Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes the reports submitted by the Government and requests further information on the following points:

Article 2, paragraph 1, of the Convention. The Committee notes that the provisions on minimum age in the Labour Act of 16 March 1971 (in particular section 6 in conjunction with section 1) apply only to persons employed by virtue of a labour relationship or under a work contract, whereas the Convention also covers work performed in the absence of any employment relationship, including work performed by young people on their own account. The Committee hopes that the Government will indicate in its next report the measures taken or contemplated to ensure that effect is given to the Convention in this respect.

Article 3, paragraph 3. The Committee notes that under the Labour Act (sections 35 and 38), night work is permitted for young people of over 16 years of age, for work carried out in shifts or work which, by reason of its nature, cannot be interrupted. Night work is also authorised for young workers when an accident is imminent or occurs in an enterprise; in order to carry out urgent work on equipment or work occasioned by an unforeseen necessity; and in order to participate as an actor or performer. Some of the above work may involve risks for the health, safety or morals of young people. The Committee asks the Government to indicate the measures adopted or contemplated to guarantee fully the health, safety and morals of these young workers, including the adequate specific instruction or vocational training that they have received.