CONVENTION No. 58 Convention Fixing the Minimum Age for the Admis-sion of Children to Employment at Sea (Revised 1936)
CONVENTION No. 58 Convention Fixing the Minimum Age for the Admis-sion of Children to Employment at Sea (Revised 1936)
[Date of coming into force: 11 April 1939.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Twenty-second Session
on 22 October 1936, and
Having decided upon the adoption of certain proposals with regard to
the partial revision of the Convention fixing the minimum age for
admission of children to employment at sea adopted by the Conference at
its Second Session, the question forming the agenda of the present
Session, and
Considering that these proposals must take the form of an
international Convention, adopts this twenty-fourth day of October of the
year one thousand nine hundred and thirty-six the following Convention,
which may be cited as the Minimum Age (Sea) Convention (Revised), 1936:
Article 1
For the purpose of this Convention, the term "vessel" includes all
ships and boats, of any nature whatsoever, engaged in maritime navigation,
whether publicly or privately owned; it excludes ships of war.
Article 2
1. Children under the age of fifteen years shall not be employed or
work on vessels, other than vessels upon which only members of the same
family are employed.
2. Provided that national laws or regulations may provide for the
issue in respect of children of not less than fourteen years of age of
certificates permitting them to be employed in cases in which an
educational or other appropriate authority designated by such laws or
regulations is satisfied, after having due regard to the health and
physical condition of the child and to the prospective as well as to the
immediate benefit to the child of the employment proposed, that such
employment will be beneficial to the child.
Article 3
The provisions of Article 2 shall not apply to work done by children
on school-ships or training-ships, provided that such work is approved and
supervised by public authority.
Article 4
In order to facilitate the enforcement of the provisions of this
Convention, every shipmaster shall be required to keep a register of all
persons under the age of sixteen years employed on board his vessel, or a
list of them in the articles of agreement, and of the dates of their
births.
Article 5
This Convention shall not come into force until after the adoption by
the International Labour Conference of a Convention revising the
Convention fixing the minimum age for admission of children to industrial
employment, 1919, and a Convention revising the Convention concerning the
age for admission of children to non-industrial employment, 1932.
Article 6
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 7
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. Subject to the provisions of Article 5 above it shall come into
force twelve months after the date on which the ratifications of two
Members have been registered with the DirectorGeneral.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 8
As soon as the ratifications of two Members of the International
Labour Organization have been registered, the Director-General of the
International Labour Office shall so notify all the Members of the
International Labour Organization. He shall likewise notify them of the
registration for ratifications which may be communicated subsequently by
other Members of the Organization.
Article 9
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 10
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 11
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides,
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 9 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 12
The French and English texts of this Convention shall both be
authentic.
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