International Labor Organization C138 Minimum Age Convention, 1973 PREAMBLE
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--
(a) that its reason for doing so subsists; or
(b) 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--
(a) 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;
(b) 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) a course of education or training for which a school or training
institution is primarily responsible;
(b) a programme of training mainly or entirely in an undertaking which
programme has been approved by the competent authority; or
(c) 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--
(a) not likely to be harmful to their health or development; and
(b) 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--
(a) 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,
(b) 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,
(c) 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,
(d) 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,
(e) 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,
(f) 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--
(a) shall involve the denunciation of the Minimum Age (Industry)
Convention, 1919, in accordance with Article 12 thereof,
(b) in respect of agriculture shall involve the denunciation of the Minimum
Age (Agriculture) Convention, 1921, in accordance with Article 9 thereof,
(c) 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.
Final Provisions
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:
a) 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;
b) 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.
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