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C138 Minimum Age Convention, 1973 
</font></h3><font size=-2>
Convention concerning Minimum Age for Admission to Employment 
(Note: Date of coming into force: 19:06:1976.) 
<br>Convention:C138 
<br>Place:Geneva 
<br>Session of the Conference:58 
<br>
        Date of adoption:26:06:1973 <br> 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
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<p>
<p>
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<p>
<p>
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<p>
<p>
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<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
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:<p>
<p>
<p> 
<p>
Article 1<p>
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.<p>
<p>
Article 2<p>
1. 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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
4. 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.<p>
<p>
5. 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--<p>
 (a) that its reason for doing so subsists; or<p>
 (b) that it renounces its right to avail itself of the provisions in question 
as from a stated date.<p>
<p>
Article 3<p>
1. 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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
Article 4<p>
1. 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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
Article 5<p>
1. 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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
4. Any Member which has limited the scope of application of this Convention in 
pursuance of this Article--<p>
 (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;<p>
 (b) may at any time formally extend the scope of application by a declaration 
addressed to the Director-General of the International Labour Office.<p>
<p>
Article 6<p>
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--<p>
 (a) a course of education or training for which a school or training 
institution is primarily responsible;<p>
 (b) a programme of training mainly or entirely in an undertaking, which 
programme has been approved by the competent authority; or<p>
 (c) a programme of guidance or orientation designed to facilitate the choice 
of an occupation or of a line of training.<p>
<p>
Article 7<p>
1. National laws or regulations may permit the employment or work of persons 
13 to 15 years of age on light work which is--<p>
 (a) not likely to be harmful to their health or development; and<p>
 (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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
4. 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.<p>
<p>
Article 8<p>
1. 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.<p>
<p>
2. Permits so granted shall limit the number of hours during which and 
prescribe the conditions in which employment or work is allowed.<p>
<p>
Article 9<p>
1. 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.<p>
<p>
2. National laws or regulations or the competent authority shall define the 
persons responsible for compliance with the provisions giving effect to the 
Convention.<p>
<p>
3. 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.<p>
<p>
Article 10<p>
1. 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.<p>
<p>
2. 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.<p>
<p>
3. 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.<p>
<p>
4. When the obligations of this Convention are accepted--<p>
 (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,<p>
 (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,<p>
 (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,<p>
 (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,<p>
 (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,<p>
 (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.<p>
<p>
5. Acceptance of the obligations of this Convention--<p>
 (a) shall involve the denunciation of the Minimum Age (Industry) Convention, 
1919, in accordance with Article 12 thereof,<p>
 (b) in respect of agriculture shall involve the denunciation of the Minimum 
Age (Agriculture) Convention, 1921, in accordance with Article 9 thereof,<p>
 (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.<p>
<p>
  
<p>
Article 11<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 12<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 13<p>
   1. 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.<p>
<p>
   2. 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.<p>
<p>
Article 14<p>
   1. 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.<p>
<p>
   2. 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.<p>
<p>
Article 15<p>
   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.<p>
<p>
Article 16<p>
   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.<p>
<p>
Article 17<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
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;<p>
<p>
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.<p>
   2. 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.<p>
<p>
Article 18<p>
   The English and French versions of the text of this Convention are equally 
authoritative.
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