Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

Article 2, paragraph 1, of the Convention. The Committee notes that section 7.1.1. of the Labour Act, as amended by the Act of 5 August 1992, now institutes a prohibition for all children under the age of 15 years to carry out any kind of work, whether dependent work or under an employment contract. It further notes from the Government report that independent work as a merchant is not possible before the age of 18 years, and that for work as a craftsman the required minimum age is 16 years.

Article 3, paragraph 3. The Committee notes from the Government report that for night work involving risks for the health, safety or morals of young persons over 16 years, the general restrictions of section 9 of the Labour Act and of sections 183.4 and 183.5 of the General Regulation for the Protection of Work are applicable. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons of over 16 years of age receive, in the relevant branch of activity, adequate specific instruction or vocational training.

Article 8. The Committee notes that according to section 7.5.2. of the Labour Act, as amended by the Act of 5 August 1992, the King is to determine the procedure to be followed to obtain the exceptions granted in individual cases under section 7.2 of the Labour Act. The procedure has been set in sections 5 ff. of Royal Decree of 11 March 1992 respecting child labour. Please indicate how the requirement to consult the organizations of employers and workers concerned is fulfilled for such exceptions.