Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre la edad mínima, 1973 (núm. 138) - Bélgica (Ratificación : 1988)

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.