Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 1 of the Convention. With reference to its previous comments, the Committee notes the information sent by the Government to the effect that the members of the Child Labour Advisory Council have not yet been appointed. It requests the Government to provide this information as soon as the membership is established, together with any information on specific measures taken by the above Council to ensure the effective abolition of child labour.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. In its previous comments, the Committee noted 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 the hazardous types of work listed at 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 people 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.

Noting that the Government’s report contains no information on the matter, the Committee reminds the Government that according to 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 where such exist, 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. The Committee urges the Government to take the necessary measures to ensure that young persons employed in work that is deemed to be hazardous, pursuant to section 8(2) of the Order of 3 May 1999, may work only as from the age of 16 years, in accordance with Article 3, paragraph 3, of the Convention.

Article 8 and Part V of the report form. Further to its previous comments, the Committee takes due note of the statistics sent by the Government in its report.