For the full text of ILO conventions, go to http://www.ilocarib.org.tt/projects/cariblex/conventions.shtml

 

ILO Fundamental Conventions on employment of young persons

  • Minimum Age (Industry) Convention, 1919

  • Night Work of Young Persons (Industry) Convention, 1919

  • Minimum Age (Sea) Convention, 1920

  • Minimum Age (Agriculture) Convention, 1921

  • Minimum Age (Trimmers and Stokers) Convention, 1921

  • Medical Examination of Young Persons (Sea) Convention, 1921

  • Minimum Age (Non-Industrial Employment) Convention, 1932

  • Minimum Age (Sea) Convention (Revised), 1936

  • Minimum Age (Industry) Convention (Revised), 1937

  • Minimum Age (Non-Industrial Employment) Convention (Revised), 1937

  • Medical Examination of Young Persons (Industry) Convention, 1946

  • Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946

  • Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946

  • Minimum Age (Fishermen) Convention, 1959

  • Minimum Age (Underground Work) Convention, 1965

  • Medical Examination of Young Persons (Underground Work) Convention, 1965

  • Minimum Age Convention, 1973

  • Worst Forms of Child Labor Convention, 1999

    Useful Links:
    International Labour Standards relevant to work and young persons

 

ILO Convention on the minimum age for employment, No. 138, 1973

Convention No. 138, 1973 stipulates that each Member which ratified the Convention shall specify a minimum age to employment or work within its territory. However, the minimum age specified shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.

A member, whose economy and educational facilities are insufficiently- developed may specify a minimum age of 14 years. The minimum age to admission to work which by its nature or circumstances is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. However, national laws may authorize work as from the age of 16 if young persons are protected adequately.

National laws may also permit employment or work of persons 13-15 years of age in light work on condition that it shall not be harmful to their health and development and does not prejudice their school attendance.

 

ILO Convention on the worst forms of child labor, No. 182, 1999

On 1 June 1999 Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor was endorsed. Article 3 states that for the purpose of this Convention, the term the worst forms of child labor comprises:

  • All forms of slavery or practices similar to slavery, such as sale and trafficking of children, debt bondage and forced or compulsory labor.

  • The use, procuring or offering of a child for prostitution, for the production of pornography.

  • The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

  • Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

For the full text, see ILO Convention 1999

 

International Convention on the Rights of the Child

The Convention on the Rights of the Child (CRC) was adopted as an international human rights instrument on 20 November 1989. The Convention is the most universally accepted of all human rights instruments. By ratifying it, national governments commit themselves to protecting and insuring children’s rights and agree to hold themselves accountable for this commitment before the international community. All rights stipulated in the Convention are inherent to the dignity and harmonious development of every child. The CRC advocates a particular vision of all children’s concerns, embodied in a set of comprehensive, inter-related norms which are guaranteed to every child. The Convention sets minimum standards in health care, education, legal, civil and social services. These standards are benchmarks against which progress can be assessed.

Implementation of the Convention posits prior understanding of the situation of children at both national and sub-national levels. Disaggregated data and information is necessary for the various stages of implementation, including policy formulation, programming, provision of rights and monitoring the implementation process.

The non – provision of child rights is often correlated with various forms of child vulnerability. The CRC adopts a comprehensive approach to the protection of vulnerable children. Foremost among the measures prescribed is protection against economic exploitation.

Article 32 stipulates:

  • States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

  • States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provision of other international instruments, State Parties shall in particular:

  • Provide for a minimum age or minimum ages for admission to employment;

  • Provide for appropriate regulation for the hours and conditions of employment;

  • Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

For the full text and further information on the Convention on the Rights of the Child (CRC), go to http://www.unicef.org/crc/index_30160.html

 

ILO-IPEC intervention programs

In the countries where the program is fully operational, considerable progress has been made in changing perceptions and drawing attention to the problem of child labor. A great number of working children have directly benefited from the Program. Another indicator of success is to see these concerns reflected in official government policies, programs and budgets of the various countries participating in the program.

Different types of efforts have been tried in various participating countries. In certain countries like the case of Indonesia, efforts for combating child labor have been included as an important element in national development plans and major government programs. In other cases like Turkey and Thailand, small action programs were able to demonstrate their potential and to motivate the concerned parties to expand them. In Turkey, a center for children working on the streets has been established in Ankara; whereas in Thailand, they have focused on education as a means for eliminating child labor.

In general, ILO-IPEC promotes the development of national policies and programs of action, which are essential for meaningful, systematic and sustained action. Education and market-oriented training programs for older children are among the most practical and feasible interventions to combat child labor as well as the most acceptable alternative to it.

For more details on ILO-IPEC, see http://www.ilo.org/public/english/standards/ipec/publ/high-98/part1.htm

 

Government of Egypt Laws and Regulations on the employment of minors

Regulations on the employment of minors (the term used in the labor laws to refer to children) date back to 1909 when Egypt introduced a law prohibiting the employment of minors below nine years of age in the cotton industry. Minors between 9-12 years had to acquire a medical certificate stating that they are fit to work. Working hours were not to exceed eight hours per day.

Consecutive labor laws followed providing more comprehensive protection. The current Labor Law No. 137, 1981 provides detailed regulations for the employment of minors. The Child Law (No. 12, 1996) adopted and incorporated the regulations stipulated in the Labor Law, with only small changes.

The current regulations for the employment of minors stated in the Child Law are the following:

Age Restrictions

The employment of minors below 14 years is prohibited. Occupational training before the age of 12 years is also prohibited. However, the governor concerned (in each Governorate), in agreement with the Minister of Education may permit the employment of minors aged 12-14 years in seasonal work which is not harmful to their health and growth and which does not conflict with regular school attendance.

Hazardous Occupations

The By-Laws (Executive regulations) complementing the Child Law incorporated previous ministerial decrees which protected minors below 17 years from employment in hazardous occupations.

Working Hours

Working hours must not exceed six hours per day. The minor should be allowed a period (or several periods) of at least one hour for rest and eating. Moreover, the minor must not work for more than four consecutive hours and must not be employed for extra time or during official holidays or weekends.

It is also prohibited to employ minors between 8p.m.-7a.m.

Health Regulations

The By-Laws of the Child Law provide detailed regulations for the protection of working minors in the work place. The employer is also responsible for providing the following:

  • Medical checkup for the minor upon employment to ensure his/her fitness for the job

  • Annual medical follow up

  • Daily glass of milk (200 grams)

  • Safety measures in the work place

Administrative Regulations

Employers are legally bound to undertake the following regulations:

  • Provide a working minor below the age of 16 years with a card indicating that he/she works for him. The card should have the minor’s picture and must be stamped by the Labor Office

  • Publicize (hang up) a copy of the labor regulations

  • Register regularly working hours and periods of rest

  • Send to the official authority the names of minors employed and the names of the persons who supervise them

Criminal Responsibility

Employers who do not abide by these regulations are liable to fines ranging between LE 100-500. Multiple infringements are liable to multiple fines.

The Child Law also stipulates that an employer who hinders or deprives a minor from attending basic education, would be liable to imprisonment for a period not exceeding a month or a fine ranging between LE 200-500.

The By-laws provide the following clarification. An employer would be considered as preventing or hindering the minor’s education in the following cases:

  • If the employer organizes working hours in conflict with school hours

  • If work arrangements prevent the minor from continuing his/her education

  • If the minor is employed in unhealthy working conditions or in undertaking work which affects his/her mental ability or physical development


All images are copyrighted to Nassif Azmy
@ Social Research Center
Suggestions and Comments to: srchild@aucegypt.edu