Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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 under 18 years 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. However, section 10 of the Order provides that “young persons at work”, defined as any working minor of 15 years of age or more who is not subject to full-time compulsory schooling, apprentices, trainees and students (section 2), may perform these types of work under the conditions of safety stated in this section.

The Committee noted previously that a new Code on Well-being at Work was in the process of being adopted and that it would consolidate the royal orders concerning the well-being of workers, including the Royal Order of 1999, which was to be amended to raise the minimum age for young persons to work to 16 years to ensure that young persons could perform hazardous types of work only from the age of 16 years. The Committee noted, however, that the new Code on Well-being at Work had not yet been published.

The Committee once again notes with regret the Government’s indication that, as political will has been focused on other matters, the publication of the Code on Well-being at Work would again be postponed. However, the Government indicates that with a view to meeting the requirements of the Convention, the Directorate-General for the Humanization of Work has prepared a draft royal order amending the Royal Order of 1999 – separately from the finalization of the Code on Well-being at Work, but which will be incorporated into the Code subsequently – so that this Order can be signed and published more quickly. In particular, the amendment of section 10 of the Order is envisaged with a view to raising the minimum age for young persons to work to 16 years.

The Committee once again 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 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. Noting that it has been raising this point for over ten years, the Committee urges the Government to take the necessary measures to ensure that either the draft royal order amending the Royal Order of 1999 or the new Code on Well-being at Work enters into force as soon as possible. It requests the Government to provide information in its next report on any developments in this regard.