Minimum Age Convention, 1973

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C138, Minimum Age Convention, 1973
Convention Concerning Minimum Age for Admission to Employment
Minimum Age Convention, 1973.svg
Member states of the Convention.
  16
  15
  14
Drafted26 June 1973
Effective19 June 1976
Condition2 ratifications
Ratifiers176
DepositaryDirector-General of the International Labour Office
LanguagesFrench and English

The ILO Convention Concerning Minimum Age for Admission to Employment C138, [1] is a convention adopted in 1973 by the International Labour Organization. It requires ratifying states 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. It is one of eight ILO fundamental conventions. Convention C138 replaces several similar ILO conventions in specific fields of labour.

Contents

Minimum ages

Countries are free to specify a minimum age for labour, with a minimum of 15 years. A declaration of 14 years is also possible when for a specified period of time. Laws may also permit light work for children aged 13–15 (not harming their health or school work). The minimum age of 18 years is specified for work which "is likely to jeopardise the health, safety or morals of young persons". Definitions of the type of work and derogations are only possible after tripartite consultations (if such a system exists in the ratifying country).

Effect on other conventions

The convention is a revision of several conventions for workers in specific areas. Upon entry into force, some of these conventions were closed for ratification and becoming a party to this convention automatically resulted in denunciation of the older ones. An overview of older minimum age conventions of ILO is shown below:

ILO codeFieldconclusion dateentry into forceclosure for signature/withdrawalParties
(January 2023)
Denunciations
(January 2023)
Revising convention(s)Text and ratifications references
C5Industry28 November 191913 June 1921N.A.171C59, this convention [2] [3]
C7Sea7 July 192027 September 192119 June 2021 [4] 152C58, this convention, MLC [5]
C10Agriculture16 November 192131 August 1923N.A.451this convention [6] [7]
C15 trimmers and stokers 11 November 192120 November 1922N.A.762this convention [8] [9]
C33Non-Industrial Employment (revised)30 April 19326 June 193529 December 1950223C60, this convention [10] [11]
C58Sea (revised)24 October 193611 April 1939N.A.645this convention, MLC [12] [13]
C59Industry (revised)22 June 193721 February 194119 June 1976828this convention [14] [15]
C60Non-Industrial Employment22 June 193729 December 1950N.A.011this convention [16] [17]
C112Fishermen19 June 19597 November 1961N.A.227this convention, Work in Fishing Convention [18] [19]
C123Underground Work22 June 196510 November 1967N.A.2120this convention [20] [21]

Ratifications

Minimum ages defined by states
  1. 14 (32.0%)
  2. 15 (43.0%)
  3. 16 (25.0%)

References

  1. 1973 ILO Convention C138: Minimum Age Convention (Convention concerning Minimum Age for Admission to Employment)(58th Conference Session Geneva 1973), 1015 United Nations Treaty Series, p. 297.
  2. "Convention C005 - Minimum Age (Industry) Convention, 1919 (No. 5)". www.ilo.org.
  3. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  4. "Withdrawal of Convention 7 withdrawal of minimum age (sea) convention, 1920 (No. 7)" (PDF). ILO. Retrieved 31 December 2022.
  5. "Convention C007 - Minimum Age (Sea) Convention, 1920 (No. 7)". www.ilo.org.
  6. "Convention C010 - Minimum Age (Agriculture) Convention, 1921 (No. 10)". www.ilo.org.
  7. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  8. "Convention C015 - Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15)". www.ilo.org.
  9. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  10. "Convention C033 - Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33)". www.ilo.org.
  11. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  12. "Convention C058 - Minimum Age (Sea) Convention (Revised), 1936 (No. 58)". www.ilo.org.
  13. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  14. "Convention C059 - Minimum Age (Industry) Convention (Revised), 1937 (No. 59)". www.ilo.org.
  15. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  16. "Convention C060 - Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60)". www.ilo.org.
  17. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  18. "Convention C112 - Minimum Age (Fishermen) Convention, 1959 (No. 112)". www.ilo.org.
  19. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  20. "Convention C123 - Minimum Age (Underground Work) Convention, 1965 (No. 123)". www.ilo.org.
  21. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
  22. Nissen, A. (15 June 2018). "Can WTO Member States Rely on Citizen Concerns to Prevent Corporations from Importing Goods Made from Child Labour?". Utrecht Law Review. 14 (2): 70. doi: 10.18352/ulr.436 . hdl: 10535/10409 . p. 74 referring to 1999 ILO Convention C182: Worst Forms of Child Labour Convention (Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour), 2133 United Nations Treaty Series, p. 163
  23. Verdragenbank Archived 2 January 2018 at the Wayback Machine Ministry of Foreign Affairs of the Netherlands