Rs 0.822.723.8 Convention N O 138 Of June 26, 1973 Concerning The Minimum Age For Admission To Employment

Original Language Title: RS 0.822.723.8 Convention no 138 du 26 juin 1973 concernant l’âge minimum d’admission à l’emploi

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0.822.723.8 original text n 138 concerning the minimum age for admission to employment agreement in Geneva on 26 June 1973, approved by the Federal Assembly on 18 March 1999 ratification Instrument deposited by the Switzerland on 17 August 1999 entry into force for the Switzerland on 17 August 2000 (State on May 13, 2014) the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its fifty-eighth session on 6 June 1973;
After deciding to adopt various proposals relating to the minimum age for admission to employment, which is the fourth item on the agenda of the session;
Noting the terms of the convention on the age minimum (industry), 1919, the minimum age Convention (maritime work), 1920, the minimum age Convention (agriculture), 1921, of the convention on the minimum age (Trimmers and drivers), 1921, of the convention on the age minimum (non-industrial work), 1932, of the (revised) convention on the minimum age (maritime labour), 1936, the (revised) convention of the age minimum (industry) 1937, of the convention (revised) on the age minimum (non-industrial work), 1937, the Convention on the minimum age (fishermen), 1959, and the convention on the age minimum (underground work), 1965;
considering that the time has come to adopt a general instrument on this topic, which should gradually replace the existing instruments applicable to industries limited, for the total abolition of child labour;
having decided that this instrument would take the form of an international convention, adopts, this twenty-sixth day of June thousand nine hundred seventy-three, the following, which will be referred to as Convention on the minimum age, 1973: art. 1. each Member for which this Convention is in force undertakes 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 to a level allowing adolescents to reach the fullest physical and mental development.

Art. 2-1. Any Member which ratifies this Convention shall specify, in a declaration appended to its ratification, a minimum age for admission to employment or work within its territory and in means of transport registered in its territory; subject to the provisions of art. 4 to 8 of the Convention, no person below the minimum age shall be admitted to employment or work in a profession any.
2. any Member which has ratified this Convention may subsequently, inform the Director-general of the international Bureau to work, by new declarations, that it is the minimum age specified previously.
3. the minimum age specified in accordance with the by. 1 of this article should not be lower the age at which compulsory education, or in any case to 15 years.
4. Notwithstanding the provisions of the by. 3 of this article, any member whose economy and educational institutions are insufficiently developed may, after consultation with the organizations of employers and workers concerned, if they exist, specify, in a first step, a minimum age of 14 years.
5. each Member which has specified a minimum age of fourteen under the preceding paragraph shall, as the report it is required to submit to the title of art. 22 of the Constitution of the International Labour Organization, declare: a) the reason for his decision persists; b) either he renounces to take advantage of by. 4 above from a certain date.

SR 0.820.1 art. 3-1. The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried, is likely to jeopardize the health, safety or morals of adolescents should not be less than eighteen years.
2. the types of employment or work referred to the by. 1 above will be determined by national legislation or the competent authority, after consultation with the organizations of employers and workers concerned, if they exist.
3. Notwithstanding the provisions of the by. 1 above, national legislation or the competent authority may, after consultation with the organizations of employers and workers concerned, if they exist, authorize employment or work of teenagers from the age of 16 years on condition that their health, safety and morals are fully guaranteed and that they have received in the corresponding industry, specific and adequate instruction or vocational training.

Art. 4-1. As far as this is necessary and after consultation with the organizations of employers and workers concerned, if they exist, the competent authority may not apply this Convention to limited categories of employment or work when the application of the Convention to these categories would raise difficulties in implementing special and important.
2. any Member which ratifies this Convention shall, in the first report on the application of it that he is required to submit to the title of art. 22 of the Constitution of the International Labour Organization, indicate, with supporting reasons, the categories of employment that would have been the subject of an exclusion in respect of the by. 1 of the present article, and expose, in its subsequent reports, the State of its law and practice as to these categories, by specifying to what extent it has been given effect or it is proposed to give effect to this Convention in respect of such categories.
3. This section does not exclude from the scope of the present Convention the jobs or work referred to in art. 3 RS 0.820.1 art. 5-1. Any member whose economy and administrative services have not reached a sufficient development may, after consultation with the organizations of employers and workers concerned, if there is, limit, in a first step, the scope of this Convention.
2. any Member availing himself of by. 1 of the present article shall specify, in a declaration appended to its ratification, the branches of economic activity or types of companies to which apply the provisions of this Convention.
3. the scope of the present Convention shall include at least: the extractive industries; manufacturing industries; the building and public works; electricity, gas and water; health services; transport, storage and communications; plantations and other agricultural businesses operated primarily for commercial purposes, excluding family businesses or small producing for the local market and employing not regularly salaried workers.
(4 any Member having limited the scope of application of the convention under this section: a) must indicate, in the reports that it is required to present to the title of art. 22 of the Constitution of the International Labour Organization, the general situation of employment or labour of adolescents and children in the branches of activity which are excluded from the scope of this Convention and any progress for a wider application of the provisions of the convention; b) may, at any time, extend the scope of the convention by a declaration addressed to the Director general of the international labour office.

SR 0.820.1 art. 6. the present Convention applies neither to work by children or adolescents in general educational institutions, in professional or technical schools or other institutions of vocational training, or to work done by persons of at least fourteen years in business, when this work is done in accordance with the conditions prescribed by the competent authority after consultation with the organizations of employers and workers concerned (((, if there is, and it is an integral part: a) a teaching or training professional whose responsibility is primarily a school or an institution of vocational training; or b) of a program of vocational training approved by the competent authority and executed mainly or entirely in a company; or c) a program orientation designed to facilitate the choice of an occupation or of a type of vocational training.

Art. 7-1. National legislation may authorize the use on light work of people of thirteen to fifteen years or execution, by these people, of such work, provided that they: a) are not likely to be harmful to their health or development; b) are not such as to prejudice their school attendance, their participation in orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

2. the national legislation may also, subject to the conditions in the al. ((a) and (b) by. 1 above, authorize employment or work of persons of at least fifteen years who have not yet completed their compulsory schooling.

3. the competent authority will determine the activities in which employment or work may be authorized in accordance with the by. 1 and 2 of this article and will prescribe the duration, in hours, and the conditions of employment or work it.
4. Notwithstanding the provisions of by. 1 and 2 of this section, a member who has made use of the provisions of the by. 4 of art. 2 may, as long as it relies, substitute the ages of twelve and fourteen years for the ages of thirteen and fifteen years indicated in the by. 1 and the age of fourteen at the age of fifteen to the by. 2 of the present article.

Art. 8-1. After consultation with the organizations of employers and workers concerned, if they exist, the competent authority may, in derogation from the prohibition of employment or work under art. 2 of this agreement, authorize, in individual cases, participation in activities such as artistic performances.
2. the authorisations thus granted will have to limit the duration in time of employment or work allowed and prescribing the conditions.

Art. 9-1. The competent authority must take all necessary measures, including appropriate sanctions to ensure the effective application of the provisions of this Convention.
2. the national legislation or the competent authority should determine the persons required to comply with the provisions giving effect to the convention.
3. the national legislation or the competent authority shall prescribe the registers or other documents the employer must keep available; These registers or documents shall indicate the name and age or date of birth, duly attested to the extent possible, of persons employed by him or working for him and whose age is less than 18 years.

Art. 10-1. This Convention is a revision of the convention on the age minimum (industry), 1919, the minimum age Convention (maritime work), 1920, the minimum age Convention (agriculture), 1921, of the convention on the minimum age (Trimmers and drivers), 1921, of the convention on the age minimum (non-industrial work), 1932, of the (revised) convention on the minimum age (maritime labour), 1936, the (revised) convention of the age minimum (industry) 1937, of the convention (revised) on the age minimum (non-industrial work), 1937, the Convention on the minimum age (fishermen), 1959, and the convention on the age minimum (underground work), 1965, under the conditions set out below.
2. the entry into force of the present Convention does not close to a subsequent ratification of the minimum (revised) age convention (maritime labour), 1936, the minimum (revised) age convention (industry), 1937, the minimum (revised) on age agreement (non-industrial work), 1937, the agreement on the age minimum (fishermen), 1959, and the convention on the age minimum (underground work), 1965.
3. the convention on the age minimum (industry), 1919, the convention on the age minimum (maritime work), 1920, the convention on the age minimum (agriculture), 1921, and the convention on the age minimum (Stokers and drivers), 1921, will be closed to any ratification later when all Member States parties to these conventions will consent to this closure, either by ratifying the present Convention or by a declaration communicated to the Director-general of the international labour office.
4. from the entry into force of the Convention: has) the fact that a member party to the minimum age (revised) convention (industry), 1937, accepts the obligations of this Convention and fixed, pursuant to art. 2 of the present Convention, a minimum age of at least fifteen causes of right the immediate denunciation of the convention (revised) the age minimum (industry), 1937; b) the fact that a member party to the convention on the age minimum (non-industrial work), 1932, accepts the obligations of the Convention for the non-industrial work in the sense of the convention causes of right the immediate denunciation of the convention on the age (non-industrial work) minimum (, 1932; c) the fact that a member party to the minimum age (revised) convention (non-industrial work), 1937, accepts the obligations of the Convention for the work of non-industrial in the sense of the convention, and fixed, in accordance with art. 2 of the present Convention, a minimum of at least fifteen years age causes full denunciation of the minimum age (revised) convention (non-industrial work), 1937; d) the fact that a member party to the convention (revised) on the age minimum (maritime labour), 1936, accepts the obligations of the Convention for maritime labour and either fixed, pursuant to art. 2 of the present Convention, a minimum age of at least 15 years, to be precise that art. 3 of this Convention applies to maritime work, leads to full disclosure of the (revised) convention on the age minimum (maritime labour), 1936; e) the fact that a member party to the convention on the age minimum (fishermen), 1959, accepts the obligations of the Convention for maritime fishing, and either fixed, pursuant to art. 2 of the present Convention, a minimum age of at least 15 years, to be precise that art. 3 of this Convention applies to maritime fishing, causes of right the immediate denunciation of the convention on the age minimum (fishermen), 1959; f) the fact that a member party to the convention on the age minimum (underground work), 1965, accepts the obligations of this agreement and either fixed, pursuant to art. 2 of the present Convention, a minimum age of at least equal to that it was specified in the execution of the convention of 1965, is accurate that such an age applies, pursuant to art. 3 of this Convention, in underground work, causes of right the immediate denunciation of the convention on the age minimum (underground work), 1965.

5. from the entry into force of the Convention: has) the acceptance of the obligations of this Convention results in the denunciation of the convention on the age minimum (industry), 1919, in application of his art. 12; b) the acceptance of the obligations of the Convention for agriculture results in the denunciation of the convention on the age minimum (agriculture), 1921, in application of his art. 9; c) acceptance of the obligations of the Convention for maritime labour results in the denunciation of the convention on the age minimum (maritime work), 1920, in application of his art. 10, and the convention on the age minimum (Stokers and drivers), 1921, in application of his art. 12 art. 11. the formal ratifications of this Convention will be communicated to the Director-general of the international Bureau and the work by him saved.

Art. 12-1. This agreement will not bind the members of the International Labour Organization whose ratification will be registered by the Director-general.
2. it comes into force twelve months after the ratifications of two members have been registered by the Director-general.
3. thereafter, this convention will enter into force for each Member twelve months after the date where ratification has been registered.

Art. 13-1. Any Member ratifying this Convention may denounce it on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. Denunciation shall become effective one year after having been recorded.
2. a Member ratifying this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the previous paragraph, does not exercise the right of denunciation provided for by this article will be linked to a new period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the conditions provided for in this article.

Art. 14-1. The Director general of the international labour office shall notify all members of the International Labour Organization the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying the registration of the second ratification which has been communicated to members of the Organization, the Director-general will call the attention of the members of the Organization on the date on which this Convention will enter into force.

Art. 15. the Director-general of the international labour office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the Charter of the United Nations, comprehensive information about all ratifications and all acts of denunciation that it will be registered in accordance with the preceding articles.

RS 0.120 art. 16. whenever necessary, the governing body of the international labour office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to register to the agenda of the Conference the question of its revision total or partial.

Art. 17-1. In the event that the Conference adopt a new convention revising all or part of this agreement, and unless the new convention provides otherwise:

(a) the ratification by a member of the new convention revising would lead to right, notwithstanding art. 13 above, immediate denunciation of this Convention, provided that the new convention revising is into force; b) from the date of the entry into force of the new convention revising this Convention would cease to be open to ratification by the members.

2. the present Convention remain in any case in effect in its form and content for members which had ratified and which would not ratify the agreement review.

Art. 18 French and English versions of the text of this Convention are equally authentic.
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Scope may 13, 2014 States parties Ratification Declaration of estate (S) entry into force Afghanistan April 7, 2010 April 7, 2011 South Africa 30 March 2000 March 30, 2001 Albania February 16, 1998 February 16, 1999 Algeria 30 April 1984 April 30, 1985 Germany April 8, 1976 April 8, 1977 Angola June 13, 2001 13 June 2002 Antigua - and - Barbuda March 17, 1983 March 17, 1984 Saudi Arabia April 2, 2014 2 April 2015 Argentina 11 November 1996 11 November 1997 Armenia January 27, 2006 27 January 2007 Austria September 18, 2000 September 18, 2001 Azerbaijan may 19, 1992 19 May 1993 Bahamas October 31, 2001 October 31, 2002 Barbados 4 January 2000 4 January 2001 Belarus 3 May 1979 3 May 1980 Belgium April 19, 1988 19 April 1989 Belize March 6, 2000 6 March 2001 Benin 11 June 2001 June 11, 2002 Bolivia June 11, 1997 11 June 1998 Bosnia and Herzegovina 2 June 1993 2 June

1994 Botswana 5 June 1997 June 5, 1998 Brazil June 28, 2001 June 28, 2002 Brunei June 17, 2011 June 17, 2012 Bulgaria April 23, 1980 23 April 1981 Burkina Faso February 11, 1999 February 11, 2000 Burundi July 19, 2000 July 19, 2001 Cambodia August 23, 1999 23 August 2000 Cameroon August 13, 2001 August 13, 2002 Green - February 7, 2011 7 February 2012 Chile 1 February 1999 1 February 2000 China * April 28, 1999 28 April 2000 Hong Kong * April 28, 1999 April 28, 2000 Macau October 6, 2000 October 6, 2000 Cyprus October 2, 1997 2 October 1998 Colombia February 2, 2001 February 2, 2002 Comoros March 17, 2004 March 17, 2005 Congo (Brazzaville) 26 November 1999 November 26, 2000 Congo (Kinshasa) June 20, 2001 June 20, 2002 (South) Korea January 28, 1999 January 28, 2000 Costa Rica June 11, 1976 11 June 1977 Ivory Coast 7 February 2003 February 7, 2004 Croatia 8 October 1991 S

8 October 1991 Cuba March 7, 1975 March 7, 1976 Denmark November 13, 1997 November 13, 1998 Djibouti June 14, 2005 June 14, 2006 Dominique 27 September 1983 27 September 1984 Egypt 9 June 1999 9 June 2000 El El Salvador 23 January 1996 23 January 1997 Arab Emirates United 2 October 1998 2 October 1999 Ecuador 19 September 2000 September 19, 2001 Eritrea February 22, 2000 22 February 2001 Spain may 16, 1977 16 May 1978 Estonia 15 March 2007

March 15, 2008 Ethiopia may 27, 1999 May 27, 2000 Fiji January 3, 2002 January 3, 2004 Finland January 13, 1976 January 13, 1977 France July 13, 1990 July 13, 1991 Gabon 25 October 2010 October 25, 2011 Gambia 4 September 2000 September 4, 2001 Georgia 23 September 1996 23 September 1997 Ghana June 6, 2011 June 6, 2012 Greece 14 March 1986 14 March 1987 Grenade May 14, 2003 14 May 2004 Guatemala April 27, 1990 April 27, 1991

Guinea June 6, 2003 June 6, 2004 Guinea - Bissau, March 5, 2009 March 5, 2010 Guinea Equatorial 12 June 1985 June 12, 1986 Guyana, on April 15, 1998 April 15, 1999 Haiti June 3, 2009 3 June 2010 Honduras June 9, 1980 June 9, 1981 Hungary 28 May 1998 28 May 1999 Indonesia June 7, 1999 June 7, 2000 Iraq February 13, 1985 13 February 1986 Ireland June 22, 1978 22 June 1979 Iceland December 6, 1999 December 6, 2000 Israel 21 June 1979 21 June 1980 Italy July 28, 1981 28 July 1982 Jamaica October 13, 2003 October 13, 2004 Japan June 5, 2000 5 June 2001 Jordan 23 March 1998 March 23, 1999 Kazakhstan may 18, 2001 May 18, 2002 Kenya 9 April 1979 April 9, 1980 Kyrgyzstan 31 March 1992 31 March 1993 Kiribati June 17, 2009 June 17, 2010 Kuwait November 15, 1999 November 15, 2000 Laos June 13, 2005 13 June 2006 Lesotho June 14, 2001 14 June 2002 Latvia June 2, 2006 June 2, 2007 Lebanon June 10, 2003 June 10, 2004 Libya June 19, 1975 19 June 1976 Lithuania 22 June 1998 22 June 1999 Luxembourg 24 March 1977 March 24, 1978 Macedonia 17 November 1991 S November 17, 1991 Madagascar may 31, 2000 31 May 2001 Malaysia 9 September 1997 September 9, 1998 Malawi 19 November 1999 19 November 2000 Maldives 4 January 2013 January 4, 2014 Mali 11 March 2002 March 11, 2003

Malta June 9, 1988 9 June 1989 Morocco January 6, 2000 January 6, 2001 Maurice July 30, 1990 30 July 1991 Mauritania December 3, 2001 December 3, 2002 Moldova September 21, 1999 September 21, 2000 Mongolia December 16, 2002 December 16, 2003 Montenegro 3 June 2006 S 3 June 2006 Mozambique 16 June 2003 June 16, 2004 Namibia November 15, 2000 November 15, 2001 Nepal may 30, 1997 30 May 1998 Nicaragua November 2, 1981 Niger 4 2 November 1982 December 1978 4 December 1979 Nigeria 2 October 2002 October 2, 2003 Norway July 8, 1980 8 July 1981 Oman July 21, 2005 21 July 2006 Uganda March 25, 2003 25 March 2004 Uzbekistan March 6, 2009 March 6, 2009 Pakistan July 6, 2006 July 6, 2007 Panama * October 31, 2000 31 October 2001 Papua New Guinea June 2, 2000 June 2, 2001 Paraguay March 3, 2004 March 3, 2005 Netherlands * September 14, 1976 September 14, 1977 Aruban 24 March 24, 1987 March 1987 Peru 13 November 2002 13 November 2003 Philippines June 4, 1998 June 4, 1999 Poland 22 March 1978 March 22, 1979 Portugal * may 20, 1998 May 20, 1999 Qatar 3 January 2006 3 January 2007 Republic Central African 28 June 2000 28 June 2001 Dominican Republic * June 15, 1999 June 15, 2000 Czech Republic April 26, 2007 26 April 2008 Romania 19 November 1975 November 19, 1976 United Kingdom * June 7, 2000 June 7, 2001 Russia 3 May 1979 3 May 1980 Rwanda April 15, 1981 April 15, 1982 Saint - Kitts - and - Nevis 3 June 2005 June 3, 2006 San - Marino February 1, 1995 February 1, 1996 Saint - Vincent and the Grenadines, on July 25, 2006 25 July 2007 Solomon, Islands April 22, 2013 April 22, 2014 Samoa 29 October 2008 29 October 2009 Sao Tome - and - principle 4 May 2005 4 May 2006 Senegal * December 15, 1999 15 December 2000 Serbia 24 November 2000 S 6 December 1984 Seychelles 7 March 2000 March 7, 2001 Sierra Leone 10 June

2011 June 10, 2012 Singapore November 7, 2005 November 7, 2006 Slovakia 29 September 1997 September 29, 1998 Slovenia 29 May 1992 S 29 May 1993 Sudan March 7, 2003 March 7, 2004 South Sudan April 29, 2012 29 April 2013 Sri - Lanka February 11, 2000 February 11, 2001 Sweden 23 April 1990 23 April 1991 Switzerland * 17 August 1999 17 August 2000 Swaziland October 23, 2002 October 23, 2003 Syria September 18, 2001 18 September 2002 Tajikistan 26 November

1993 26 November 1994 Tanzania December 16, 1998 December 16, 1999 Chad March 21, 2005 21 March 2006 Thailand * may 11, 2004 May 11, 2005 Togo March 16, 1984 16 March 1985 Trinidad and Tobago September 3, 2004 September 3, 2005 Tunisia 19 October 1995 October 19, 1996 Turkmenistan March 27, 2012 March 27, 2013 Turkey October 30, 1998 October 30, 1999 Ukraine 3 May 1979 may 3, 1980 Uruguay 2 June 1977 2 June 1978 Venezuela July 15, 1987 July 15

1988 Viet Nam June 24, 2003 24 June 2004 Yemen 15 June 2000 June 15, 2001 Zambia 9 February 1976 February 9, 1977 Zimbabwe, on June 6, 2000 June 6, 2001 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Internet site of the International Labour Organization: www.ilo.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The minimum age specified in application of art. 2, al. 1, is 14 years.

The minimum age specified in application of art. 2, al. 1, is 15 years.

The minimum age specified in application of art. 2, al. 1, is 16.

Applicable with modification.

Applicable without modification.

Not applicable to the Faroe Islands and Greenland.

Reservations and declarations Switzerland the minimum age applicable to underground work under art. 3 of the convention is 19 years of age and 20 years of age for apprentices.

2001 1427 RO; FF 1999 475 RO 2001 1426 when ratification, the Switzerland denounced the Conv. Following ILO, with effect from August 17, 2000: Conv. n 58 (revised) on the age minimum (maritime work) from 24 oct. 1936 [RO 1960 508, 1962 1403 1404 art. 1] Conv. n 123 on age (underground work) minimum of 22 June 1965 [RO 1968 175]

Entry into force causes the immediate denunciation of the following ILO Conventions: Conv. No. 5 on the age minimum (industry) from 28 nov. 1919 [RS 14 8; 1962 1403 1404 art. 1] Conv. n 15 of age minimum (Stokers and drivers) from 11 nov. 1921 [RO 1960 498, 1962 1403 1404 art. 1] [RS 14 8; 1962 1403 1404 art. 1] [RO 1960 498, 1962 1403 1404 art. 1] [RO 1960 508, 1962 1403 1404 art. 1] [RO 1968 175] RO 2001 1436, 2005 1751, 2006 4207, 2010 3995, 2013 407, 2014 1225. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State may 13, 2014

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