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ILO Recommendation No. 146 Recommendation Concerning Minimum Age for Admission to Employment
The General Conference of the International Labour Organization,
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
Recognizing that the effective abolition of child labour and the progressive
raising of the minimum age for admission to employment constitute only one
aspect of the protection and advancement of children and young persons, and
Noting the concern of the whole United Nations system with such protection
and advancement, and
Having adopted the Minimum Age Convention, 1973, and
Desirous to define further certain elements of policy which are the concern
of the International Labour Organization, and
Having decided upon the adoption of certain proposals regarding minimum age
for admission to employment, which is the fourth item on the agenda of the
session, and
Having determined that these proposals shall take the form of a
Recommendation supplementing the Minimum Age Convention, 1973,
Adopts this twenty-sixth day of June of the year one thousand nine hundred
and seventy-three, the following Recommendation, which may be cited as the
Minimum Age Recommendation, 1973:
I. NATIONAL POLICY
- To ensure the success of the national policy provided for in Article 1 of
the Minimum Age Convention, 1973, high priority should be given to planning for
and meeting the needs of children and youth in national development policies and
programs and to the progressive extension of the inter-related measures
necessary to provide the best possible conditions of physical and mental growth
for children and young persons.
- In this connection special attention should be given to such areas of
planning and policy as the following:
- (a) firm national commitment to full employment, in accordance with the
Employment Policy Convention and Recommendation, 1964, and the taking of
measures designed to promote employment-oriented development in rural and urban
areas;
(b) the progressive extension of other economic and social
measures to alleviate poverty wherever it exists and to ensure family living
standards and income which are such as to make it unnecessary to have recourse
to the economic activity of children;
(c) the development and
progressive extension, without any discrimination, of social security and family
welfare measures aimed at ensuring child maintenance, including children's
allowances;
(d) the development and progressive extension of
appropriate facilities for education and vocational orientation and training
appropriate in form and content to the needs of children and young persons
concerned;
(e) the development and progressive extension of adequate
facilities for the protection and welfare of children and young persons,
including employed young persons, and for the promotion of their development.
- Particular account should as necessary be taken of the needs of children
and young persons who do not have families or do not live with their own
families and of migrant children and young persons who live and travel with
their families. Measures taken to that end should include the provision of
fellowships and vocational training.
- Full-time attendance at school or participation in approved vocational
orientation or training programs should be required and effectively ensured up
to an age at least equal to that specified for admission to employment in
accordance with Article 2 of the Minimum Age Convention, 1973.
- (1) Consideration should be given to measures such as preparatory
training, not involving hazards, for types of employment or work in respect of
which the minimum age prescribed in accordance with Article 3 of the Minimum Age
Convention, 1973, is higher than the age of completion of compulsory full-time
schooling.
(2) Analogous measures should be envisaged where the
professional exigencies of a particular occupation include a minimum age for
admission which is higher than the age of completion of compulsory full-time
schooling.
II. MINIMUM AGE
- The minimum age should be fixed at the same level for all sectors of
economic activity.
- (1) Members should take as their objective the progressive raising to 16
years of the minimum age for admission to employment or work specified in
pursuance of Article 2 of the Minimum Age Convention, 1973.
Where the
minimum age for employment or work covered by Article 2 of the Minimum Age
Convention, 1973, is still below 15 years, urgent steps should be taken to raise
it to that level.
- Where it is not immediately feasible to fix a minimum age for all
employment in agriculture and in related activities in rural areas, a minimum
age should be fixed at least for employment on plantations and, in the other
agricultural undertakings referred to in Article 5, paragraph 3, of the Minimum
Age Convention, 1973.
III. HAZARDOUS EMPLOYMENT OR WORK
- Where the minimum age for admission to types of employment or work which
are likely to jeopardize the health, safety or morals of young persons is still
below 18 years, immediate steps should be taken to raise it to that level.
- (1) In determining the types of employment or work to which Article 3 of
the Minimum Age Convention, 1973, applies, full account should be taken of
relevant international labour standards, such as those concerning dangerous
substances, agents or processes (including ionizing radiations), the lifting of
heavy weights and underground work.
(2) The list of the types of
employment or work in question should be re-examined periodically and revised as
necessary, particularly in the light of advancing scientific and technological
knowledge.
- Where, by reference to Article 5 of the Minimum Age Convention, 1973, a
minimum age is not immediately fixed for certain branches of economic activity
or types of undertakings, appropriate minimum age provisions should be made
applicable therein to types of employment or work presenting hazards for young
persons.
IV. CONDITIONS OF EMPLOYMENT
- (1) Measures should be taken to ensure that the conditions in which
children and young persons under the age of 18 years are employed or work reach
and are maintained at a satisfactory standard. These conditions should be
supervised closely.
(2) Measures should likewise be taken to safeguard
and supervise the conditions in which children and young persons undergo
vocational orientation and training within undertakings, training institutions
and schools for vocational or technical education and to formulate standards for
their protection and development.
- (1) In connection with the application of the preceding Paragraph, as well
as in giving effect to Article 7, paragraph 3, of the Minimum Age Convention,
1973, special attention should be given to --
- (a) the provision of fair remuneration and its protection, bearing in mind
the principle of equal pay for equal work;
(b) the strict limitation of
the hours spent at work in a day and in a week, and the prohibition of overtime,
so as to allow enough time for education and training (including the time needed
for homework related thereto), for rest during the day and for leisure
activities;
(c) the granting, without possibility of exception, save in
genuine emergency, of a minimum consecutive period of 12 hours night rest, and
of customary weekly rest days;
(d) the granting of an annual holiday
with pay of at least four weeks and, in any case, not shorter than that granted
to adults;
(e) coverage by social security schemes, including
employment injury, medical care and sickness benefit schemes, whatever the
conditions of employment or work may be;
(f) the maintenance of
satisfactory standards of safety and health and appropriate instruction and
supervision.
(2) Subparagraph (1) of this Paragraph applies
to young seafarers in so far as they are not covered in respect of the matters
dealt with therein by international labour Conventions or Recommendations
specifically concerned with maritime employment.
V. ENFORCEMENT
- (1) Measures to ensure the effective application of the Minimum Age
Convention, 1973, and of this Recommendation should include --
- (a) the strengthening as necessary of labour inspection and related
services, for instance by the special training of inspectors to detect abuses in
the employment or work of children and young persons and to correct such abuses;
and
(b) the strengthening of services for the improvement and
inspection of training in undertakings.
(2) Emphasis should
be placed on the role which can be played by inspectors in supplying information
and advice on effective means of complying with relevant provisions as well as
in securing their enforcement.
(3) Labour inspection and inspection of
training in undertakings should be closely co-ordinated to provide the greatest
economic efficiency and, generally, the labour administration services should
work in close co-operation with the services responsible for the education,
training, welfare and guidance of children and young persons.
- Special attention should be paid --
(a) to the enforcement of
provisions concerning employment in hazardous types of employment or work; and
(b)
in so far as education or training is compulsory, to the prevention of the
employment or work of children and young persons during the hours when
instruction is available.
- The following measures should be taken to facilitate the verification of
ages:
(a) The public authorities should maintain an effective system of
birth registration, which should include the issue of birth certificates;
(b)
employers should be required to keep and to make available to the competent
authority registers or other documents indicating the names and ages or dates of
birth, duly certified wherever possible, not only of children and young persons
employed by them but also of those receiving vocational orientation or training
in their undertakings;
(c) children and young persons working in
the streets, in outside stalls, in public places, in itinerant occupations or in
other circumstances which make the checking of employers records impracticable
should be issued licenses or other documents indicating their eligibility for
such work.
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