Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Portugal (Ratification: 1998)

The Committee notes the information provided by the Government in its report. More particularly, it notes the adoption of Act No. 99/2003 of 27 August 2003 issuing the Labour Code (hereinafter, the Labour Code) and Act No. 35/2004 of 29 July 2004 issuing regulations under the Labour Code (hereinafter, Act No. 35/2004 of 29 July 2004).

Article 3, paragraph 1, of the Convention. Age of admission to hazardous work. The Committee previously requested the Government to indicate whether the prohibition of hazardous work contained in the national legislation covers children and young persons under 18 years of age. The Committee notes the Government’s indication that, under the terms of section 122 of the Civil Code, the age of majority is 18 years. It further notes that this concept applies to the provisions of the Labour Code and to Act No. 35/2004 of 29 July 2004.

Article 3, paragraph 2. Types of work likely to jeopardize morals. The Committee previously requested the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work that are likely to jeopardize their morals. In this respect, the Committee notes that section 53(1) of the Labour Code provides that the employer has to offer a young person conditions of work adapted to her or his age and which protect her or his safety and health, physical, psychological and moral development, education and training. It further notes that section 121(1)(m) of Act No. 35/2004 of 29 July 2004 prohibits the employment of a young person in activities performed in night clubs or similar locations.

Article 3, paragraph 3. Authorization of hazardous work from the age of 16 years. In its previous comments, the Committee noted that certain provisions of the national legislation permit the employment of young persons of 16 years of age and over on certain types of hazardous work. It pointed out that, under the terms of Article 3, paragraph 3, of the Convention, the national authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requested the Government to provide information on the measures adopted to ensure that work performed by young persons of 16 to 18 years of age meets the above conditions.

In this respect, the Committee notes the Government’s indication that sections 122 to 126 of Act No. 35/2004 of 29 July 2004 regulate work by young persons of 16 years and over in certain types of hazardous work. By virtue of section 122(2) of the Act, the employer has to assess the nature, extent and period of exposure of the young person to specified activities or types of work and take the necessary measures to prevent the danger. The Committee also notes that section 60 of the Labour Code provides that the employer shall ensure that young workers undergo a medical examination in order to ensure that they are fit to perform their work. Furthermore, it notes the Government’s indication that section 278(1) of the Labour Code provides that the worker shall, as a function of her or his job and the hazardous activity to be performed, received training in occupational safety, health and hygiene.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee notes Decree No. 205/96 of 25 October 1996 establishing the legal framework for apprenticeship (hereinafter, Decree No. 205/96 of 25 October 1996), Legislative Decree No. 74/2004 of 26 March 2004 and Orders Nos. 550-A/2004, 550-B/2004 and 550-C/2004 of 21 May 2004 regulating the various forms of vocational training. In particular, it notes that under section 2(1) of Decree No. 205/96 establishing the legal framework for apprenticeship, the concept of apprenticeship is considered to be training intended for young persons who have passed the age of completion of compulsory schooling (15 years), but are not yet over 25 years of age.

Article 7, paragraph 1. Authorization of employment on light work as from 13 years of age. In its previous comments, the Committee noted that the national legislation permits the employment of young persons under the age of 16 years on light work, without however determining a minimum age from which they may begin to perform such work. It requested the Government to take the necessary measures to ensure that no young person under the age of 13 years may be engaged in light work. The Committee notes the Government’s indication that a young person under 16 years of age may be admitted to light work if she or he fulfils the conditions set out in section 55(3) of the Labour Code, namely: completing compulsory schooling and performing an activity which is not, by its nature and the specific conditions under which it is performed, likely to be harmful to the safety and health of the young person, her or his attendance at school, participation in vocational orientation or training programmes or capacity to benefit from the instruction received, or her or his physical, psychological or moral development. The Committee also notes the Government’s indication that, as compulsory schooling begins at six years of age and lasts for nine years, the age of completion of compulsory schooling is 15 years (section 6 of Act No. 46/86 of 14 October 1986 establishing rules for the education system). Accordingly, no child under 15 years of age may be engaged in an economic activity. Furthermore, the Government indicates that, in certain cases, children of 14 years of age may perform light work.

Article 7, paragraph 3. Determination of types of light work. The Committee previously requested the Government to determine the activities in which light employment or work may be authorized. In this respect, it notes the Government’s indication that light work is regulated by section 55(3) of the Labour Code and section 115 of Act No. 35/2004 of 29 July 2004. Section 115(1) provides that light work shall be considered to consist of simple and well-defined tasks which do not require physical effort or which are not likely to prejudice the physical integrity, health and/or physical, psychological and moral development of the young person. The Committee also notes the Government’s indication that the activities on which young persons between 13 and 15 years of age may work are regulated as exceptions and that, in any case, they may not perform activities prohibited by sections 116 to 126 of Act No. 35/2004 of 29 July 2004.

Article 9, paragraph 3. Employers’ registers. With reference to its previous comments, the Committee notes that section 120(j) of the Labour Code provides that the employer shall keep a register indicating, among other information, the worker’s name and date of birth and of admission to employment.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government that the labour inspectorate is undertaking activities in the field of work by young persons, in accordance with its strategy adopted for the promotion of decent work. It also notes that the labour inspectorate is collaborating with agencies of the public administration and NGOs, and particularly with the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI), the social partners and the National Confederation for Action on Child Labour (CNASTI). The Committee also notes that, according to the statistics provided by the Government, the number of working children has been in continual decline since 1999 and that, in the inspections carried out in the first quarter of 2005, no violations of the legislation on the minimum age for admission to employment or work were reported. However, the Committee notes that, according to the data of the UNESCO Institute for Statistics for 2002-03, the enrolment rate in secondary school is 89 per cent for girls and 81 per cent for boys. Consequently, a number of children below the minimum age for admission to employment or work, namely 16 years, appear not to be attending secondary school. Considering that education contributes to eliminating child labour, the Committee hopes that the Government will continue its efforts to improve the education system, to ensure that children attend school regularly and to reduce the school drop-out rate, particularly among boys. It requests the Government to provide statistical data on school attendance and drop-out rates, disaggregated by age and sex. The Committee also requests the Government to continue providing information on the manner in which the Convention is applied in practice.