Minimum Age Convention, 1973
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.
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 code | Field | conclusion date | entry into force | closure for signature/withdrawal | Parties (January 2023) |
Denunciations (January 2023) |
Revising convention(s) | Text and ratifications references |
---|---|---|---|---|---|---|---|---|
C5 | Industry | 28 November 1919 | 13 June 1921 | N.A. | 1 | 71 | C59, this convention | [2][3] |
C7 | Sea | 7 July 1920 | 27 September 1921 | 19 June 2021[4] | 1 | 52 | C58, this convention, MLC | [5] |
C10 | Agriculture | 16 November 1921 | 31 August 1923 | N.A. | 4 | 51 | this convention | [6][7] |
C15 | trimmers and stokers | 11 November 1921 | 20 November 1922 | N.A. | 7 | 62 | this convention | [8][9] |
C33 | Non-Industrial Employment (revised) | 30 April 1932 | 6 June 1935 | 29 December 1950 | 2 | 23 | C60, this convention | [10][11] |
C58 | Sea (revised) | 24 October 1936 | 11 April 1939 | N.A. | 6 | 45 | this convention, MLC | [12][13] |
C59 | Industry (revised) | 22 June 1937 | 21 February 1941 | 19 June 1976 | 8 | 28 | this convention | [14][15] |
C60 | Non-Industrial Employment | 22 June 1937 | 29 December 1950 | N.A. | 0 | 11 | this convention | [16][17] |
C112 | Fishermen | 19 June 1959 | 7 November 1961 | N.A. | 2 | 27 | this convention, Work in Fishing Convention | [18][19] |
C123 | Underground Work | 22 June 1965 | 10 November 1967 | N.A. | 21 | 20 | this convention | [20][21] |
Ratifications
Minimum ages defined by states
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 2027 – 19 June 2028).
Country | Date | Minimum age (years) |
---|---|---|
Afghanistan | 7 April 2010 | 14 |
Albania | 16 February 1998 | 16 |
Algeria | 30 April 1984 | 16 |
Angola | 13 June 2001 | 14 |
Antigua and Barbuda | 17 March 1983 | 16 |
Argentina | 11 November 1996 | 14 |
Armenia | 27 January 2006 | 16 |
Australia | 13 June 2023 | 15 |
Austria | 18 September 2000 | 15 |
Azerbaijan | 19 May 1992 | 16 |
Bahamas | 31 October 2001 | 14 |
Bahrain | 7 March 2012 | 15 |
Bangladesh | 22 March 2022 | 14 |
Barbados | 4 January 2000 | 15 |
Belarus (as the Byelorussian Soviet Socialist Republic) | 3 May 1979 | 16 |
Belgium | 19 April 1988 | 15 |
Belize | 6 March 2000 | 14 |
Benin | 11 June 2001 | 14 |
Bolivia | 11 June 1997 | 14 |
Bosnia and Herzegovina | 2 June 1993 | 15 |
Botswana | 5 June 1997 | 14 |
Brazil | 28 June 2001 | 16 |
Brunei | 17 June 2011 | 16 |
Bulgaria | 23 April 1980 | 16 |
Burkina Faso | 11 February 1999 | 15 |
Burundi | 19 July 2000 | 16 |
Cambodia | 23 August 1999 | 14 |
Cameroon | 13 August 2001 | 14 |
Canada | 8 June 2016 | 16 |
Cape Verde | 7 February 2011 | 15 |
Central African Republic | 28 June 2000 | 14 |
Chad | 21 March 2005 | 14 |
Chile | 1 February 1999 | 15 |
China | 28 April 1999 | 16 |
Colombia | 2 February 2001 | 14 |
Comoros | 17 March 2004 | 15 |
Congo | 26 November 1999 | 14 |
Costa Rica | 11 June 1976 | 15 |
Côte d'Ivoire | 7 February 2003 | 14 |
Croatia | 8 October 1991 | 15 |
Cuba | 7 March 1975 | 15 |
Cyprus | 2 October 1997 | 15 |
Czech Republic | 26 April 2007 | 15 |
Democratic Republic of the Congo | 20 June 2001 | 14 |
Denmark | 13 November 1997 | 15 |
Djibouti | 14 June 2005 | 16 |
Dominica | 27 September 1983 | 15 |
Dominican Republic | 15 June 1999 | 14 |
Ecuador | 19 September 2000 | 14 |
Egypt | 9 June 1999 | 14 |
El Salvador | 23 January 1996 | 14 |
Equatorial Guinea | 12 June 1985 | 14 |
Eritrea | 22 February 2000 | 14 |
Estonia | 15 March 2007 | 15 |
Ethiopia | 27 May 1999 | 14 |
Fiji | 3 January 2003 | 15 |
Finland | 13 January 1976 | 15 |
France | 13 July 1990 | 16 |
Gabon | 25 October 2010 | 16 |
Gambia | 4 September 2000 | 14 |
Ghana | 6 June 2011 | 15 |
Georgia | 23 September 1996 | 15 |
Germany | 8 April 1976 | 15 |
Greece | 14 March 1986 | 15 |
Grenada | 14 May 2003 | 16 |
Guatemala | 27 April 1990 | 14 |
Guinea | 6 June 2003 | 16 |
Guinea-Bissau | 5 March 2009 | 14 |
Guyana | 15 April 1998 | 15 |
Haiti | 5 March 2009 | 14 |
Honduras | 9 June 1980 | 14 |
Hungary | 28 May 1998 | 16 |
Iceland | 6 December 1999 | 15 |
India | 13 June 2017 | 14 |
Indonesia | 7 June 1999 | 15 |
Iraq | 13 February 1985 | 15 |
Ireland | 22 June 1978 | 16 |
Israel | 21 June 1979 | 15 |
Italy | 28 July 1981 | 15 |
Jamaica | 13 October 2003 | 15 |
Japan | 5 June 2000 | 15 |
Jordan | 23 March 1998 | 16 |
Kazakhstan | 18 May 2001 | 16 |
Kenya | 9 April 1979 | 16 |
Kiribati | 17 June 2009 | 14 |
South Korea | 28 January 1999 | 15 |
Kuwait | 15 November 1999 | 15 |
Kyrgyzstan | 31 March 1992 | 16 |
Laos | 13 June 2005 | 14 |
Latvia | 2 June 2006 | 15 |
Lebanon | 10 June 2003 | 14 |
Lesotho | 14 June 2001 | 15 |
Liberia | 13 June 2022 | 15 |
Libya | 19 June 1975 | 15 |
Lithuania | 22 June 1998 | 16 |
Luxembourg | 24 March 1977 | 15 |
Macedonia | 17 November 1991 | 15 |
Madagascar | 31 May 2000 | 15 |
Malawi | 19 November 1999 | 14 |
Malaysia | 9 September 1997 | 15 |
Maldives | 4 January 2013 | 16 |
Mali | 11 March 2002 | 15 |
Malta | 9 June 1988 | 16 |
Mauritania | 3 December 2001 | 14 |
Mauritius | 30 July 1990 | 15 |
Mexico | 10 June 2015 | 15 |
Moldova | 21 September 1999 | 16 |
Montenegro | 3 June 2006 | 15 |
Mongolia | 16 December 2002 | 15 |
Morocco | 6 January 2000 | 15 |
Mozambique | 16 June 2003 | 15 |
Myanmar | 8 June 2020 | 14 |
Namibia | 15 November 2000 | 14 |
Nepal | 30 May 1997 | 14 |
Netherlands (European territory) | 14 September 1976 | 15 |
Netherlands (Aruba) | 18 February 1986[23] | 15 |
Nicaragua | 2 November 1981 | 14 |
Niger | 4 December 1978 | 14 |
Nigeria | 2 October 2002 | 15 |
Norway | 8 July 1980 | 15 |
Oman | 21 July 2005 | 15 |
Pakistan | 6 July 2006 | 14 |
Panama | 31 October 2000 | 14 |
Papua New Guinea | 2 June 2000 | 16 |
Paraguay | 3 March 2004 | 14 |
Peru | 13 November 2002 | 14 |
Philippines | 4 June 1998 | 15 |
Poland | 22 March 1978 | 15 |
Portugal | 20 May 1998 | 16 |
Qatar | 3 January 2006 | 16 |
Romania | 19 November 1975 | 16 |
Russia (as the Soviet Union) | 3 May 1979 | 16 |
Rwanda | 15 April 1981 | 14 |
Saint Kitts and Nevis | 3 June 2005 | 16 |
Saint Vincent and the Grenadines | 25 July 2006 | 14 |
Samoa | 29 October 2008 | 15 |
San Marino | 1 February 1995 | 16 |
São Tomé and Príncipe | 4 May 2005 | 14 |
Saudi Arabia | 2 April 2014 | 15 |
Senegal | 15 December 1999 | 15 |
Serbia (as Serbia and Montenegro) | 24 November 2000 | 15 |
Seychelles | 7 March 2000 | 15 |
Sierra Leone | 13 June 2011 | 16 |
Singapore | 7 November 2005 | 15 |
Slovakia | 29 September 1997 | 15 |
Slovenia | 29 May 1992 | 15 |
Solomon Islands | 22 April 2013 | 14 |
South Africa | 30 March 2000 | 16 |
South Sudan | 29 April 2012 | 14 |
Spain | 16 May 1977 | 16 |
Sri Lanka | 11 February 2000 | 14 |
Sudan | 7 March 2003 | 14 |
Suriname | 15 January 2018 | 16 |
Swaziland | 23 October 2002 | 15 |
Sweden | 23 April 1990 | 15 |
Switzerland | 17 August 1999 | 15 |
Syria | 18 September 2001 | 15 |
Tajikistan | 26 November 1993 | 16 |
Tanzania | 16 December 1998 | 14 |
Thailand | 11 May 2004 | 15 |
Togo | 16 March 1984 | 14 |
Trinidad and Tobago | 3 September 2004 | 16 |
Tunisia | 19 October 1995 | 16 |
Turkey | 30 October 1998 | 15 |
Turkmenistan | 27 March 2012 | 16 |
Uganda | 25 March 2003 | 14 |
Ukraine (as the Ukrainian Soviet Socialist Republic) | 3 May 1979 | 16 |
United Arab Emirates | 2 October 1998 | 15 |
United Kingdom | 7 June 2000 | 16 |
Uruguay | 2 June 1977 | 15 |
Uzbekistan | 6 March 2009 | 15 |
Venezuela | 15 July 1987 | 14 |
Vietnam | 24 June 2003 | 15 |
Vanuatu | 24 June 2019 | 14 |
Yemen | 15 June 2000 | 14 |
Zambia | 9 February 1976 | 15 |
Zimbabwe | 6 June 2000 | 14 |
References
- ^ 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.
- ^ "Convention C005 - Minimum Age (Industry) Convention, 1919 (No. 5)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Withdrawal of Convention 7 withdrawal of minimum age (sea) convention, 1920 (No. 7)" (PDF). ILO. Retrieved 31 December 2022.
- ^ "Convention C007 - Minimum Age (Sea) Convention, 1920 (No. 7)". www.ilo.org.
- ^ "Convention C010 - Minimum Age (Agriculture) Convention, 1921 (No. 10)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C015 - Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C033 - Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C058 - Minimum Age (Sea) Convention (Revised), 1936 (No. 58)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C059 - Minimum Age (Industry) Convention (Revised), 1937 (No. 59)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C060 - Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C112 - Minimum Age (Fishermen) Convention, 1959 (No. 112)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ "Convention C123 - Minimum Age (Underground Work) Convention, 1965 (No. 123)". www.ilo.org.
- ^ "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org.
- ^ 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
- ^ Verdragenbank Archived 2 January 2018 at the Wayback Machine Ministry of Foreign Affairs of the Netherlands
External links
- Minimum Age Convention
- List of Ratifications
- General description of ILO Conventions
- Text of the Convention Archived 6 July 2010 at the Wayback Machine at the Center for a World in Balance