R146
Minimum Age Recommendation, 1973
Recommendation concerning Minimum Age for Admission to Employment
Recommendation:R146
Place:Geneva
Session of the Conference:58
Date of adoption=26:06:1973 Display the document
in: French Spanish
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 and seventy-three, the following Recommendation,
which may be cited as the Minimum Age Recommendation, 1973:
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
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
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
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) Subparagraph (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
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.