TNAG-0873-FCO40-1083-Employment-of-children-in-Hong-Kong-1979 — Page 20

E/CN.4/Sub.2/433 E/CN.4/Sub.2/AC.2/29 page 6

23.

The minimum age for admission to hazardous work may be lowered to 16 years, in terms of article 3(3), "on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity".

24.

In terms of article 6, the Convention does not apply to "work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist" and where such work is an integral part of an educational or training programme.

25. Under article 7, the Convention allows ratifying States to permit the employment of children between 13 and 15 years (between 12 and 14 for States having specified a general minimum age of 14 years) and of children above that age who have not completed compulsory schooling, on "light work" which is "not likely to be harmful to their health or development" and "not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes ..."

26. Article 8 allows exceptions from general minimum age standards to be made by permits granted in individual cases, for such purposes as participation in artistic performances.

27.

Concerning the scope of application of the Convention, it may be pointed out that in contrast to the earlier Conventions which it is designed to replace, and which were applicable to limited economic sectors, Convention No. 138 extends to all forms of employment or work. Certain derogations may be made in the case of countries which have special problems of implementation. Under article 4, "limited categories of employment or work in respect of which special and substantial problems of application arise" may be excluded after consultation with the organizations of employers and workers concerned, provided however that such categories do not involve danger to health, safety and morals.

28.

Under article 5(1), "A Member whose economy and administrative facilities are insufficiently developed may, after consultation with the organizations of employers and workers concerned, where such exist, initially limit the scope of application" of the Convention.

These are:

29. On the other hand, in terms of article 5(3), certain categories of work are considered as a minimum to which the Convention shall be applicable. "mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers.'

30. In addition, the International Labour Conference adopted Recommendation No. 146 to supplement the Minimum Age Convention. The Recommendation invites States to give high priority to planning for and meeting the needs of children and youth in national