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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the joint observations of the Confederation of Christian Trade Unions (CSC), the General Labour Federation of Belgium (FGTB) and the General Confederation of Liberal Trade Unions of Belgium (CGSLB), received on 30 August 2024.

Article 2(1) of the Convention. Scope of application. The Committee previously noted, with reference to the Labour Act of 16 March 1971, that: (1) section 2 (formerly section 6 prohibited work for children under 15 years of age; (2) the ban on the work of children established in section 1 only applied to persons in an employment relationship or holding an employment contract; (3) the Act therefore appeared to exclude work done by children on their own account. The Government indicated that work as a trader was not possible before the age of 18 years and that for work as an artisan the minimum age required was 16 years.

The Committee notes the indications in the joint observations of the CSC, FGTB and CGSLB that: (1) the Commercial Code, which prohibited young persons under 18 years of age from operating as traders, has been abolished; (2) the new Code of Economic Law does not contain any specific rules for minors; and (3) hence there is no longer anything to prevent a minor from being regarded as an entrepreneur when exercising an independent occupational activity. The Committee takes note of the Government’s response in which it indicates that: (1) section 7.1 of the Labour Act of 16 March 1971, as modified in 1993, prohibits a child from working or from being employed in any type of activity outside the framework of their education or training; (2) more generally, the conclusion of a contract with a minor is a cause for relative nullity based on his incapacity (sections 5.41 and 5.42 of the Civil Code); and (3) in conclusion, the exercise of an economic activity is only authorized to the extent that it is not excluded by section 7.1 of the Labour Act of 16 March 1971 and any contract concluded within the framework of an economic activity (for example, the provision of services by a minor on his own account) could be annulled due to the incapacity of the contracting child. The Committee takes due note of the Government’s reply.

Articles 3 and 8. Hazardous work and artistic performances. The Committee notes that the CSC, FGTB and CGSLB, in their observations on the Worst Forms of Child Labour Convention, 1999 (No. 182), express the view that the new phenomenon of “child influencers” is not compatible with the principle of the prohibition of child labour. These child influencers, whether on their own initiative or that of their parents, appear on video displaying products and as a result are able to make large amounts of money. The CSC, FGTB and CGSLB refer to a study which suggests that child influencers are exposed to similar risks to those faced by children working in the entertainment industry but do not have the same protection. The Committee takes note of the Government’s response in this regard, indicating that, according to an analysis conducted by the administration in 2022, using children as influencers on social media, by having them regularly and repeatedly post photos or videos of themselves with a particular product, constitutes a form of child labour, to which the prohibition provided for in section 7.1 Labour Act of 16 March 1971 applies. The Government specifies that, as the legislation currently stands, no individual exemptions can be granted at this time. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the creation of content on social media by “child influencers”: (i) is not, by its nature or the circumstances in which it is carried out, likely to jeopardize the health, safety or morals of these children; and (ii) does not interfere with compulsory schooling, including the time needed for homework, and allows sufficient time for rest during the day and for leisure activities, as provided for in paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146).

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 of age 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 on the foetus during pregnancy, or cause any other chronic harmful effect on human beings. However, section 10 of the Order provides that “young persons at work”, defined as any worker aged between 15 and 18 years who is not subject to full-time compulsory schooling, apprentices, trainees and students (section 2), may perform these types of work under the safety conditions set out 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 the new Code would consolidate the royal orders respecting 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 in order to ensure that young persons could perform hazardous types of work only from the age of 16 years. However, the Committee noted that the adoption of the new Code on well-being at work had once again been postponed. The Government indicated that, with a view to meeting the requirements of the Convention, the Directorate-General for the Humanization of Work had 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 would be incorporated into the Code subsequently, so that the Order could be signed and published more rapidly. In particular, the amendment of section 10 of the Order was envisaged with a view to raising the minimum age for young persons to be engaged in hazardous types of work to 16 years.

The Committee notes with satisfaction the Government’s indication in its report that the Royal Order of 1999 has been amended by the Royal Order of 31 May 2016. In its new wording, section 10(1) of the Royal Order of 1999 provides that young persons at work of 16 years of age or over may perform hazardous types of work under the safety conditions set out in the section, in accordance with Article 3(3) of the Convention.

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

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.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, paragraph 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 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 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 requested the Government to take the necessary steps to bring the legislation into line with the Convention.

The Committee notes from the Government’s report that the Code on Well-being at Work (Code), which incorporates all royal orders issued under the Act of 4 August 1996 on the well-being of workers in the performance of their work, also incorporates the Royal Order of 1999. It notes 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 notes that according to the Government, 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 in section 10 of the said Order. The Committee notes, 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. In all likelihood it will be published in the Moniteur belge (and will therefore have force of law) in the course of the coming year, at which time its date of entry into force will be fixed. Meanwhile, the Royal Order of 1999 is still in force. The Committee expresses the firm hope that the new law will ensure that young persons engaged in work considered to be hazardous may work only from the age of 16 years, in accordance with Article 3, paragraph 3, of the Convention, and accordingly asks the Government to send a copy of the new law as soon as it has been adopted.

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

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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. It also noted that the Royal Order of 31 May 1999 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. The Committee notes that, according to the Government’s information, the members of the Council have not yet been appointed. The Committee therefore requests the Government to indicate whether the Child Labour Advisory Council is operating and, if so, to provide information on the specific measures adopted by the Council to ensure the effective abolition of child labour.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee noted previously 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 types of work. 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 no longer subject to full-time compulsory schooling. The Committee observed that this provision is not specific as regards the age for admission to hazardous work. The Committee notes with interest the Government’s statement that workers who have reached the age of civil majority, namely 18 years, are no longer considered as "young workers". The Government adds that the prohibition on admitting "young workers" to hazardous work ceases at the earliest when the worker reaches 18 years of age.

Article 3, paragraph 3. Authorization to perform hazardous work from the age of 16 years. In its previous comments the Committee noted that, pursuant to section 8 of the Royal Order of 3 May 1999 on the protection of young people at work, young workers may not be employed in the hazardous occupations specified in subsection (2), 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. 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 Royal Order, the term "young persons 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 notes the Government’s statement that the authorization, by way of a dispensation, to perform hazardous work applies exclusively 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 being interrupted or jeopardized; preventive measures must be taken; and the work must be performed in the company of an experienced worker.

The Committee recalls that under Article 3, paragraph 3, of the Convention, national laws or the competent authority may, after consultation with the employers’ and workers’ organizations 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 therefore requests the Government to adopt the necessary measures 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 under section 8(2) of the Order of 3 May 1999 until they have attained the age of 16 ears.

Article 8 and Part V of the report form. In its previous comments, the Committee noted the statistical information sent by the Government 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 notes that in 2002 the number of permits granted was 394, the large majority of which were concerned with filming, sound recording, cinema, radio, television and video work not for advertising purposes. The Committee also observes that the labour inspectorate inspected 39,202 enterprises in 2002 and 40,417 in 2003. As a result of these inspections, 19 contraventions concerning the employment of young workers were recorded in 2002 and 18 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, including, for example, statistics on the employment of children and adolescents, extracts from the reports of the inspection services and details of the number and nature of the contraventions recorded.

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

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.

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

Article 1 of the Convention. Further to its previous comments, the Committee notes with satisfaction the information supplied by the Government in its reports. It notes in particular that schooling is compulsory up to the age of 18 years. According to the information supplied by the Government, compulsory schooling is composed of full-time and part-time compulsory education. In the case of full-time compulsory education, young persons must be in education up to the age of either 15 years, in keeping with the minimum age for admission to employment or work specified at the time of ratification, or 16 years, depending on whether or not they have completed the first two years of secondary education. In the case of part-time compulsory education, the age is from 16 to 18 years.

Article 8. Participation in activities such as artistic performances. Further to its previous comments, the Committee notes with satisfaction the detailed information supplied by the Government on the application of the Act of 5 August 1992 and the Royal Order of 11 March 1993 which give effect in law to the provisions of Article 8 of the Convention.

The Committee raises other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 3, paragraphs 1 and 2, of the Convention. The Committee notes the amendments made by the Act of 21 March 1995 to the Labour Act of 16 March 1971, which do not concern the age of admission to employment, but improve certain conditions, such as working hours and weekly rest, for young workers. It recalls that section 9 of the Labour Act prohibits young workers of under 18 years of age from performing work exceeding their strength or endangering their health or morals and that the Crown determines which occupations shall in every case be deemed to fall within the above category. The Committee also recalls that sections 183quat. and 183quinq. of the General Regulations on the Protection of Labour prohibit the presence of workers under 18 years of age in workplaces or their engagement in the types of work enumerated with a view to protecting the safety and health of workers. It requests the Government to indicate the provisions which enumerate the types of work that are deemed to endanger the morals of workers of under 18 years of age and to supply information on the implementation in practice of section 9 of the above Act.

Article 3, paragraph 3. The Committee notes that sections 183quat.(3) and 183quat.(4) of the above Regulations prohibit the engagement of workers under 18 years of age on dangerous equipment and machinery, but that section 183quat.(5) excludes from the application of these provisions workers under 18 years of age who are placed under the guidance and surveillance of a monitor responsible for ensuring their vocational training. It recalls that, in accordance with Article 3, paragraph 3, of the Convention, such derogations may only be authorized as from the age of 16 years on condition that the health and safety of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training. The Committee requests the Government to indicate the measures which have been taken to give effect to this provision in this respect.

Article 8 and point V of the report form. With reference to the observation, the Committee requests the Government to continue supplying information on the application of the Convention in practice and particularly Article 8, and to provide, for example, relevant statistics, extracts from the reports of inspection services and information not only on the number, but also the nature of the contraventions reported.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government has not provided information in reply to its general observation concerning the various measures that have been taken or are envisaged in the context of the national policy designed to ensure the effective abolition of child labour. It requests the Government to supply a full report on the application of Article 1 of the Convention.

Participation in activities such as artistic performances

The Committee notes, from the report submitted by the Government under Article 44 of the United Nations Convention on the Rights of the Child (CRC/C/11/Add.4-06.09.1994), the establishment of an advisory committee on child labour which includes representatives of workers and employers, as well as experts in psychology and pedagogy. It requests the Government to supply detailed information on the functions and composition of the above committee and on the results of its work.

The Committee notes with interest the Act of 5 August 1992 (which came into force on 1 February 1993), which provides for the protection of children in a sector in which they are increasingly being sought, namely publicity. It notes that, through an individual authorization from the competent Minister, work by children may be authorized in specific cases such as theatrical roles, fashion shows or participation in fashion photographic sessions. The application to obtain an individual derogation from the prohibition of child labour can only be made personally by the organizer, who must be resident in Belgium, and not by impresarios or agencies. The competent official who issues the derogation may establish a whole series of specific measures according to the activity and may interview the child.

The Committee requests the Government to supply information on the application of the Act of 5 August 1992 and the Royal Order of 11 March 1993, which gives effect, in law, to the provisions of Article 8 of the Convention.

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

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the reports submitted by the Government and requests further information on the following points:

Article 2, paragraph 1, of the Convention. The Committee notes that the provisions on minimum age in the Labour Act of 16 March 1971 (in particular section 6 in conjunction with section 1) apply only to persons employed by virtue of a labour relationship or under a work contract, whereas the Convention also covers work performed in the absence of any employment relationship, including work performed by young people on their own account. The Committee hopes that the Government will indicate in its next report the measures taken or contemplated to ensure that effect is given to the Convention in this respect.

Article 3, paragraph 3. The Committee notes that under the Labour Act (sections 35 and 38), night work is permitted for young people of over 16 years of age, for work carried out in shifts or work which, by reason of its nature, cannot be interrupted. Night work is also authorised for young workers when an accident is imminent or occurs in an enterprise; in order to carry out urgent work on equipment or work occasioned by an unforeseen necessity; and in order to participate as an actor or performer. Some of the above work may involve risks for the health, safety or morals of young people. The Committee asks the Government to indicate the measures adopted or contemplated to guarantee fully the health, safety and morals of these young workers, including the adequate specific instruction or vocational training that they have received.