Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Belgium (Ratification: 1988)

Article 3, paragraph 3, of the Convention. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 8 of the Royal Order of 3 May 1999 on the Protection of Young Persons at Work (Royal Order of 1999), prohibits the employment of young persons in the hazardous types of work listed under section 8(2) of the Order, namely work involving exposure to agents that are toxic, carcinogenic, cause hereditary genetic alterations, have harmful effects for the foetus during pregnancy or any other chronic harmful effect on human beings. Section 10 of the Order states that this prohibition does not apply to “young persons at work” other than those who are students. Under section 2 of the Order, the term “young persons at work” means any working minor of 15 years of age or more who is not subject to full-time compulsory schooling, apprentices, trainees, pupils and students. The Committee noted the Government’s statement that authorization, by way of a dispensation, to perform hazardous work applies solely to “young persons at work” who are engaged in vocational training and provided that the following conditions are met: the work or presence of young persons in dangerous places must be essential to prevent their training from being interrupted or jeopardized; preventive measures must be taken; and the work must be performed in the company of an experienced worker. The Committee requested the Government to take the necessary steps to bring the legislation into line with the Convention.

The Committee notes from the Government’s report that the Code on Well-being at Work (Code), which incorporates all royal orders issued under the Act of 4 August 1996 on the well-being of workers in the performance of their work, also incorporates the Royal Order of 1999. It notes that the text of the Royal Order of 1999 constitutes Chapter I “Young persons at work” of Title XI “Specific Categories of Workers” of the Code, which will be incorporated in the form of a new royal order. Section 2(1) of the Royal Order of 1999, once incorporated in the Code, will become Title XI, section 2(1) of the Code. Furthermore, the Committee notes that according to the Government, this provision raises to 16 years the minimum age for admission to the work defined therein and that young persons engaged in tasks deemed to be hazardous, pursuant to section 8(2) of the Royal Order of 1999, will be able to work only as from the age of 16 years and in accordance with the conditions set in section 10 of the said Order. The Committee notes, however, that the new Code, which will raise the minimum age for young persons at work to 16 years, does not as yet exist officially in the form of a royal order since it has been submitted for an opinion to the Higher Council for Prevention and Protection at Work and will thereafter be submitted to the Council of State for an opinion. In all likelihood it will be published in the Moniteur belge (and will therefore have force of law) in the course of the coming year, at which time its date of entry into force will be fixed. Meanwhile, the Royal Order of 1999 is still in force. The Committee expresses the firm hope that the new law will ensure that young persons engaged in work considered to be hazardous may work only from the age of 16 years, in accordance with Article 3, paragraph 3, of the Convention, and accordingly asks the Government to send a copy of the new law as soon as it has been adopted.