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| ILO Convention 138 | |
|---|---|
| Name | ILO Convention 138 |
| Long name | Convention concerning Minimum Age for Admission to Employment |
| Adopted | 26 June 1973 |
| Entered into force | 19 June 1976 |
| Languages | English, French, Spanish |
| Location | Geneva |
| Parties | 173 (as of 2026) |
ILO Convention 138
ILO Convention 138 is a multilateral instrument adopted by the International Labour Organization in 1973 that sets standards on minimum ages for admission to employment and work. It aims to align national laws and policies with goals promoted by the United Nations General Assembly, UNICEF, and regional bodies such as the European Union and the African Union to protect children from hazardous work practices. The Convention has informed jurisprudence in courts like the European Court of Human Rights and policy frameworks in states including Brazil, India, and South Africa.
The Convention was adopted during the 58th session of the International Labour Conference in Geneva following global advocacy by organizations including UNICEF, the International Confederation of Free Trade Unions, and the International Organization of Employers. Debates drew on precedents from instruments such as the 1930 Forced Labour Convention, the 1921 Workmen's Compensation Convention, and the League of Nations era treaties, while responding to empirical studies by the International Labour Office and reports from field missions to countries like Bangladesh, Nigeria, and Pakistan. Key delegates came from member states including France, United Kingdom, United States, Japan, and Soviet Union and referenced social policy models from the Nordic countries and industrial regulation in Germany.
Convention 138 establishes a general minimum age for admission to employment or work, typically set at not less than the age of completion of compulsory schooling and not less than 15 years, with permitted exceptions for developing countries lowering to 14 years. It differentiates between light work and hazardous work, requiring higher minimum ages for hazardous forms and aligning with definitions used by agencies such as World Health Organization and Food and Agriculture Organization when addressing occupational risks in sectors like agriculture, mining, and textiles. Provisions mandate national measures including inspection systems, penalties, and vocational training schemes similar to frameworks used by the European Commission and labor statutes in Canada and Australia. The Convention requires states to establish mechanisms comparable to those in labor codes of Argentina and Italy for monitoring compliance and to cooperate with bodies like the International Programme on the Elimination of Child Labour.
Ratification processes have varied: early adopters included Belgium, Norway, and Sweden, while large countries such as China, India, and United States have taken distinct paths, often preferring national legislation or alternative instruments like the ILO Worst Forms of Child Labour Convention. Implementation has involved legislative reforms in jurisdictions such as France, Brazil, Mexico, and South Africa, judicial decisions in courts like the Supreme Court of India and the High Court of South Africa, and enforcement actions by agencies including the US Department of Labor and the European Labour Authority. International cooperation for implementation has involved technical assistance from the World Bank, policy funding by the European Commission and development programs by UNICEF.
Supporters credit the Convention with contributing to declines in child labor in countries such as Brazil, Ethiopia, and Vietnam by shaping national policy, informing corporate social responsibility codes in multinational firms headquartered in United States, United Kingdom, and Germany, and influencing supply-chain standards enforced by bodies like Walmart, Nike, and industry initiatives linked to the International Organization for Standardization. Critics argue the Convention's flexible exceptions allowed by developing country clauses mirror controversies seen in debates over the Bretton Woods Institutions and may enable toleration of low-age employment in informal sectors such as those prevalent in India, Indonesia, and Kenya. Labour economists referencing work by Amartya Sen and Joseph Stiglitz have debated the Convention’s trade-offs between education outcomes and household incomes, while human rights advocates cite gaps similar to those addressed in litigation before the Inter-American Court of Human Rights.
Convention 138 operates alongside complementary instruments including the ILO Worst Forms of Child Labour Convention (No. 182), the UN Convention on the Rights of the Child, and Sustainable Development Goal targets promoted by the United Nations and the United Nations Development Programme. It has been referenced in jurisprudence under the European Convention on Human Rights and policy frameworks of the African Charter on the Rights and Welfare of the Child and regional trade agreements such as the North American Free Trade Agreement pre-1994 labour side accords and successor mechanisms like the United States–Mexico–Canada Agreement. Cross-references appear in guidance by the World Bank and the Organisation for Economic Co-operation and Development relating to responsible business conduct and labour standards.
Category:International Labour Organization conventions Category:Child labour