Convention Concerning Minimum Age for Admission to Employment in United States

Convention Concerning Minimum Age for Admission to Employment

ENTRY INTO FORCE: 19 Jun 76

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 this instrument shall take the form of an
international Convention,

Adopts this 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. 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.

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.

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.

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.

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

(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. 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.

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.

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.

Article 4. 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.

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 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.

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.

Article 5. 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.

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.

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.

4. 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. 1. 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.

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.

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.

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.

Article 8. 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.

2. Permits so granted shall limit the number of hours during which and
prescribe the conditions in which employment or work is allowed.

Article 9. 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.

2. National laws or regulations or the competent authority shall define the
persons responsible for compliance with the provisions giving effect to the
Convention.

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.

Article 10. 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.

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, 1956, to further ratification.

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.

4. 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.

5. 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.

Article 11. The formal ratifications of this Convention shall be
communicated to the Director-General of the International Labour Office for
registration.

Article 12. 1. This Convention shall be binding only upon those Members of
the International Labour Organisation whose ratifications have been
registered with the Director-General.

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.

3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.

Article 13. 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 shall not
take effect until one year after the date on which it is registered.

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.

Article 14. 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.

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.

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 it 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. 1. 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.

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.

Article 18. The English and French versions of the text of this Convention
are equally authoritative.

The foregoing is the authentic text of the Convention duly adopted by the
General Conference of the International Labour Organisation during its
Fifty-eighth Session which was held at Geneva and declared closed the
twenty-seventh day of June 1973.

IN FAITH WHEREOF we have appended our signatures this twenty-seventh day of
June 1973.

The President of the Conference:
BINTU’A TSHIABOLA

The Director-General of the International Labour Office:
WILFRED JENKS