![]() | Action Against Child Labour (ILO, 2000, 356 p.) |
![]() | ![]() | 2. Towards improved legislation |
In implementing the provisions of Convention No. 138, governments can make use of several flexibility provisions. However, advance consultation with employers' and workers' organizations is required.
Have advance consultations with
employers' and workers' organizations before setting the general minimum age at
14 instead of 15 (allowed in countries whose economy and educational facilities
are insufficiently developed) (Article 2).
Consult employers' and workers'
organizations before deciding whether to exclude limited categories of work
because there are substantial problems of application (Article 4).
Consult employers' and workers'
organizations before exercising the option of limiting the scope of application
initially to certain branches of economic activity or types of enterprise
(allowed in countries whose economy and administrative facilities are
insufficiently developed) (Article 5).
Consult employers' and workers'
organizations in determining the types of hazardous work to which the higher
minimum age of 18 applies and in deciding whether the exception for authorizing
certain work from age 16 is to be used and how it will be applied (Article 3).
After consultation with employers' and
workers' organizations, prescribe the conditions for carrying out work which is
excluded from coverage of the Convention within the framework of training and
education (Article 6).
Consult employers' and workers'
organizations before allowing exceptions for participation in artistic
performances (Article 8).
Consultations are also required under Convention No. 182:
Consult employers' and workers'
organizations before determining types of work likely to harm the health, safety
or morals of children, and identifying where such work exists (Article 4).
After consultation with employers' and
workers' organizations, designate monitoring mechanisms (Article 5).
Design and implement programmes of action
in consultation with employers' and workers' organizations, taking into
consideration the views of other concerned groups as appropriate (Article
6).