previously specified.
The minimum age specified in pursuance of paragraph 1 of
this Article shall not be less than the age of completion of compulsory
schooling and, in any case, shall not be less than 15 years.
Notwithstanding the provisions of paragraph 3 of this
Article, a Member whose economy and educational facilities are
insufficiently developed may, after consultation with the organisations of
employers and workers concerned, where such exist, initially specify a
minimum age of 14 years.
Each Member which has specified a minimum age of 14 years
in pursuance of the provisions of the preceding paragraph shall include in
its reports on the application of this Convention submitted under article 22
of the constitution of the International Labour Organisation a statement:
that its reason for doing so subsists; or
that it renounces its right to avail itself of the
provisions in question as from a stated date.
Article 3
The minimum age for admission to any type of employment
or work which by its nature or the circumstances in which it is carried out
is likely to jeopardise the health, safety or morals of young persons shall
not be less than 18 years.
The types of employment or work to which paragraph 1 of
this Article applies shall be determined by national laws or regulations or
by the competent authority, after consultation with the organisations of
employers and workers concerned, where such exist.
Notwithstanding the provisions of paragraph 1 of this
Article, national laws or regulations or the competent authority may, after
consultation with the organisations of employers and workers concerned,
where such exist, authorise employment or work as from the age of 16 years
on condition that the health, safety and morals of the young persons
concerned are fully protected and that the young persons have received
adequate specific instruction or vocational training in the relevant branch
of activity.
Article 4
In so far as necessary, the competent authority, after
consultation with the organisations of employers and workers concerned,
where such exist, may exclude from the application of this Convention
limited categories of employment or work in respect of which special and
substantial problems of application arise.
Each Member which ratifies this Convention shall list in
its first report on the application of the Convention submitted under
article 22 of the Constitution of the International Labour Organisation any
categories which may have been excluded in pursuance of paragraph 1 of this
Article, giving the reasons for such exclusion, and shall state in
subsequent reports the position of its law and practice in respect of the
categories excluded and the extent to which effect has been given or is
proposed to be given to the Convention in respect of such categories.
Employment or work covered by Article 3 of this
Convention shall not be excluded from the application of the Convention in
pursuance of this Article.
Article 5
A Member whose economy and administrative facilities are
insufficiently developed may, after consultation with the organisations of
employers and workers concerned, where such exist, initially limit the scope
of application of this Convention.
Each Member which avails itself of the provisions of
paragraph 1 of this Article shall specify, in a declaration appended to its
ratification, the branches of economic activity or types of undertakings to
which it will apply the provisions of the Convention.
The provisions of the Convention shall be applicable as a
minimum to the following: mining and quarrying; manufacturing; construction;
electricity, gas and water; sanitary services; transport, storage and
communication; and plantations and other agricultural undertakings mainly
producing for commercial purposes, but excluding family and small-scale
holdings producing for local consumption and not regularly employing hired
workers.
Any Member which has limited the scope of application of
this Convention in pursuance of this Article:
shall indicate in its reports under article 22 of the
Constitution of the International Labour Organisation the general
position as regards the employment or work of young persons and children
in the branches of activity which are excluded from the scope of
application of this Convention and any progress which may have been made
towards wider application of the provisions of the Convention;
may at any time formally extend the scope of
application by a declaration addressed to the Director-General of the
International Labour Office.
Article 6
This Convention does not apply to work done by children and
young persons in schools for general, vocational or technical education or in
other training institutions, or to work done by persons at least 14 years of age
in undertakings, where such work is carried out in accordance with conditions
prescribed by the competent authority, after consultation with the organisations
of employers and workers concerned, where such exist, and is an integral part of:
a course of education or training for which a school or
training institution is primarily responsible;
a programme of training mainly or entirely in an
undertaking, which programme has been approved by the competent authority;
or
a programme of guidance or orientation designed to
facilitate the choice of an occupation or of a line of training.
Article 7
National laws or regulations may permit the employment or
work of persons 13 to 15 years of age on light work which is:
not likely to be harmful to their health or
development; and
not such as to prejudice their attendance at school,
their participation in vocational orientation or training programmes
approved by the competent authority or their capacity to benefit from
the instruction received.
National laws or regulations may also permit the
employment or work of persons who are at least 15 years of age but have not
yet completed their compulsory schooling on work which meets the
requirements set forth in sub-paragraphs (a) and (b) of paragraph 1 of this
Article.
The competent authority shall determine the activities in
which employment or work may be permitted under paragraphs 1 and 2 of this
Article and shall prescribe the number of hours during which and the
conditions in which such employment or work may be undertaken.
Notwithstanding the provisions of paragraphs 1 and 2 of
this Article, a Member which has availed itself of the provisions of
paragraph 4 of Article 2 may, for as long as it continues to do so,
substitute the ages 12 and 14 for the ages 13 and 15 in paragraph 1 and the
age 14 for the age 15 in paragraph 2 of this Article.
Article 8
After consultation with the organisations of employers
and workers concerned, where such exist, the competent authority may, by
permits granted in individual cases, allow exceptions to the prohibition of
employment or work provided for in Article 2 of this Convention, for such
purposes as participation in artistic performances.
Permits so granted shall limit the number of hours during
which and prescribe the conditions in which employment or work is allowed.
Article 9
All necessary measures, including the provision of
appropriate penalties, shall be taken by the competent authority to ensure
the effective enforcement of the provisions of this Convention.
National laws or regulations or the competent authority
shall define the persons responsible for compliance with the provisions
giving effect to the Convention.
National laws or regulations or the competent authority
shall prescribe the registers or other documents which shall be kept and
made available by the employer; such registers or documents shall contain
the names and ages or dates of birth, duly certified wherever possible, of
persons whom he employs or who work for him and who are less than 18 years
of age.
Article 10
This Convention revises, on the terms set forth in this
Article, the Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea)
Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, the
Minimum Age (Trimmers and Stokers) Convention, 1921, the Minimum Age
(Non-Industrial Employment) Convention, 1932, the Minimum Age (Sea)
Convention (Revised), 1936, the Minimum Age (Industry) Convention (Revised),
1937, the Minimum Age (Non-Industrial Employment) Convention (Revised),
1937, the Minimum Age (Fishermen) Convention, 1959, and the Minimum Age
(Underground Work) Convention, 1965.
The coming into force of this Convention shall not close
the Minimum Age (Sea) Convention (Revised), 1936, the Minimum Age (Industry)
Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment)
Convention (Revised), 1937, the Minimum Age (Fishermen) Convention, 1959, or
the Minimum Age (Underground Work) Convention, 1965, to further
ratification.
The Minimum Age (Industry) Convention, 1919, the Minimum
Age (Sea) Convention, 1920, the Minimum Age (Agriculture) Convention, 1921,
and the Minimum Age (Trimmers and Stokers) Convention, 1921, shall be closed
to further ratification when all the parties thereto have consented to such
closing by ratification of this Convention or by a declaration communicated
to the Director-General of the International Labour Office.
When the obligations of this Convention are accepted:
by a Member which is a party to the Minimum Age
(Industry) Convention (Revised), 1937, and a minimum age of not less
than 15 years is specified in pursuance of Article 2 of this Convention,
this shall ipso jure involve the immediate denunciation of that
Convention,
in respect of non-industrial employment as defined in
the Minimum Age (Non-Industrial Employment) Convention, 1932, by a
Member which is a party to that Convention, this shall ipso jure involve
the immediate denunciation of that Convention,
in respect of non-industrial employment as defined in
the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937,
by a Member which is a party to that Convention, and a minimum age of
not less than 15 years is specified in pursuance of Article 2 of this
Convention, this shall ipso jure involve the immediate denunciation of
that Convention,
in respect of maritime employment, by a Member which
is a party to the Minimum Age (Sea) Convention (Revised), 1936, and a
minimum age of not less than 15 years is specified in pursuance of
Article 2 of this Convention or the Member specifies that Article 3 of
this Convention applies to maritime employment, this shall ipso jure
involve the immediate denunciation of that Convention,
in respect of employment in maritime fishing, by a
Member which is a party to the Minimum Age (Fishermen) Convention, 1959,
and a minimum age of not less than 15 years is specified in pursuance of
Article 2 of this Convention or the Member specifies that Article 3 of
this Convention applies to employment in maritime fishing, this shall
ipso jure involve the immediate denunciation of that Convention,
by a Member which is a party to the Minimum Age
(Underground Work) Convention, 1965, and a minimum age of not less than
the age specified in pursuance of that Convention is specified in
pursuance of Article 2 of this Convention or the Member specifies that
such an age applies to employment underground in mines in virtue of
Article 3 of this Convention, this shall ipso jure involve the immediate
denunciation of that Convention, if and when this Convention shall have
come into force.
Acceptance of the obligations of this Convention:
shall involve the denunciation of the Minimum Age
(Industry) Convention, 1919, in accordance with Article 12 thereof,
in respect of agriculture shall involve the
denunciation of the Minimum Age (Agriculture) Convention, 1921, in
accordance with Article 9 thereof,
in respect of maritime employment shall involve the
denunciation of the Minimum Age (Sea) Convention, 1920, in accordance
with Article 10 thereof, and of the Minimum Age (Trimmers and Stokers)
Convention, 1921, in accordance with Article 12 thereof, if and when
this Convention shall have come into force.
Article 11
The formal ratifications of this Convention shall be
communicated to the Director-General of the International Labour Office for
registration.
Article 12
This Convention shall be binding only upon those Members
of the International Labour Organisation whose ratifications have been
registered with the Director-General.
It shall come into force twelve months after the date on
which the ratifications of two Members have been registered with the
Director-General.
Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratifications has been
registered.
Article 13
A Member which has ratified this Convention may denounce
it after the expiration of ten years from the date on which the Convention
first comes into force, by an Act communicated to the Director-General of
the International Labour Office for registration. Such denunciation should
not take effect until one year after the date on which it is registered.
Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period of ten
years mentioned in the preceding paragraph, exercise the right of
denunciation provided for in this Article, will be bound for another period
of ten years and, thereafter, may denounce this Convention at the expiration
of each period of ten years under the terms provided for in this Article.
Article 14
The Director-General of the International Labour Office
shall notify all Members of the International Labour Organisation of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organisation.
When notifying the Members of the Organisation of the
registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the Organisation
to the date upon which the Convention will come into force.
Article 15
The Director-General of the International Labour Office
shall communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United Nations
full particulars of all ratifications and acts of denunciation registered by him
in accordance with the provisions of the preceding Articles.
Article 16
At such times as may consider necessary the Governing Body
of the International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole or
in part.
Article 17
Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new Convention
otherwise provides:
the ratification by a Member of the new revising
Convention shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 13 above, if and
when the new revising Convention shall have come into force;
as from the date when the new revising Convention
comes into force this Convention shall cease to be open to ratification
by the Members.
This Convention shall in any case remain in force in its
actual form and content for those Members which have ratified it but have
not ratified the revising Convention.
Article 18
The English and French versions of the text of this
Convention are equally authoritative.
