Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information supplied by the Government in its reports.

Article 1 of the Convention. In its previous comments, the Committee noted that a Child Labour Advisory Council had been established and was composed of workers’ and employers’ representatives and experts in psychology and pedagogy. The Committee notes that, according to the Government, the Royal Order of 31 May 1999 has amended the Royal Order of 11 March 1993 on child labour, by inserting a new chapter on the composition and operation of the Child Labour Advisory Council. It notes that the members of the Council have not yet been appointed. It requests the Government to provide information on the Council as soon as it has been formed.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that section 8 of the Royal Order of 3 May 1999 concerning the protection of "young people at work" prohibits the employment of young people in occupations considered to be hazardous and draws up a list of such occupations. Pursuant to section 2 of the Royal Order the prohibition covers, in particular, all young workers of 15 years of age or more who are not subject to full-time compulsory schooling. The Committee observes that this provision is not specific as to the age for admission to hazardous work. It reminds the Government that under Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee asks the Government to indicate whether the prohibition on employing young workers in jobs considered hazardous, laid down in section 8 of the Royal Order of 3 May 1999 to protect "young people at work" applies to those under 18 years of age.

2. Determination of hazardous work. In its previous comments, the Committee recalled that under section 9 of the Labour Act of 16 March 1971, it is forbidden for young workers of under 18 years of age to perform work exceeding their strengths or endangering their health or morals, and the Crown determines the occupations which must be deemed in all instances to fall in that category. The Committee notes that, according to the Government, the Crown has issued no orders. It will be for the judicial authority, with assistance from the departments competent for supervision, to assess whether the work done by young persons is likely to jeopardize their health, particularly in the case of occupations that are deemed to endanger their morals. The Committee  further notes that, according to the Government, in the event of a royal order being issued, any enumeration of such occupations could only be restrictive, in view of the fact that it is essential to safeguard the principle whereby such work may be prohibited and to maintain the authority of the courts to prohibit work which, even if not cited, exceeds the strength of young workers or endangers their health or morals. The Committee requests the Government to provide a copy of the Royal Order as soon as it is adopted.

3. Authorization to perform hazardous work from the age of 16 years. The Committee notes with interest that pursuant to section 14 of the Royal Order of 3 May 1999 on the protection of young people at work, Chapter IV, Title II, of the General Regulations on the Protection of Labour has been repealed.

The Committee notes that pursuant to section 10 of the Royal Order of 3 May 1999 on the protection of young people at work, section 8(2) of the Order under which young workers may not be employed in occupations deemed to be hazardous, namely those involving exposure to substances 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, does not apply to "young at work" other than those who are students. According to section 2 of the Royal Order, "young at work" means any working minor 15 years of age or more who is not subject to full-time compulsory schooling, apprentice, trainee, pupil and student. The Committee recalls that under Article 3, paragraph 3, of the Convention, national laws or regulations or the competent 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 the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the measures taken or envisaged to ensure that, in conformity with Article 3, paragraph 3, of the Convention, young workers may not be employed in work deemed to be hazardous pursuant to section 8(2) of the abovementioned Royal Order until they have attained the age of 16 years.

Article 8 and Part V of the report form. The Committee notes the statistical information sent by the Government in its reports, showing that there have been 357 applications for individual work permits for minors under the age of 15 or still in full-time compulsory education. Of that number, 349 were granted and eight refused. The Committee asks the Government to continue to provide information on the practical application of the Convention, particularly Article 8, including relevant statistics, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.