Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 2(3) of the Convention and Part V of the report form. Compulsory schooling and the application of the Convention in practice. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken to improve the school enrolment rates, as well as to decrease the drop-out rates. These measures include activities for enriching the curriculum and ensuring equal access to such activities, supporting families in achieving a healthy balance between their work and family lives, increased diversity in the secondary school curriculum, implementation of preventive and corrective measures to address the issues of drop-outs and poor performance, and streamlining the school network to permit greater integration of pupils throughout the various cycles of education. The Government report indicates that with the launching of the “New Opportunities Initiative” in 2005, there has been a marked increase in the number of pupils enrolled in each cycle of primary and secondary education.

The Committee notes the statistical information provided by the Government concerning the number of children in the education system, which indicates that, in the 2008–09 academic year, 1,215,280 children were enrolled in the primary education (first, second and third cycle) and 1,952,114 children were enrolled in secondary education. With regard to the drop-out rates at the primary level, the Government’s report indicates a decrease from 18.4 per cent in the 2006–07 academic year to 13.5 per cent in the 2009–10 academic year. At the secondary level, the drop-out rates have decreased from 24.6 per cent in 2006–07 to 18.9 per cent in 2009–10. It also notes the Government’s indication that the overall drop out rates have decreased from 31.2 per cent in 2009 to 28.7 per cent in 2010. The Committee also notes the Government’s statement that with the implementation of the 2015 Education Programme launched at the start of the 2010–11 academic year, it is expected to fulfil the stated goal of reducing the level of the drop-out rate to 15 per cent by 2014.

The Committee further notes that according to the information provided by the Government with regard to inspection activities, 202 inspections were carried out in 2010 to monitor the employment and working conditions of minors during which 20 violations were detected and penalties ranging between €33,150 and €73,713 were imposed. Most of the violations detected were with regard to the failure to provide medical examinations, violation of the minimum requirements for admission of minors to employment (without compulsory schooling or vocational qualification) and failure to inform the Authority for Working Conditions about the employment of minors. Nonetheless, in response to the Committee’s requests concerning the measures taken with regard to the children working at home, the Committee notes with interest the Government’s information that it has enacted Law No. 101/2009 of 8 September which seeks to regulate work performed by minors at home. According to section 3 of the Law No. 101/2009, a minor under the age of 16 may only assist a worker if he/she is a member of the household, so that the jobs carried out by the minor are merely secondary tasks which are light in nature. In this regard, the Committee notes the Government’s indication that the labour inspectors have not detected any cases of illegal work in the domestic sector though six cases of illegal work by minors in other sectors were detected in 2009 and 2010.