R41 Recommendation concerning the Age for Admission of Children to Non-Industrial Employment

Geneva, 30 aprile 1932

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixteenth Session on 12 April 1932, and
Having decided upon the adoption of certain proposals with regard to the age for admission of children to employment in non-industrial occupations, which is the third item on the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this thirtieth day of April of the year one thousand nine hundred thirty-two, the following Recommendation, which may be cited as the Minimum Age (Non-Industrial Employment) Recommendation, 1932, to be submitted to the Members of the International Labour Organisation for consideration, with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:

The Conference,
Having adopted a Convention concerning the age for admission of children to non-industrial employment, with a view to completing the international regulations laid down by the three Conventions adopted at previous Sessions concerning the age for admission of children to industrial employment, employment at sea and employment in agriculture; and
Desiring to ensure as uniform application as possible of the new Convention which leaves certain details of application to national laws or regulations;
Considers that, in spite of the variety of employments covered by the Convention and the need of making allowance for the adoption of practical methods of application varying with the climate, customs, national tradition and other conditions peculiar to individual countries, account should be taken of certain methods which have been found to give satisfactory results, and which may accordingly be a guide to the Members of the Organisation.

The Conference therefore recommends the Members to take the following rules and methods into consideration:

I. Light Work

(1) In order that children may derive full benefit from their education and that their physical, intellectual and moral development may be safeguarded, it is desirable that so long as they are required to attend school their employment should be restricted to as great an extent as possible.
(2) In determining the categories of employment in light work to which children may be admitted outside the hours of school attendance, such occupations and employments as running errands, distribution of newspapers, odd jobs in connection with the practice of sport or the playing of games, and picking and selling flowers or fruits might be taken into consideration.
(3) For the admission of children to employment in light work the competent authorities should require the consent of parents or guardians, a medical certificate of physical fitness for the employment contemplated, and, where necessary, previous consultation with the school authorities.
(4) The limitations on the hours of work per day of children employed in light work outside school hours should be adapted to the school time-table on the one hand, and to the age of the child on the other. Where instruction is given both in the morning and in the afternoon, the child should be ensured a sufficient rest before morning school, in the interval between morning and afternoon school, and immediately after the latter.

II. Employment in Public Entertainments

(5) Employment in any public entertainment, or as actors or supernumeraries in the making of cinematographic films, should in principle be prohibited for children under twelve years of age, and exceptions to this rule should be kept within the narrowest limits and only allowed in so far as the interests of art, science or education may require.
The permits to be granted by the competent authorities in individual cases should only be issued if the competent authorities are satisfied as to the nature and the particular type of the employment contemplated, if the parents' or guardians' consent has been obtained, and if the physical fitness of the child for the employment has been established. In the case of cinematographic films, measures should be taken to ensure that the children employed shall be under the supervision of a medical eye specialist. The child should also be assured of receiving good treatment and of being able to continue his education.
Each permit should specify the number of hours during which the child may be employed, with special regard to night work and work on Sundays and legal public holidays. It should be delivered for a particular entertainment, or for a limited period, and may be renewed.

III. Dangerous Employments

(6) The competent authorities should consult the principal organisations of employers and workers concerned before determining the employments which are dangerous to the life, health or morals of the persons employed, and before fixing the higher age or ages of admission to be prescribed for such employments by national laws or regulations.
Among employments of the kind referred to might be included, for example, certain employments in public entertainments such as acrobatic performances; in establishments for the cure of the sick such as employment involving danger of contagion or infection; and in establishments for the sale of alcoholic liquor such as serving customers.
Different ages for particular employments should be fixed in relation to their special dangers and in some cases the age required for girls might be higher than the age for boys.

IV. Prohibition of Employment of Children by Certain Persons

(7) With a view to safeguarding the moral interests of children persons who gave been condemned for certain serious offences or who are notorious drunkards should be prohibited from employing children other than their own, even if such children live in the same household with these persons.

V. Enforcement

(8) In order to facilitate the enforcement of the provisions of the Convention, it is desirable to institute a public system of registration and of employment or identity books for children admitted to employment.
These documents should contain, in particular, indications of the age of the child, the nature of his employment, the number of hours of work authorised, and the dates when the child began and finished his employment.
In the case of street trading the wearing of special badges should be prescribed.
In the case of children employed in public entertainments, supervising or inspecting officials should have the right of access to premises in which such entertainments are prepared or performed.

Fonte: ILO