Professional Documents
Culture Documents
No. 138
AT A GLANCE
WHAT IS
THE PURPOSE OF
CONVENTION
No. 138?
The aim of ILO Convention Minimum Age(s)
No. 138 on Minimum Age (C138)
C138 was adopted by the International
is the effective abolition of child Labour Organization (ILO) in 1973. It stipu-
labour – which is work that is lates that States should progressively raise
hazardous to children’s health, the minimum age to a level consistent with
the fullest physical and mental development
safety or morals, work that of young people. It establishes 15 as the min-
interferes with compulsory imum age for work in general.
education or for which they are
What is important is that States ensure that
simply too young. children go to school at least until this age;
C138 requires countries to: C138 requires the age at which a child leaves
1| establish a minimum age compulsory education to be aligned with the
the minimum age for work. Only when chil-
for entry into work or
dren have at least a basic education will they
employment1, and be prepared for a productive and fulfilling
2| establish national policies for work life.
the elimination of child labour.
Of course, a 15 year old is still a child (defined
in international law as a person under 18).
They are still developing mentally and physi-
cally; they are more vulnerable than adults to
workplace hazards; and they need protection.
Therefore C138 sets 18 as the minimum age
1 The requirement in C138 to establish a minimum age for hazardous work, which is defined as work
has its corollary in Article 32(1) &(2) (a) of the UN Conven-
tion on the Rights of the Child which stipulates that: “States that, due to its nature or the circumstances in
Parties recognize the right of the child to be protected which it is carried out, is likely to jeopardize
from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the child’s children’s health, safety or morals.
education, or to be harmful to the child’s health or physical,
mental, spiritual, moral or social development (para.1).
To this end, and having regard to the relevant provisions Some work is inherently dangerous and there-
of other international instruments, States Parties shall in fore off limits to children. Circumstances may
particular: Provide for a minimum age or minimum ages for
admission to employment; (para.2 (a)).
make work that is otherwise safe, hazardous.
1
An example of this is night work, which inter- training; extension of social security and sys-
feres with children’s sleep and may make tems for birth registration; and appropriate
them more prone to suffer accidents on the facilities for the protection of children, and
job. In addition, long hours can make work adolescents who work. To achieve the elimi-
hazardous; recognizing this, many countries nation of child labour, laws setting minimum
limit the number of hours that children from ages for work should be embedded in such
15-17 can work. comprehensive policy responses.
2
C138’s
FLEXIBILITY
CLAUSES
3
Hazardous work What about
C138 allow countries to permit hazardous young artists?
work exceptionally as from 16, provided that
the health, safety and morals of the young What’s more, children below the minimum
persons concerned are fully protected and age may participate in artistic performances
that they have received adequate specific if they have been granted an individual per-
instruction or training. mit by the competent national authority that
defines the maximum number of hours and
the working conditions for the child.
Exempting
categories of work And household
and branches of chores?
economic activity
C138 does not prohibit children from doing
household chores as long as it does not
C138 also allows countries to exclude certain interfere with their education, and it is not
categories of work from the application of hazardous—including that the hours are not
the Convention, when special and substantial too long. Household chores are performed
problems in applying the Convention would mostly by girls, and special attention should
arise. Hazardous work may not be excluded. be paid to make sure such chores do not
Developing countries may exclude some harm their development.
branches of economic activity, but not sectors
such as mining, construction and commercial
agriculture; however family farms producing
for local consumption without regular hired
labour, for example, may be.
Work as part of
children’s education
C138 does not apply to work done by chil-
dren in schools as part of their education or
training. Nor does it apply to work done by
children at least 14 years old in enterprises,
provided that the work is part of a pro-
gramme of a school or training institution, or
is an apprenticeship approved by government
authorities. In both cases, hazardous work is
not allowed however.
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Copyright© International Labour Organization - June 2018