Convention on the Minimum Age for Employment

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  • Royal Decree No. (M/37)

  • Number: M/37

  • Date: 18/6/1434 AH

  • By the grace of God Almighty

  • We, Abdullah bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • And based onArticle (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • And based onArticle (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing Shura Council Resolution No. (210/79) dated 24/2/1434 AH.

  • After reviewing Council of Ministers Resolution No. (194) dated 12/6/1434 AH.

  • We decree the following:

  • First:

    • 1- Approval of the Convention concerning the Minimum Age for Admission to Employment issued by the International Labour Organization on June 6, 1973, in the attached form.

    • 2- Attaching a declaration with the instrument of ratification in accordance with Article (2) of this Convention with the following text: "That according to theLabor Lawin the Kingdom, the minimum age for admission to employment in the Kingdom of Saudi Arabia and work on its territory - or on means of transport registered on its territory - is fifteen years of age, without prejudice to the provisions of Article (7) of this Convention."

  • Second: His Highness the Deputy Prime Minister, the Ministers, and the heads of the relevant independent authorities - each within his jurisdiction - shall implement this decree.

  • Council of Ministers Resolution No. (194)

  • Resolution No.: (194)

  • Date: 12/6/1434 AH

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 9797 dated 13/3/1434 AH, including the telegram of His Excellency the Minister of Labor No. 1/1/3481/3/A dated 17/8/1433 AH, accompanied by a copy of the Convention concerning the Minimum Age for Admission to Employment of 1973, and His Excellency's proposal to approve ratification of this Convention, leaving the timing of submitting the ratification to the International Labour Organization to the Ministry of Labor in coordination with the Ministry of Foreign Affairs.

  • After reviewing the aforementioned Convention.

  • After reviewing the server process No. (605) dated 5/12/1433 AH prepared by the Bureau of Experts at the Council of Ministers.

  • After considering Shura Council Resolution No. (201/79) dated 24/2/1434 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (237) dated 15/4/1434 AH.

  • It is decided as follows:

  • First:

    • 1- Approval of the Convention concerning the Minimum Age for Admission to Employment, issued by the International Labour Organization on June 6, 1973, in the attached form.

    • 2- Attaching a declaration with the instrument of ratification in accordance with Article (2) of this Convention with the following text: "That according to theLabor Lawin the Kingdom, the minimum age for admission to employment in the Kingdom of Saudi Arabia and work on its territory - or on means of transport registered on its territory - is fifteen years of age, without prejudice to the provisions of Article (7) of this Convention."

    • A draft Royal Decree to that effect has been prepared, its text attached hereto.

  • Second: The Ministry of Labor - in coordination with the Ministry of Foreign Affairs - shall determine the appropriate timing for submitting the Kingdom's instrument of ratification of this Convention to the International Labour Organization.

Article 1

  • Each member state for which this Agreement is in effect undertakes to follow a national policy aimed at effectively eliminating child labor and gradually raising the minimum age for employment to a level consistent with the physical and mental development of minors.

Article 2

  • 1- Each member state that ratifies this Agreement shall declare, in a statement attached to its ratification instrument, a minimum age for employment or work on its territory or on means of transport registered in its territory; no person below this age shall be accepted for employment or work in any profession, subject to Articles 4 to 8 of this Agreement.

  • 2- Any member state that has ratified this Agreement may subsequently notify the Director-General of the International Labour Office, through new declarations, that it has set a higher age limit than the one established at the time of its ratification.

  • 3- The minimum age established pursuant to paragraph 1 of this Article shall not be less than the age for the completion of compulsory education, and in no case shall it be less than 15 years.

  • 4- Notwithstanding the provisions of paragraph 3 of this Article, any member state whose economy and educational facilities have not reached a sufficient level of development may initially set a minimum age of 14 years, after consulting with the relevant employers' and workers' organizations, where they exist.

  • 5- Each member state that has set a minimum age of 14 years in accordance with the provisions of the previous paragraph shall include in the reports it submits on the implementation of this Agreement under Article 22 of the Constitution of the International Labour Organization a statement indicating:

    • (a) that the reasons for this decision still exist; or

    • (b) that it waives its right to benefit from the aforementioned provisions as of a date it specifies.

Article 3

  • 1- The minimum age shall not be less than 18 years for acceptance into any type of employment or work that may endanger the health, safety, or morals of minors due to its nature or the conditions under which it is performed.

  • 2- The national laws or regulations or the competent authority shall determine, after consulting with the relevant employers' and workers' organizations where applicable, the types of employment or work to which paragraph 1 of this article applies.

  • 3- Notwithstanding the provisions of paragraph 1 of this article, national laws or regulations or the competent authority, after consulting with the relevant employers' and workers' organizations where applicable, may allow employment or work starting from the age of 16, provided that the health, safety, and morals of the minors concerned are fully protected and that these minors receive specific education or adequate vocational training regarding the intended field of activity.

Article 4

  • 1- The competent authority may, after consulting with the relevant employers' and workers' organizations, where applicable, exclude specific categories of employment or work from the scope of this Agreement, to the extent necessary, if they present specific and significant practical issues.

  • 2- Each member state that ratifies this Agreement shall indicate in its first report on the application of the Agreement, submitted under Article 22 of the Constitution of the International Labour Organization, the categories that may have been excluded pursuant to paragraph 1 of this article, along with the reasons for such exclusion. In its subsequent reports, it shall outline the status of its laws and practices regarding the excluded categories and the extent of the implementation of the Agreement or its intentions regarding implementation in relation to these categories.

  • 3- The types of employment or work covered by Article 3 may not be excluded from the scope of this Agreement pursuant to this article.

Article 5

  • 1- Any member state whose economy and administrative facilities have not reached a sufficient level of development may initially narrow the scope of application of this Agreement, after consulting with the relevant employers' and workers' organizations where they exist.

  • 2- Each member state benefiting from the provisions of paragraph 1 of this article shall specify, in a declaration accompanying its ratification, the branches of economic activity or types of institutions to which the provisions of this Agreement will apply.

  • 3- The provisions of this Agreement shall, at a minimum, apply to the following: mining and quarrying, manufacturing, construction, electricity, gas, and water, health services, transport, storage, and communications, large farms and other agricultural projects whose production is primarily allocated for commercial purposes, and shall not include family and small holdings that produce for local consumption and do not regularly employ paid workers.

  • 4- Each member state that has narrowed the scope of application of this Agreement in accordance with this article:

    • (a) shall indicate in the reports it submits under Article 22 of the Constitution of the International Labour Organization the general situation regarding the employment or work of young persons and children in the branches of activity excluded from the scope of application of this Agreement, and any progress made towards expanding its application;

    • (b) may at any time officially expand the scope of application of this Agreement by a declaration sent to the Director-General of the International Labour Office.

Article 6

  • This Agreement does not apply to work performed by children and adolescents in schools for the purposes of general, vocational, or technical education, nor does it apply to work in establishments performed by individuals who have reached the age of 14 years at least, provided that this work is carried out in accordance with conditions determined by the competent authority after consulting with the relevant employers' and workers' organizations, where applicable, and constitutes an essential part of: 

    • (a) An educational or training course for which a school or training institution bears primary responsibility;

    • (b) A training program that is carried out mostly or entirely in an establishment, if it has been approved by the competent authority; 

    • (c) A guidance or counseling program aimed at facilitating the choice of profession or type of training.

Article 7

  • 1- National laws or regulations may permit the employment or work of persons aged between 13 and 15 years in light work: 

    • (a) that is unlikely to be harmful to their health or development;

    • (b) that does not interfere with their school attendance and participation in guidance or vocational training programs approved by the competent authority, nor weaken their ability to benefit from the education they receive.

  • 2- National laws or regulations may also permit the employment or work of persons who have reached the age of at least 15 years and have not completed their compulsory education in work ... under the conditions specified in subparagraphs (a) and (b) of paragraph 1 of this article.

  • 3- The competent authority shall determine the activities in which employment or work may be permitted under paragraphs 1 and 2 of this article, and shall decide the number of hours and conditions under which such employment or work may take place.

  • 4- Notwithstanding the provisions of paragraphs 1 and 2 of this article, any member state benefiting from the provisions of paragraph 4 of article 2, as long as it continues to benefit from them, may substitute the ages of 12 and 14 years with the ages of 13 and 15 years in paragraph 1 of this article, and the age of 14 years with the age of 15 years in paragraph 2.

Article 8

  • 1- The competent authority may, after consulting with the relevant employers' and workers' organizations, where applicable, allow exemptions from the obligation to prohibit employment or work as stipulated in Article 2 of this Agreement for purposes including participation in artistic events, through licenses granted on a case-by-case basis.

  • 2- The licenses granted for this purpose shall limit the number of hours during which employment or work is permitted and specify the conditions to which they must adhere.

Article 9

  • 1- The competent authority shall take all necessary measures, including imposing appropriate penalties, to ensure the effective implementation of the provisions of this Agreement.

  • 2- National laws or regulations or the competent authority shall determine the individuals responsible for the Obligation to comply with the provisions established for the enforcement of this Agreement.

  • 3- National laws or regulations or the competent authority shall decide the records or other documents that the employer must maintain and submit; these records or documents shall include the names, ages, and dates of birth of individuals employed or working for them who are under 18 years of age, and shall be duly certified whenever possible.

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