DCI – ILO 146

ILO Recommandation 146 on the Minimum Age for Admission to

Employment

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

Recognising that the effective abolition of child labour and the

progressive raising of the minimum age for admission to employment constitute

only one aspect of the protection and advancement of children and young persons,

and

Noting the concern of the whole United Nations system with such

protection and advancement, and

Having adopted the Minimum Age Convention, 1973, and

Desirous to define further certain elements of policy which are the

concern of the International Labour Organisation, and

Having decided upon the adoption of certain proposals regarding

minimum age for admission to employment, which is the fourth item on the agenda

of the session, and

Having determined that these proposals shall take the form of a

Recommendation supplementing the Minimum Age Convention, 1973,

adopts this twenty-sixth day of June of the year one thousand nine

hundred an seventy-three the following Recommendation, which may be cited as the

Minimum Age Recommendation, 1973:

National Policy
Minimum

Age
Hazardous Employment
Conditions

of Employment
Enforcement

I. NATIONAL POLICY

1. To ensure the success of the national policy provided for in

Article 1 of the Minimum Age Convention, 1973, high priority should be given to

planning for and meeting the needs of children and youth in national development

policies and programmes and to the progressive extension of the inter-related

measures necessary to provide the best possible conditions of physical and

mental growth for children and young persons.

2. In this connection special attention should be given to such

areas of planning and policy as the following:

a)firm national commitment to full employment, in accordance with

the Employment Policy Convention and Recommendation, 1964, and the taking of

measures designed to promote employment-oriented development in rural and urban

areas;

b)the progressive extension of other economic and social measures to

alleviate poverty wherever it exists and to ensure family living standards and

income which are such as to make it unnecessary to have recourse to the economic

activity of children;

c)the development and progressive extension, without any

discrimination, of social security and family welfare measures aimed at ensuring

child maintenance, including children’s allowances;

d)the development and progressive extension of adequate facilities

for education and vocational orientation and training appropriate in form and

content to the needs of the children and young persons concerned;

e)the development and progressive extension of appropriate

facilities for the protection and welfare of children and young persons,

including employed young persons, and for the promotion of their development.

3. Particular account should as necessary be taken of the needs of

children and young persons who do not have families or do not live with their

own families and of migrant children and young persons who live and travel with

their families. Measures taken to that end should include the provision of

fellowships and vocational training.

4. Full-time attendance at school or participation in approved

vocational orientation or training programmes should be required and effectively

ensured up to an age at least equal to that specified for admission to

employment in accordance with Article 2 of the Minimum Age Convention, 1973.

5. 1. Consideration should be given to measures such as preparatory

training, not involving hazards, for types of employment or work in respect of

which the minimum age prescribed in accordance with Article 3 of the Minimum Age

Convention, 1973, is higher than the age of completion of compulsory full-time

schooling.

2. Analogous measures should be envisaged where the professional

exigencies of a particular occupation include a minimum age for admission which

is higher than the age of completion of compulsory full-time schooling.

II. MINIMUM AGE

Return to the Top

6. The minimum age should be fixed at the same level for all

sectors of economic activity.

7. 1. Members should take as their objective the

progressive raising to 16 years of the minimum age for admission to employment

or work specified in pursuance of Article 2 of the Minimum Age Convention, 1973.

2. Where the minimum age for employment or work covered by Article 2

of the Minimum Age Convention, 1973, is still below 15 years, urgent steps

should be taken to raise it to that level.

8. Where it is not immediately feasible to fix a minimum age for

all employment in agriculture and in related activities in rural areas, a

minimum age should be fixed at least for employment on plantations and in the

other agricultural undertakings referred to in Article 5, paragraph 3, of the

Minimum Age Convention, 1973.

III. HAZARDOUS EMPLOYMENT OR WORK

Return to the Top

9. Where the minimum age for admission to types of employment or

work which are likely to jeopardise the health, safety or morals of young

persons is still below 18 years, immediate steps should be taken to raise it to

that level.

10. 1. In determining the types of employment or work to

which Article 3 of the Minimum Age Convention, 1973, applies, full account

should be taken of relevant international labour standards, such as those

concerning dangerous substances, agents or processes (including ionising

radiations), the lifting of heavy weights and underground work.

2. The list of the types of employment or work in question should be

re-examined periodically and revised as necessary, particularly in the light of

advancing scientific and technological knowledge.

11. Where, by reference to Article 5 of the Minimum Age Convention,

1973, a minimum age is not immediately fixed for certain branches of economic

activity or types of undertakings, appropriate minimum age provisions should be

made applicable therein to types of employment or work presenting hazards for

young persons.

IV. CONDITIONS OF EMPLOYMENT

Return to the Top

12. 1. Measures should be taken to ensure that the

conditions in which children and young persons under the age of 18 years are

employed or work reach and are maintained at a satisfactory standard. These

conditions should be supervised closely.

2. Measures should likewise be taken to safeguard. and supervise the

conditions in which children and young persons undergo vocational orientation

and training within undertakings, training institutions and schools for

vocational or technical education and to formulate standards for their

protection and development.

13. 1. In connection with the application of the preceding

Paragraph, as well as in giving effect to Article 7, paragraph 3, of the Minimum

Age Convention, 1973, special attention should be given to:

a) the provision of fair remuneration and its protection, bearing

in mind the principle of equal pay for equal work;

b) the strict limitation of the hours spent at work in a day and in

a week, and the prohibition of overtime, so as to allow enough time for

education and training (including the time needed for homework related thereto),

for rest during the day and for leisure activities;

c) the granting, without possibility of exception save in genuine

emergency, of a minimum consecutive period of 12 hours’ night rest, and of

customary weekly rest days;

d) the granting of an annual holiday with pay of at least four

weeks and, in any case, not shorter than that granted to adults;

e) coverage by social security schemes, including employment

injury, medical care and sickness benefit schemes, whatever the conditions of

employment or work may be;

f ) the maintenance of satisfactory standards of safety and health

and appropriate instruction and supervision.

2. Sub-paragraph (1) of this Paragraph applies to young seafarers in

so far as they are not covered in respect of the matters dealt with therein by

international labour Conventions or Recommendations specifically concerned with

maritime employment.

V. ENFORCEMENT

Return to the Top

14. 1. Measures to ensure the effective application of the

Minimum Age Convention, 1973, and of this Recommendation should include:

a) the strengthening as necessary of labour inspection and related

services, for instance by the special training of inspectors to detect abuses in

the employment or work of children and young persons and to correct such abuses;

and

b) the strengthening of services for the improvement and inspection

of training in undertakings.

2. Emphasis should be placed on the role which can be played by

inspectors in supplying information and advice on effective means of complying

with relevant provisions as well as in securing their enforcement.

3. Labour inspection and inspection of training in undertakings

should be closely

co-ordinated to provide the greatest economic efficiency and, generally, the

labour administration services should work in close co-operation with the

services responsible for the education, training, welfare and guidance of

children and young persons.

15. Special attention should be paid:

a) to the enforcement of provisions concerning employment in

hazardous types of employment or work; and

b) in so far as education or training is compulsory, to the

prevention of the employment or work of children and young persons during the

hours when instruction is available.

16. The following measures should be taken to facilitate the

verification of ages:

a) the public authorities should maintain an effective system of

birth registration, which

should include the issue of birth certificates;

b) employers should be required to keep and to make available to

the competent authority registers or other documents indicating the names and

ages or dates of birth, duly certified

wherever possible, not only of children and young persons employed by them

but also of those receiving vocational orientation or training in their

undertakings;

c) children and young persons working in the streets, in outside

stalls, in public places, in itinerant occupations or in other circumstances

which make the checking of employers’ records impracticable should be issued

licences or other documents indicating their eligibility for such work.