Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3(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 provides that this prohibition does not apply to “young persons at work” other than those who are student workers. Under section 2 of the Royal Order, the term “young person 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 indication 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 noted that the Code on Wellbeing at Work (Code), which incorporates all royal orders issued under the Act of 4 August 1996 concerning the well-being of workers in the performance of their work, also incorporates the Royal Order of 1999. It noted 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 noted that 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 out in section 10 of the said Order. The Committee noted, 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.

The Committee notes the Government’s indication that the Royal Order of 1999 prohibits young persons under 18 years of age from carrying out certain work and provides for occupational safety measures and the monitoring of the health of these young workers. However, it notes with regret that the report contains no information on the incorporation of the Royal Order of 1999 into the Code on Wellbeing at Work, which raises the minimum age for admission to work from 15 to 16 years. The Committee reminds the Government that, under Article 3(3) of the Convention, the national laws or regulations may, after consultation with the organizations of employers and workers, authorize the performance of hazardous work by young persons as from the age of 16 years on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore urges the Government to take immediate and effective measures to ensure that its legislation is in conformity with the Convention by ensuring that the performance of hazardous work may not under any circumstances be authorized in respect of children under 16 years of age. In this regard, it once again expresses the firm hope that the new Code on Wellbeing at Work, which raises the minimum age for admission to work from 15 to 16 years, will enter into force as soon as possible. It requests the Government to provide information on any developments in this regard.