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准许受雇最低年龄公约 CONVENTION No. 138 Convention concerning Minimum Age for AdmissiontoEmployment

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第138号公约
颁布日期:19730626  实施日期:19760619  颁布单位:日内瓦

  [Date of coming into force: 19 June 1976.]

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Fifty-eighth Sessionon 6 June 1973, and

  Having decided upon the adoption of certain proposals with regard tominimum age for admission to employment, which is the fourth item on theagenda of the session, and

  Noting the terms of the Minimum Age (Industry) Convention, 1919, theMinimum 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 MinimumAge (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 instrumenton the subject, which would gradually replace the existing onesapplicable to limited economic sectors, with a view to achieving thetotal abolition of child labour, and

  Having determined that this instrument shall take the form of aninternational Convention, adopts this twenty-sixth day of June of theyear 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 pursuea national policy designed to ensure the effective abolition of childlabour and to raise progressively the minimum age for admission toemployment or work to a level consistent with the fullest physical andmental development of young persons.

  Article 2

  1. Each Member which ratifies this Convention shall specify, in adeclaration appended to its ratification, a minimum age for admission toemployment or work within its territory and on means of transportregistered in its territory; subject to Articles 4 to 8 of thisConvention, no one under that age shall be admitted to employment or workin any occupation.

  2. Each Member which has ratified this Convention may subsequentlynotify the Director-General of the International Labour Office, by furtherdeclarations, that it specifies a minimum age higher than that previouslyspecified.

  3. The minimum age specified in pursuance of paragraph 1 of thisArticle shall not be less than the age of completion of compulsoryschooling and, in any case, shall not be less than 15 years.

  4. Notwithstanding the provisions of paragraph 3 of this Article, aMember whose economy and educational facilities are insufficientlydeveloped may, after consultation with the organizations of employers andworkers concerned, where such exist, initially specify a minimum age of 14years.

  5. Each Member which has specified a minimum age of 14 years inpursuance of the provisions of the preceding paragraph shall include inits reports on the application of this Convention submitted under article22 of the Constitution of the International Labour Organization astatement——

  (a) that its reason for doing so subsists; or

  (b) that it renounces its right to avail itself of the provisionsin question as from a stated date.

  Article 3

  1. The minimum age for admission to any type of employment or workwhich by its nature or the circumstances in which it is carried out islikely to jeopardise the health, safety or morals of young persons shallnot be less than 18 years.

  2. The types of employment or work to which paragraph 1 of thisArticle applies shall be determined by national laws or regulations or bythe competent authority, after consultation with the organizations ofemployers 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, afterconsultation with the organizations of employers and workers concerned,where such exist, authorise employment or work as from the age of 16 yearson condition that the health, safety and morals of the young personsconcerned are fully protected and that the young persons have receivedadequate specific instruction or vocational training in the relevantbranch of activity.

  Article 4

  1. In so far as necessary, the competent authority, after consultationwith the organizations of employers and workers concerned, where suchexist, may exclude from the application of this Convention limitedcategories of employment or work in respect of which special andsubstantial problems of application arise.

  2. Each Member which ratifies this Convention shall list in its firstreport on the application of the Convention submitted under article 22 ofthe Constitution of the International Labour Organization any categorieswhich may have been excluded in pursuance of paragraph 1 of this Article,giving the reasons for such exclusion, and shall state in subsequentreports the position of its law and practice in respect of the categoriesexcluded and the extent to which effect has been given or is proposed tobe given to the Convention in respect of such categories.

  3. Employment or work covered by Article 3 of this Convention shallnot be excluded from the application of the Convention in pursuance ofthis Article.

  Article 5

  1. A Member whose economy and administrative facilities areinsufficiently developed may, after consultation with the organizations ofemployers and workers concerned, where such exist, initially limit thescope of application of this Convention.

  2. Each Member which avails itself of the provisions of paragraph 1 ofthis Article shall specify, in a declaration appended to its ratification,the branches of economic activity or types of undertakings to which itwill apply the provisions of the Convention.

  3. The provisions of the Convention shall be applicable as a minimumto the following: mining and quarrying; manufacturing; construction;electricity, gas and water; sanitary services; transport, storage andcommunication; and plantations and other agricultural undertakings mainlyproducing for commercial purposes, but excluding family and small-scaleholdings producing for local consumption and not regularly employing hiredworkers.

  4. Any Member which has limited the scope of application of thisConvention in pursuance of this Article——

  (a) shall indicate in its reports under article 22 of theConstitution of the International Labour Organization the general positionas regards the employment or work of young persons and children in thebranches of activity which are excluded from the scope of application ofthis Convention and any progress which may have been made towards widerapplication of the provisions of the Convention;

  (b) may at any time formally extend the scope of application by adeclaration addressed to the Director-General of the International LabourOffice.

  Article 6

  This Convention does not apply to work done by children and youngpersons in schools for general, vocational or technical education or inother training institutions, or to work done by persons at least 14 yearsage in undertakings, where such work is carried out in accordance withconditions prescribed by the competent authority, after consultation withthe organizations 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 ortraining 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 facilitatethe choice of an occupation or of a line of training.

  Article 7

  1. National laws or regulations may permit the employment or work ofpersons 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, theirparticipation in vocational orientation or training programmes approved bythe competent authority or their capacity to benefit from the instructionreceived.

  2. National laws or regulations may also permit the employment or workof persons who are at least 15 years age but have not yet completed theircompulsory schooling on work which meets the requirements set forth insub-paragraphs (a) and (b) of paragraph 1 of this Article.

  3. The competent authority shall determine the activities in whichemployment or work may be permitted under paragraphs 1 and 2 of thisArticle and shall prescribe the number of hours during which and theconditions in which such employment or work may be undertaken.

  4. Notwithstanding the provisions of paragraphs 1 and 2 of thisArticle, a Member which has availed itself of the provisions of paragraph4 of Article 2 may, for as long as it continues to do so, substitute theages 12 and 14 for the ages 13 and 15 in paragraph 1 and the age 14 forthe age 15 in paragraph 2 of this Article.

  Article 8

  1. After consultation with the organizations of employers and workersconcerned, where such exist, the competent authority may, by permitsgranted in individual cases, allow exceptions to the prohibition ofemployment or work provided for in Article 2 of this Convention, for suchpurposes as participation in artistic performances.

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

  Article 9

  1. All necessary measures, including the provision of appropriatepenalties, shall be taken by the competent authority to ensure theeffective enforcement of the provisions of this Convention.

  2. National laws or regulations or the competent authority shalldefine the persons responsible for compliance with the provisions givingeffect to the Convention.

  3. National laws or regulations or the competent authority shallprescribe the registers or other documents which shall be kept and madeavailable by the employer; such registers or documents shall contain thenames and ages or dates of birth, duly certified wherever possible, ofpersons whom he employs or who work for him and who are less than 18 yearsof 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, theMinimum 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 theMinimum Age (Underground Work) Convention, 1965.

  2. The coming into force of this Convention shall not close theMinimum 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 furtherratification.

  3. The Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea)Convention, 1920, the Minimum Age (Agriculture) Convention, 1921, and theMinimum Age (Trimmers and Stokers) Convention, 1921, shall be closed tofurther ratification when all the parties thereto have consented to suchclosing by ratification of this Convention or by a declarationcommunicated 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 yearsis specified in pursuance of Article 2 of this Convention, this shall ipsojure involve the immediate denunciation of that Convention,

  (b) in respect of non-industrial employment as defined in theMinimum Age (Non-Industrial Employment) Convention, 1932, by a Memberwhich is a party to that Convention, this shall ipso jure involve theimmediate denunciation of that Convention,

  (c) in respect of non-industrial employment as defined in theMinimum Age (Non-Industrial Employment) Convention (Revised), 1937, by aMember which is a party to that Convention, and a minimum age of not lessthan 15 years is specified in pursuance of Article 2 of this Convention,this shall ipso jure involve the immediate denunciation of thatConvention,

  (d) in respect of maritime employment, by a Member which is aparty to the Minimum Age (Sea) Convention (Revised), 1936, and a minimumage of not less than 15 years is specified in pursuance of Article 2 ofthis Convention or the Member specifies that Article 3 of this Conventionapplies to maritime employment, this shall ipso jure involve the immediatedenunciation of that Convention,

  (e) in respect of employment in maritime fishing, by a Memberwhich is a party to the Minimum Age (Fishermen) Convention, 1959, and aminimum age of not less than 15 years is specified in pursuance of Article2 of this Convention or the Member specifies that Article 3 of thisConvention applies to employment in maritime fishing, this shall ipsojure involve the immediate denunciation of that Convention,

  (f) by a Member which is a party to the Minimum Age (UndergroundWork) Convention, 1965, and a minimum age of not less than the agespecified in pursuance of that Convention is specified in pursuance ofArticle 2 of this Convention or the Member specifies that such an ageapplies to employment underground in mines in virtue of Article 3 of thisConvention, this shall ipso jure involve the immediate denunciation ofthat 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 ofthe Minimum Age (Agriculture) Convention, 1921, in accordance withArticle 9 thereof,

  (c) in respect of maritime employment shall involve thedenunciation of the Minimum Age (Sea) Convention, 1920, in accordance withArticle 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 tothe Director-General of the International Labour Office for registration.

  Article 12

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

  Article 13

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake 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 yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 14

  1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 15

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

  Article 16

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 17

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides——

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 13 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 18

  The English and French versions of the text of this Convention areequally authoritative.

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