Communication from the Federal Ministry of Foreign Affairs No 507 / 1990 Coll.

Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Convention on Minimum Age for Underground Works in Mines (No 123)

Valid Effective from 07.06.1969
Contents
507
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs announces that on 22 June 1965, at the 49th session of the International Labour Organisation General Conference, the Convention on Minimum Age for Underground Works was adopted (No 123). The ratification of the Convention by the Czechoslovak Socialist Republic was registered on 7 June 1968 by the Director-General of the International Labour Office. Pursuant to Article 7 of the Convention, the Convention entered into force for the Czechoslovak Socialist Republic on 7 June 1969.
The Czech translation of the Convention is being announced simultaneously.
Convention No 123
Convention on minimum age for underground work in mines
The General Conference of the International Labour Organisation, convened by the Board of Directors of the International Labour Office in Geneva and met there on 2 June 1965 at its 49th session,
Decides to adopt certain proposals concerning the minimum age for underground work in mines, which are the fourth item on the agenda,
noting that the Convention on Underground Labour (Women), 1935, prohibits, in principle, the employment of women, regardless of age, by underground works in mines,
Notes that the Convention on Minimum Age (industry) (revised), 1937, which is applicable to mines, provides that children under the age of 15 may not be employed and may not work in any public or private undertaking or in its branch,
Considers that, as regards such employment as is dangerous to the life, health or morale of workers, because of its nature or because of the environment in which it is carried out, the Convention also provides that national laws shall designate or empower a competent authority to designate more than 15 years of age for the admission of young or adolescents to such work,
taking into account that, given the nature of the underground employment in the mines, it is desirable to adopt international standards determining a higher age limit than 15 years for admission to such employment; and
state that these standards will take the form of an international convention,
adopts on 22 June 1965 the following Convention, to be designated as the Convention on Minimum Age (Underground Labour), 1965.
1. For the purposes of this Convention, "mine 'means any undertaking, whether public or private, for the extraction of substances placed under the surface of a country in which people are employed underground.
2. The provisions of this Convention relating to employment or work below ground in mines shall also apply to employment and work below ground in quarries.
1. Persons below the designated age limits will not be employed or worked underground in mines.
2. Any Member State which ratifies this Convention shall determine the minimum age in a declaration to be attached to ratification.
3. The minimum age will in no way be less than 16 years.
Any Member State which has ratified this Convention may, in addition, notify the Director-General of the International Labour Office at a later date by a declaration that it determines a minimum age higher than that which it has determined at the time of ratification.
1. In order to ensure the effective implementation of the provisions of this Convention, the competent authorities shall take all necessary measures, including the establishment of adequate penalties.
2. Any Member State which ratifies this Convention undertakes to maintain an adequate control system for the purpose of supervising the implementation of the provisions of this Convention or to verify that adequate control is carried out.
3. National laws and regulations shall designate the persons responsible for implementing the provisions of this Convention.
4. The employer shall keep and make available to the supervisory authorities records containing data on persons employed or working underground who are less than two years older than the minimum age. These lists shall include:
(a) the date of birth, where possible officially verified; and
(b) the date on which the worker is employed or started working in an underground enterprise.
5. The employer shall make available to workers' representatives, at their request, lists of persons employed or working underground who are less than two years older than the specified minimum age. These lists shall include the date of birth of such persons and the date on which they have been employed or started working in an underground undertaking.
The minimum age determined in accordance with Articles 2 and 3 of this Convention shall be determined after consultation with the most representative employers' and workers' organisations involved.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of all ratifications and statements communicated to it by the members of the Organisation.
2. When notifying the Member States of the Organisation of the minutes of the second ratification notified to it, the Director-General shall notify the Member States of the Organisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratifications and statements he has entered in accordance with the provisions of the previous Articles.
Whenever deemed necessary, the Administrative Board of the International Labour Office shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its full or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises the Convention and does not provide otherwise for the new Convention,
(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 8, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.

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Regulation Information

CitationCommunication from the Federal Ministry of Foreign Affairs No 507 / 1990 Coll., on the negotiation of the Convention on Minimum Age for Underground Work in Mines (No 123)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation17.12.1990
Effective from07.06.1969
Effective until-
Status Valid
The regulation text is for informational purposes only.
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