On the ratification of the Convention on the Minimum Age for Admission to Employment

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The Law of the Republic of Kazakhstan dated December 14, 2000 No. 116-II

To ratify the Convention on the Minimum Age for Admission to Employment (Convention 138), adopted in Geneva by the 58th session of the General Conference of the International Labour Organization on June 26, 1973.

 President N. Nazarbayev of the Republic of Kazakhstan

International Labour Conference

Convention 138

Convention on the Minimum Age for Admission to Employment

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 6 June 1973 for its fifty-eighth session, decided to adopt a number of proposals on the minimum age for employment, which is the fourth item on the agenda of the session, taking into account the provisions of the 1919 Convention on the Minimum Age in Industry, Convention The 1920 Convention on the Minimum Age for Work at Sea, the 1921 Convention on the Minimum Age in Agriculture, The 1921 Convention on the Minimum Age for Coal Loaders and Stokers in the Navy, the 1932 Convention on the Minimum Age for Non-Industrial Work, the 1936 Convention on the Minimum Age for Work at Sea, the 1937 Convention on the Minimum Age for Industry, the 1937 Convention on the Minimum Age for non-industrial Work, the 1959 Convention on the Minimum Age of Fishermen and the 1965 Convention on the Minimum Age for Admission to Underground Work, considering that the time has come to develop a common act on this issue., which would gradually replace the existing acts applicable to limited economic sectors in order to achieve the complete abolition of child labour, having decided to give these proposals the form of an international convention, adopts this twenty-sixth day of June one thousand nine hundred and seventy-three the following Convention, which may be referred to as the Minimum Age Convention, 1973:

Article 1

Each Member for which this Convention is in force undertakes to implement a national policy aimed at ensuring the effective elimination of child labour and the gradual raising of the minimum age for employment to a level appropriate to the fullest physical and mental development of adolescents.

Article 2

1. Each Member of the Organization ratifying this Convention shall indicate in the declaration attached to the instrument of ratification the minimum age for employment within its territory and in vehicles registered in its territory; subject to the provisions of Articles 4-8 of this Convention, no teenager under this age is allowed to be employed or for another job in any profession. 2. Each Member that has ratified this Convention may subsequently, by means of additional declarations, notify the Director-General of the International Labour Office that it sets a higher minimum age than that previously set. 3. The minimum age determined on the basis of paragraph 1 of this article should not be lower than the age of completion of compulsory schooling and, in any case, should not be less than fifteen years. 4. Regardless of the provisions of paragraph 3 of this article, a Member of an Organization whose economy and education system are insufficiently developed may, after consultation with interested organizations of entrepreneurs and workers, where such exist, initially set the minimum age at fourteen years. 5. Each Member which has fixed the minimum age of fourteen years in accordance with the provisions of the preceding paragraph shall include in its reports on the implementation of this Convention submitted in accordance with Article 22 of the Constitution of the International Labour Organization a statement stating: (a) that the reasons for this decision have not changed; or (b) that he waives his right to use the following provisions, starting from a certain date.

Article 3

1. The minimum age for admission to any type of employment or other work that, by its nature or by virtue of the circumstances in which it is carried out, may harm the health, safety or morals of a teenager should not be less than eighteen years old. 2. The types of employment or other work to which paragraph 1 of this article applies shall be determined by national laws or regulations or by the competent authorities after consultation with the relevant employers' and workers' organizations, where such exist. 3. Notwithstanding the provisions of paragraph 1 of this article, national legislation or regulations or competent authorities may, after consultation with interested employers' and workers' organizations, where such exist, authorize the employment or other type of work of persons at least sixteen years of age, provided that the health, safety and morals of these adolescents are fully protected and that these teenagers have received sufficient special education or professional training in the relevant field of activity.

Article 4

1. As necessary, the competent authority may, after consultation with the relevant employers' and workers' organizations, where such exist, exclude from the scope of application of this Convention limited categories of employment or other work in respect of which special and significant problems arise related to the application. 2. Each Member ratifying this Convention, in its first report on the application of the Convention submitted in accordance with Article 22 of the Constitution of the International Labour Organization, shall list all categories that could be excluded in accordance with paragraph 1 of this Article, indicating the reasons for such exclusion, and in subsequent reports shall report on the status of its legislation and practice. in relation to such excluded categories and the extent to which the provisions of the Convention have already been applied or are expected to be applied in relation to such categories. 3. Employment or other work covered by article 3 of this Convention is not excluded from the scope of application of the Convention by virtue of this article.

Article 5

1. A Member whose economy and administrative apparatus are insufficiently developed may, after consultation with the relevant employers' and workers' organizations, where such exist, first limit the scope of application of this Convention. 2. Each Member of the Organization that applies the provisions of paragraph 1 of this article shall list in the declaration attached to the instrument of ratification those branches of economic activity or those types of enterprises to which it will apply the provisions of this Convention. 3. The provisions of the Convention apply at least to work in: mines and quarries, manufacturing; construction; electric, gas and water supply services; sanitary and technical services; transport, warehouses and communication services; as well as on plantations and other agricultural enterprises producing products mainly for commercial purposes, but excluding family or small farms that produce products for local consumption and do not regularly employ hired workers. 4. Each Member that has limited the scope of this Convention in accordance with the provisions of this article: (a) Shall report in its reports submitted in accordance with Article 22 of the Constitution of the International Labour Organization on the general situation with regard to the employment or other work of adolescents and children in activities excluded from the scope of this Convention; and any progress made towards the wider application of the provisions of this Convention; (b) May at any time formally extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office.

Article 6

This Convention does not apply to work performed by children and adolescents in schools of general, vocational or technical education or in other educational institutions, or to work performed by persons aged at least fourteen years in enterprises, if such work is carried out in accordance with conditions established by the competent authorities, after consultation with the relevant organizations. employers and workers, where they exist, and is an integral part of: a) a course of study or training, for which the school or vocational training institution is primarily responsible; b) a vocational training program approved by the competent authority, carried out mainly or entirely in the enterprise; c) a vocational guidance program aimed at facilitating the choice of a profession or type of vocational training.

Article 7

1. National legislation or regulations may allow persons between the ages of thirteen and fifteen to be employed for light work that: (a) does not appear harmful to their health or development; and (b) does not prejudice their attendance at school or their participation in vocational training programs approved by the competent authorities. orientation or training, or their ability to benefit from the training they have received. 2. National legislation or regulations may also permit the employment or other employment of persons who are at least fifteen years old but have not yet completed compulsory schooling, provided that the requirements of subparagraphs (a) and (b) of paragraph 1 of this article are met. 3. The competent authority shall determine those branches of activity in which employment or other work may be permitted in accordance with paragraphs 1 and 2 of this article, and shall establish the length of working hours and the conditions under which such employment or other work may be performed. 4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, a Member applying the provisions of paragraph 4 of Article 2 may, for the period required by him, replace in paragraph 1 the ages of twelve and fourteen years with the ages of thirteen and fifteen years, and in paragraph 2 of this Article - the age of fourteen years with the age of fifteen years.

Article 8

1. The competent authority, after consultation with the relevant employers' and workers' organizations, where they exist, may, by issuing permits, allow in individual cases exceptions to the prohibition of employment or other work provided for in article 2 of this Convention for purposes such as participation in artistic performances. 2. Permits issued in this way limit the length of working hours and establish the conditions under which employment or other work can be performed.

Article 9

1. The competent authority shall take all necessary measures, including the determination of appropriate penalties, to ensure the effective implementation of the provisions of this Convention. 2. National legislation or regulations or the competent authority shall designate the persons responsible for compliance with the provisions ensuring the implementation of the Convention. 3. National legislation or regulations or the competent authority shall determine the registers or other documents that must be maintained and provided by the entrepreneur.; Such registers or documents shall indicate the names and age or date of birth, duly certified, if possible, of persons under the age of eighteen who are employed by or work for an entrepreneur.

Article 10

1. Under the conditions provided for in this article, this Convention revises the 1919 Convention on the Minimum Age for Industry, the 1920 Convention on the Minimum Age for Work at Sea, the 1921 Convention on the Minimum Age for Agriculture, the 1921 Convention on the Minimum Age for Coal Loaders and Stokers in the Navy, the 1932 Convention on the Minimum Age for age in Non-Industrial Work, 1936 Convention (Revised) on the Minimum Age for Work at Sea, 1937 Convention (Revised) on the Minimum Age in Industry, The 1937 Convention on the Minimum Age for Non-Industrial Work (revised), the 1959 Convention on the Minimum Age for Fishermen and the 1965 Convention on the Minimum Age for Admission to Underground Work. 2. The entry into force of this Convention will not lead to the closure of the 1965 Convention on the Minimum Age for Admission to Underground Work. 3. The 1919 Convention on the Minimum Age for Industry, the 1920 Convention on the Minimum Age for Work at Sea, the 1921 Convention on the Minimum Age for Agriculture, and the 1921 Convention on the Minimum Age for Coal Loaders and Stokers in the Navy will be closed for further ratification when all parties to these Conventions agree to this by ratifying this Convention. The Convention, or by notifying the Director-General of the International Labour Office. 4. When the obligations of this Convention are accepted: (a) By a Member of the Organization that is a party to the 1937 Convention on the Minimum Age in Industry (Revised), and if, in accordance with article 2 of this Convention, the minimum age is not less than fifteen years, this automatically entails the immediate denunciation of the 1937 Convention on the Minimum Age in Industry (Revised).; (b) In respect of non-industrial work defined in the 1932 Convention on the Minimum Age for Non-Industrial Work, a Member of the Organization that is a Party to that Convention automatically entails the immediate denunciation of the 1932 Convention on the Minimum Age for Non-Industrial Work.; (c) In respect of non-industrial work defined in the 1937 Convention on the Minimum Age for Non-Industrial Work (Revised) by a Member of an Organization that is a Party to that Convention, and if, in accordance with article 2 of this Convention, the minimum age is not less than fifteen years, this automatically entails the immediate denunciation of the 1937 Convention (revised). about the minimum age for non-industrial jobs; (d) In respect of maritime work, a Member of the Organization that is a party to the 1936 Convention (Revised) on the Minimum Age for Work at Sea, and if, in accordance with article 2 of this Convention, a minimum age of at least fifteen years is established, or the Member specifies that article 3 of this Convention applies to maritime work, this automatically entails the immediate denunciation of the 1936 Convention on the Minimum Age for Work at Sea.; (e) In respect of marine fisheries, a Member of the Organization that is a party to the 1959 Convention on the Minimum Age of Fishermen, and if, in accordance with article 2 of this Convention, a minimum age of at least fifteen years is established, or the Member specifies that article 3 of this Convention applies to marine fisheries, this automatically entails immediate denunciation. The 1959 Convention on the Minimum Age of Fishermen; (f) A Member of the Organization that is a party to the 1965 Convention on the Minimum Age for Admission to Underground Work, and if, in accordance with article 2 of this Convention, the minimum age is not lower than the minimum age established in accordance with the above-mentioned 1965 Convention, or the Member specifies that this age applies to admission to underground work in mines. By virtue of article 3 of this Convention, this automatically entails the immediate denunciation of the 1965 Convention on the Minimum Age for Admission to Underground Work., if and when this Convention enters into force. 5. Acceptance of the obligations of this Convention: (a) entails the denunciation of the 1919 Convention on the Minimum Age in Industry in accordance with article 12 of this Convention; (b) in relation to agriculture, entails the denunciation of the 1921 Convention on the Minimum Age in Agriculture in accordance with article 9 of this Convention.; (c) With respect to work at sea, entails the denunciation of the 1920 Convention on the Minimum Age for Work at Sea in accordance with article 10 of that Convention and the 1921 Convention on the Minimum Age for Coal Loaders and Stokers in the Navy in accordance with article 12 of that Convention, if and when this Convention enters into force.

Article 11

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 12

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention will enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 13

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation will take effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 14

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification and denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.  Article 15 The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications and denunciations registered by him in accordance with the provisions of the preceding articles.

Article 16

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 17

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, regardless of the provisions of article 13, the immediate denunciation of this Convention, provided that the new, The revising Convention has entered into force; b) as from the date of entry into force of the new revising Convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.

Article 18

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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