Статья 18. Английский и французский тексты настоящей Конвенции имеют одинаковую силу.
CONVENTION No. 138
CONCERNING MINIMUM AGE FOR ADMISSION
TO EMPLOYMENT
(Geneva, 26.VI.1973)
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 these proposals
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 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.
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, 1965, 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