Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Portugal (Ratification: 1998)

The Committee notes the Government’s report. It also notes the comments of the General Union of Workers (UGT) dated 28 August 2009.

Article 2, paragraph 3, of the Convention and Part V of the report form. Compulsory schooling and the application of the Convention in practice. In its previous comments, the Committee noted that the number of working children had decreased continually since 1999. It observed, however, that, according to data for 2002–03 from the UNESCO Institute for Statistics, the secondary school enrolment rate was 89 per cent for girls and 81 per cent for boys. Hence, a certain number of children below the minimum age for admission to employment or work, namely 16 years, did not appear to attend secondary school. It also noted the UGT’s comments that, although a clear improvement is visible, especially as regards awareness of child labour, the fact remains that problems still exist in some sectors. The Committee requested the Government to provide data on the educational system, particularly school attendance and drop-out rates, and to provide information on the application of the Convention in practice.

The Committee notes the information in the Government’s report on inspection activities from 2004 to 2008. The Committee notes that 38,343 inspections were conducted in 2007, and 62,477 inspections were conducted in 2008. The Committee also notes that 69 violations related to the employment of minors were detected in 2007, and 64 violations were detected in 2008 (of which 25 resulted in a sanction). However, the Committee notes the information in the Government’s report submitted under Convention No. 182 that the Working Conditions Authority identified 156 cases of effective child labour in 2007, and 117 cases in 2008. Between 2004 and 2008, a total of 3,674 children at risk for child labour were identified by the Working Conditions Authority, and 807 cases of effective child labour were identified. The Committee further notes the UGT’s comments that, while there have been some positive developments in relation to the elimination of child labour, many employers still carry out exploitative child labour, through piecemeal work performed at home, which the UGT indicated was a way of evading labour inspection. In addition, the Committee notes the UGT’s statement that, while there are few minimum age‑related issues, additional coordination efforts are required to completely eradicate the problem of workers under the minimum age.

The Committee notes the information in the Government’s report concerning the number of children enrolled in the education system, which indicates that, in the 2006–07 academic year, 710,030 children were enrolled in basic education (cycle 1 and cycle 2) and that 375,978 children were enrolled in secondary education (cycle 3). The Committee also notes that, according to the information in the Government’s report submitted under Convention No. 182, the Working Conditions Authority identified 14,916 school drop-outs between 2004 and 2008. The Committee further notes the information in the UNESCO report entitled Education for All – Global Monitoring Report 2009 (UNESCO EFA Report) that the net enrolment rate for secondary education in 2006 was 82 per cent (86 per cent for girls and 78 per cent for boys). In addition, the Committee notes that the UNESCO EFA Report indicates a 9 per cent decrease in the gross enrolment rate in secondary school between the years 1999 and 2006. Considering that education contributes to the elimination of child labour, the Committee hopes that the Government will redouble its efforts to strengthen the functioning of the education system, in particular by increasing the school enrolment rates of children under the minimum age of employment, particularly boys, and by reducing the drop-out rates. The Committee requests the Government to continue providing statistical information on school attendance and school drop-out rates. Furthermore, in view of the comments from the UGT, the Committee requests the Government to provide information on the activities of the labour inspectorate with regard to reports of the children engaged in piecemeal work within the homes of employers. Lastly, the Committee requests the Government to continue to provide information on the practical application of the Convention by supplying, in particular, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.