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

  14 (32%)
  15 (43%)
  16 (25%)

ILO Convention C138 entered into force one year after deposition of the first two ratifications (Cuba and Libya). As of July 2023 176 countries have ratified Convention C138. Initially, however, the pace of ratification of this convention was extremely slow. Therefore, an alternative Convention with a more limited scope was initiated in 1999. [22] It concerns ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Convention C138 enters into force for a ratifying country one year after ratification. This can be denounced[ clarification needed ] every 10 years in the year after 10 years have passed (e.g. 19 June 202719 June 2028).

The following countries have ratified this convention:
CountryDateMinimum age (years)
Afghanistan 7 April 201014
Albania 16 February 199816
Algeria 30 April 198416
Angola 13 June 200114
Antigua and Barbuda 17 March 198316
Argentina 11 November 199614
Armenia 27 January 200616
Australia 13 June 202315
Austria 18 September 200015
Azerbaijan 19 May 199216
Bahamas 31 October 200114
Bahrain 7 March 201215
Bangladesh 22 March 202214
Barbados 4 January 200015
Belarus (as the Byelorussian Soviet Socialist Republic)3 May 197916
Belgium 19 April 198815
Belize 6 March 200014
Benin 11 June 200114
Bolivia 11 June 199714
Bosnia and Herzegovina 2 June 199315
Botswana 5 June 199714
Brazil 28 June 200116
Brunei 17 June 201116
Bulgaria 23 April 198016
Burkina Faso 11 February 199915
Burundi 19 July 200016
Cambodia 23 August 199914
Cameroon 13 August 200114
Canada 8 June 201616
Cape Verde 7 February 201115
Central African Republic 28 June 200014
Chad 21 March 200514
Chile 1 February 199915
China 28 April 199916
Colombia 2 February 200114
Comoros 17 March 200415
Congo 26 November 199914
Costa Rica 11 June 197615
Côte d'Ivoire 7 February 200314
Croatia 8 October 199115
Cuba 7 March 197515
Cyprus 2 October 199715
Czech Republic 26 April 200715
Democratic Republic of the Congo 20 June 200114
Denmark 13 November 199715
Djibouti 14 June 200516
Dominica 27 September 198315
Dominican Republic 15 June 199914
Ecuador 19 September 200014
Egypt 9 June 199914
El Salvador 23 January 199614
Equatorial Guinea 12 June 198514
Eritrea 22 February 200014
Estonia 15 March 200715
Ethiopia 27 May 199914
Fiji 3 January 200315
Finland 13 January 197615
France 13 July 199016
Gabon 25 October 201016
Gambia 4 September 200014
Ghana 6 June 201115
Georgia 23 September 199615
Germany 8 April 197615
Greece 14 March 198615
Grenada 14 May 200316
Guatemala 27 April 199014
Guinea 6 June 200316
Guinea-Bissau 5 March 200914
Guyana 15 April 199815
Haiti 5 March 200914
Honduras 9 June 198014
Hungary 28 May 199816
Iceland 6 December 199915
India 13 June 201714
Indonesia 7 June 199915
Iraq 13 February 198515
Ireland 22 June 197816
Israel 21 June 197915
Italy 28 July 198115
Jamaica 13 October 200315
Japan 5 June 200015
Jordan 23 March 199816
Kazakhstan 18 May 200116
Kenya 9 April 197916
Kiribati 17 June 200914
South Korea 28 January 199915
Kuwait 15 November 199915
Kyrgyzstan 31 March 199216
Laos 13 June 200514
Latvia 2 June 200615
Lebanon 10 June 200314
Lesotho 14 June 200115
Liberia 13 June 202215
Libya 19 June 197515
Lithuania 22 June 199816
Luxembourg 24 March 197715
Macedonia 17 November 199115
Madagascar 31 May 200015
Malawi 19 November 199914
Malaysia 9 September 199715
Maldives 4 January 201316
Mali 11 March 200215
Malta 9 June 198816
Mauritania 3 December 200114
Mauritius 30 July 199015
Mexico 10 June 201515
Moldova 21 September 199916
Montenegro 3 June 200615
Mongolia 16 December 200215
Morocco 6 January 200015
Mozambique 16 June 200315
Myanmar 8 June 202014
Namibia 15 November 200014
Nepal 30 May 199714
Netherlands (European territory)14 September 197615
Netherlands (Aruba)18 February 1986 [23] 15
Nicaragua 2 November 198114
Niger 4 December 197814
Nigeria 2 October 200215
Norway 8 July 198015
Oman 21 July 200515
Pakistan 6 July 200614
Panama 31 October 200014
Papua New Guinea 2 June 200016
Paraguay 3 March 200414
Peru 13 November 200214
Philippines 4 June 199815
Poland 22 March 197815
Portugal 20 May 199816
Qatar 3 January 200616
Romania 19 November 197516
Russia (as the Soviet Union)3 May 197916
Rwanda 15 April 198114
Saint Kitts and Nevis 3 June 200516
Saint Vincent and the Grenadines 25 July 200614
Samoa 29 October 200815
San Marino 1 February 199516
São Tomé and Príncipe 4 May 200514
Saudi Arabia 2 April 201415
Senegal 15 December 199915
Serbia (as Serbia and Montenegro)24 November 200015
Seychelles 7 March 200015
Sierra Leone 13 June 201116
Singapore 7 November 200515
Slovakia 29 September 199715
Slovenia 29 May 199215
Solomon Islands 22 April 201314
South Africa 30 March 200016
South Sudan 29 April 201214
Spain 16 May 197716
Sri Lanka 11 February 200014
Sudan 7 March 200314
Suriname 15 January 201816
Swaziland 23 October 200215
Sweden 23 April 199015
Switzerland 17 August 199915
Syria 18 September 200115
Tajikistan 26 November 199316
Tanzania 16 December 199814
Thailand 11 May 200415
Togo 16 March 198414
Trinidad and Tobago 3 September 200416
Tunisia 19 October 199516
Turkey 30 October 199815
Turkmenistan 27 March 201216
Uganda 25 March 200314
Ukraine (as the Ukrainian Soviet Socialist Republic)3 May 197916
United Arab Emirates 2 October 199815
United Kingdom 7 June 200016
Uruguay 2 June 197715
Uzbekistan 6 March 200915
Venezuela 15 July 198714
Vietnam 24 June 200315
Vanuatu 24 June 201914
Yemen 15 June 200014
Zambia 9 February 197615
Zimbabwe 6 June 200014

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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