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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the General Confederation of Portuguese Workers–Intersindical (CGTP–IN) and the General Union of Workers (UGT), received with the Government’s report.

Article 2(3) of the Convention. Age of compulsory education. The Committee notes that the CGTP-IN observes that, section 68 of the Labour Code sets the minimum age for work or employment at 16 years, while the age of completion of basic compulsory education is 18 years. The CGTP-IN states that this is in contravention with Article 2(3) of the Convention which requires that the minimum age for work not be less than the age of completion of compulsory schooling. The Committee notes the Government’s reply that: (1) under section 68 of the Labour Code, young persons under 18 years may be admitted to employment provided that they have completed their compulsory education or that they are enrolled in and attending secondary school; and (2) under section 66(1) of the Labour Code, the employer must “provide young persons with working conditions which are appropriate to their (…) education and training”. The Government considers that these provisions are in line with Article 2(3) of the Convention as the minimum age for admission to work is not less than 15 years and the concern for completion of the minimum school-leaving age is maintained (as 16- and 17-year-olds who are working must also be enrolled in and attending secondary school). Taking into consideration the Government’s reply, the Committee considers the legislation to be in line with the requirements of Article 2(3) of the Convention, as it notes that: (1) the minimum age for admission to employment or work is set in national legislation at 16 years, in line with the minimum age specified upon ratification and in line with Paragraph 7(1) of the Minimum Age Recommendation, 1973 (No. 146), which states that Member States should take as their objective the progressive raising to 16 years of the minimum age for admission to employment or work specified in pursuance of Article 2 of the Convention; and (2) section 68 requires that persons under 18 years and of at least 16 years who seek to work must be enrolled in and attending secondary school. Therefore, young persons are not encouraged to leave school before the age of completion of compulsory schooling.

Article 3(3). Admission to hazardous work from 16 years of age. The Committee notes the CGPT-IN’s observation according to which Act No. 102/2009, which provides a list of activities considered to be hazardous that may be performed by children from 16 years of age, does not refer to the requirement concerning adequate specific training in the relevant branch of activity as required by Article 3(3) of the Convention. In this regard, the Committee previously noted the Government’s reference to section 15(4) of Act No. 102/2009 which states that while assigning tasks to workers, consideration should be given to the workers’ knowledge in terms of health and safety at the workplace, while the employer should provide the necessary information and training to his or her workers in the relevant branch of activity.

Article 8. Artistic performances. The Committee notes the UGT observation that there may be cases of child labour in the arts, fashion and sports sectors. The CGPT-IN further observes that participation of children and young persons in artistic and sports performances is often very demanding and requires long working hours, often conflicting with school schedules and rest periods. The CGTP-IN also indicates that the applicable legislation is not adequate as it does not mention the need: (1) that such activities not conflict with compulsory education; and (2) to ensure the wellbeing of these children. Further, the CGTP-IN states that the Children’s and Adolescent’s Protection Committee (CPCJ), responsible for authorizing, assessing and monitoring children’s work in these areas does not have the necessary means to perform its tasks, as a result of which the effectiveness of its action is compromised and is partially or totally ineffective. With regard specifically to sports performances, the CGTP-IN observes that no data is available and that participation of children in sports performances is completely unregulated. The Committee notes that, in reply, the Government refers to Act No. 105/2009, which regulates the participation of children and young persons in “cultural, artistic and publicity” activities. The Committee notes that under sections 5 and 6 of the Act, prior authorization must be requested from the Children’s and Adolescents’ Protection Committee for all engagement in such activities (with the exception of the participation that takes place within a 24 hours period involving the participation of a minor of at least 13 years and who has not participated in such activity in the previous 180 days; in which case a communication to the CPCJ is considered enough). Section 3 of the Act also sets out the maximum working hours and compulsory rest period, which varies according to the age of the minor. The Committee requests the Government to provide information on the application in practice of Act No. 105/2009, by indicating: (i) the number of authorizations granted by the CPCJ for minors to participate in artistic performances, disaggregated by age; and (ii) the number of inspections undertaken to ensure compliance with conditions of work of young persons, as well as the number and nature of violations detected, and penalties imposed. It also requests the Government to indicate whether Act No. 105/2009 applies to the participation of children and young persons under the age of 18 years in sports performances. If not, the Committee requests the Government to indicate the applicable laws and regulations for the participation of children and young persons in sports performances, and to provide information on their application in practice.

Application of the Convention in practice. The Committee notes that both the CGTP-IN and the UGT regret the lack of available statistical data on child labour. In this regard, the Committee notes, from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Working Conditions Authority (ACT) provided updated data on child labour, up to 2021, and that such data concluded that “the problem of under-age workers has been eliminated in Portugal”. The Committee also takes note of the information provided on labour inspections with regard to child labour, which found 12 violations in 2019, 13 violations in 2020 and 13 violations in 2021. The Committee notes however that no information is provided on the nature of the violations or the penalties imposed. The Committee requests the Government to continue providing information on child labour inspections, including information on the nature of the violations detected and the penalties imposed. It also requests the Government to provide updated statistical information on the nature, extent and trends of child labour in the country.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report as well as the comments made by the General Confederation of Portuguese Workers–Intersindical (CGTP–IN) and the General Union of Workers (UGT) dated 18 August 2011 and 1 October 2013.

Article 2(3) of the Convention and Part V of the report form. Compulsory schooling and application of the Convention in practice. The Committee notes the comments made by the CGTP–IN that although the national legislation is generally in conformity with the provisions of this Convention, the austerity policies to which the country is currently subjected is creating a severe economic and social crisis and is generating widespread impoverishment among the population and that a new wave of child labour is feared to be gaining strength. The CGTP–IN states that according to the 2012 United Nations Children’s Fund (UNICEF) report entitled “Measuring child poverty”, 14.7 per cent of Portuguese children below the age of 16 years live below the poverty line. The current trend towards reducing cash transfers and cutting family allowances and education support paid to the most deprived families, particularly during a time of high unemployment and job insecurity has contributed to an increased rate of school dropouts and to a fresh increase of child labour. Moreover, the Programme for Social Inclusion and Citizenship (PIEC) which included the Integrated Programme for Education and Training (PIEF) and through which 3,296 children benefitted during the year 2011–12, came to an end while its responsibilities were transferred to the Social Security Institute. Hence, in a context of crisis and increasing domestic difficulties as well as an absence of monitoring tools like the PIEC, the school drop-out rate is also rising and there is a backward trend in the fight against child labour. According to the Ministry of Education, the school drop-out rate stood at 20.8 per cent in 2012.

While the CGTP–IN acknowledges that the economic exploitation of child labour has diminished considerably in Portugal, there are still sectors in which child labour persists in a hidden form, such as in family work on farms or commercial operations, and domestic work done for third parties. In addition, the activities of the Authority for Working Conditions (ACT) has been considerably reduced due to a drastic reduction in human and material resources, a situation that is increasingly exacerbated by the effects of the crisis and the implementation of the austerity measures.

The Committee notes the Government’s statement that the number of minors working illegally is rather insignificant and that the child labour phenomenon in Portugal, in so far as it persists, is purely residual. The Committee notes the Government’s statement that the activities carried out by the ACT includes in-depth inspection visits to enterprises in which minors are employed in contravention of the general conditions of employment and of health and safety standards. According to the data on ACT inspections of child workers, 77 visits were carried out in 2012, and one minor was detected to be working in violation of the minimum age requirements. The inspection data also indicates that in 2012, 16 notifications and five warning notices were issued, while a total fine of €28,482 was imposed for violations relating to medical examinations of minors and minimum requirements for admission to employment. Furthermore, as per the data collected from the annual reports of labour inspection, in 2011, 404 inspectors carried out inspections in 80,159 establishments where a total of 93 minors were employed and, in 2012, 391 inspectors visited 37,398 establishments where a total of 13 minors were employed. The Government further indicates that no cases of child workers were found in domestic or home-based occupations.

The Committee also notes from the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the elimination of the PIEC and the incorporation of its objectives into the Social Security Institute entailed the development of a new organizational model, particularly attributing specific responsibilities to all ministries concerned. Furthermore, the PIEF, in its new role also offers psychosocial care, in addition to offering education and training to students thereby responding to the specific needs of the student in integrating them into schools. The Government report also indicates that according to the PIEF diagnosis, in 2012–13, of the 3,933 problems identified relating to children of compulsory schooling age, 1,695 cases concerned early school leaving, 988 cases concerned school absenteeism and 26 cases concerned child labour.

The Committee also notes that according to the Government’s fourth periodic report to the Committee on Economic, Social and Cultural Rights (CESC) of 8 March 2013, a number of measures are in place to reduce the school drop-out rates, such as: Programa Mais Sucesso Escolar to reduce failure rates and raise student achievement; Ensino a Distância para Itinerância, a distance learning project for students whose parents often move away for work; Percursos Curriculares Alternativos an alternative curriculum for students having learning difficulties or at risk of social exclusion or school dropout; and Territorios Educativos de Intervencao prioritâria to improve the quality of education. The Committee further notes from the annexes to the fourth periodic report to the CESC that the gross enrolment ratio at compulsory education for the year 2010–11 stood at 100 per cent for primary education-1st cycle, 95.4 per cent for primary education-2nd cycle, and 92.1 per cent for lower secondary education, while the drop-out rates decreased from 10.7 per cent in 2005–06 to 7.5 per cent in 2010–11. The Committee encourages the Government to continue its efforts to reduce the school drop-out rates, particularly during this period of economic and financial crisis, by providing appropriate family benefits and educational support to deprived families.

Article 3(3). Admission to hazardous work as from 16 years of age. The Committee notes the allegations made by the CGTP–IN that while Law No. 102/2009, which approves the legal regime promoting health, safety and security at the workplace, provides a list of activities that may be performed by children from 16 years of age, there is no reference to the requirement concerning adequate specific training in the relevant branch of activity as required by Article 3(3) of the Convention.

In this regard, the Committee notes the Government’s reference to section 15(4) of Law No. 102/2009 which states that while assigning tasks to workers, consideration should be given to the workers’ knowledge in terms of health and safety at workplace, while the employer should provide the necessary information and training to his or her workers in the relevant branch of activity.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(3) of the Convention and Part V of the report form. Compulsory schooling and the application of the Convention in practice. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken to improve the school enrolment rates, as well as to decrease the drop-out rates. These measures include activities for enriching the curriculum and ensuring equal access to such activities, supporting families in achieving a healthy balance between their work and family lives, increased diversity in the secondary school curriculum, implementation of preventive and corrective measures to address the issues of drop-outs and poor performance, and streamlining the school network to permit greater integration of pupils throughout the various cycles of education. The Government report indicates that with the launching of the “New Opportunities Initiative” in 2005, there has been a marked increase in the number of pupils enrolled in each cycle of primary and secondary education.

The Committee notes the statistical information provided by the Government concerning the number of children in the education system, which indicates that, in the 2008–09 academic year, 1,215,280 children were enrolled in the primary education (first, second and third cycle) and 1,952,114 children were enrolled in secondary education. With regard to the drop-out rates at the primary level, the Government’s report indicates a decrease from 18.4 per cent in the 2006–07 academic year to 13.5 per cent in the 2009–10 academic year. At the secondary level, the drop-out rates have decreased from 24.6 per cent in 2006–07 to 18.9 per cent in 2009–10. It also notes the Government’s indication that the overall drop out rates have decreased from 31.2 per cent in 2009 to 28.7 per cent in 2010. The Committee also notes the Government’s statement that with the implementation of the 2015 Education Programme launched at the start of the 2010–11 academic year, it is expected to fulfil the stated goal of reducing the level of the drop-out rate to 15 per cent by 2014.

The Committee further notes that according to the information provided by the Government with regard to inspection activities, 202 inspections were carried out in 2010 to monitor the employment and working conditions of minors during which 20 violations were detected and penalties ranging between €33,150 and €73,713 were imposed. Most of the violations detected were with regard to the failure to provide medical examinations, violation of the minimum requirements for admission of minors to employment (without compulsory schooling or vocational qualification) and failure to inform the Authority for Working Conditions about the employment of minors. Nonetheless, in response to the Committee’s requests concerning the measures taken with regard to the children working at home, the Committee notes with interest the Government’s information that it has enacted Law No. 101/2009 of 8 September which seeks to regulate work performed by minors at home. According to section 3 of the Law No. 101/2009, a minor under the age of 16 may only assist a worker if he/she is a member of the household, so that the jobs carried out by the minor are merely secondary tasks which are light in nature. In this regard, the Committee notes the Government’s indication that the labour inspectors have not detected any cases of illegal work in the domestic sector though six cases of illegal work by minors in other sectors were detected in 2009 and 2010.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments made by the Confederation of Trade and Services of Portugal (CCSP) and the General Union of Workers (UGT).

Part V of the report form. 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. The Committee asked the Government to supply statistical data on school attendance and drop-out rates.

The Committee notes the Government’s statement that the Ministry of Education currently collects the necessary information and that this will subsequently be sent to the Committee. It also notes 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 UGT adds that a number of employers appear to make use of child labour, especially at home, which constitutes a way of evading labour inspection. In addition, according to the activity reports of the general labour inspectorate for 2006, some 55 contraventions involving child labour were detected, representing an increase in relation to 2005. The Committee hopes that the data on education will be available soon and requests the Government to supply them as soon as possible, particularly with regard to the school attendance and drop-out rates. In view of the comments from the UGT, the Committee also asks the Government to provide information on the application of the Convention in practice 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. More particularly, it notes the adoption of Act No. 99/2003 of 27 August 2003 issuing the Labour Code (hereinafter, the Labour Code) and Act No. 35/2004 of 29 July 2004 issuing regulations under the Labour Code (hereinafter, Act No. 35/2004 of 29 July 2004).

Article 3, paragraph 1, of the Convention. Age of admission to hazardous work. The Committee previously requested the Government to indicate whether the prohibition of hazardous work contained in the national legislation covers children and young persons under 18 years of age. The Committee notes the Government’s indication that, under the terms of section 122 of the Civil Code, the age of majority is 18 years. It further notes that this concept applies to the provisions of the Labour Code and to Act No. 35/2004 of 29 July 2004.

Article 3, paragraph 2. Types of work likely to jeopardize morals. The Committee previously requested the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work that are likely to jeopardize their morals. In this respect, the Committee notes that section 53(1) of the Labour Code provides that the employer has to offer a young person conditions of work adapted to her or his age and which protect her or his safety and health, physical, psychological and moral development, education and training. It further notes that section 121(1)(m) of Act No. 35/2004 of 29 July 2004 prohibits the employment of a young person in activities performed in night clubs or similar locations.

Article 3, paragraph 3. Authorization of hazardous work from the age of 16 years. In its previous comments, the Committee noted that certain provisions of the national legislation permit the employment of young persons of 16 years of age and over on certain types of hazardous work. It pointed out that, under the terms of Article 3, paragraph 3, of the Convention, the national 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 they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requested the Government to provide information on the measures adopted to ensure that work performed by young persons of 16 to 18 years of age meets the above conditions.

In this respect, the Committee notes the Government’s indication that sections 122 to 126 of Act No. 35/2004 of 29 July 2004 regulate work by young persons of 16 years and over in certain types of hazardous work. By virtue of section 122(2) of the Act, the employer has to assess the nature, extent and period of exposure of the young person to specified activities or types of work and take the necessary measures to prevent the danger. The Committee also notes that section 60 of the Labour Code provides that the employer shall ensure that young workers undergo a medical examination in order to ensure that they are fit to perform their work. Furthermore, it notes the Government’s indication that section 278(1) of the Labour Code provides that the worker shall, as a function of her or his job and the hazardous activity to be performed, received training in occupational safety, health and hygiene.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee notes Decree No. 205/96 of 25 October 1996 establishing the legal framework for apprenticeship (hereinafter, Decree No. 205/96 of 25 October 1996), Legislative Decree No. 74/2004 of 26 March 2004 and Orders Nos. 550-A/2004, 550-B/2004 and 550-C/2004 of 21 May 2004 regulating the various forms of vocational training. In particular, it notes that under section 2(1) of Decree No. 205/96 establishing the legal framework for apprenticeship, the concept of apprenticeship is considered to be training intended for young persons who have passed the age of completion of compulsory schooling (15 years), but are not yet over 25 years of age.

Article 7, paragraph 1. Authorization of employment on light work as from 13 years of age. In its previous comments, the Committee noted that the national legislation permits the employment of young persons under the age of 16 years on light work, without however determining a minimum age from which they may begin to perform such work. It requested the Government to take the necessary measures to ensure that no young person under the age of 13 years may be engaged in light work. The Committee notes the Government’s indication that a young person under 16 years of age may be admitted to light work if she or he fulfils the conditions set out in section 55(3) of the Labour Code, namely: completing compulsory schooling and performing an activity which is not, by its nature and the specific conditions under which it is performed, likely to be harmful to the safety and health of the young person, her or his attendance at school, participation in vocational orientation or training programmes or capacity to benefit from the instruction received, or her or his physical, psychological or moral development. The Committee also notes the Government’s indication that, as compulsory schooling begins at six years of age and lasts for nine years, the age of completion of compulsory schooling is 15 years (section 6 of Act No. 46/86 of 14 October 1986 establishing rules for the education system). Accordingly, no child under 15 years of age may be engaged in an economic activity. Furthermore, the Government indicates that, in certain cases, children of 14 years of age may perform light work.

Article 7, paragraph 3. Determination of types of light work. The Committee previously requested the Government to determine the activities in which light employment or work may be authorized. In this respect, it notes the Government’s indication that light work is regulated by section 55(3) of the Labour Code and section 115 of Act No. 35/2004 of 29 July 2004. Section 115(1) provides that light work shall be considered to consist of simple and well-defined tasks which do not require physical effort or which are not likely to prejudice the physical integrity, health and/or physical, psychological and moral development of the young person. The Committee also notes the Government’s indication that the activities on which young persons between 13 and 15 years of age may work are regulated as exceptions and that, in any case, they may not perform activities prohibited by sections 116 to 126 of Act No. 35/2004 of 29 July 2004.

Article 9, paragraph 3. Employers’ registers. With reference to its previous comments, the Committee notes that section 120(j) of the Labour Code provides that the employer shall keep a register indicating, among other information, the worker’s name and date of birth and of admission to employment.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government that the labour inspectorate is undertaking activities in the field of work by young persons, in accordance with its strategy adopted for the promotion of decent work. It also notes that the labour inspectorate is collaborating with agencies of the public administration and NGOs, and particularly with the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI), the social partners and the National Confederation for Action on Child Labour (CNASTI). The Committee also notes that, according to the statistics provided by the Government, the number of working children has been in continual decline since 1999 and that, in the inspections carried out in the first quarter of 2005, no violations of the legislation on the minimum age for admission to employment or work were reported. However, the Committee notes that, according to the data of the UNESCO Institute for Statistics for 2002-03, the enrolment rate in secondary school is 89 per cent for girls and 81 per cent for boys. Consequently, a number of children below the minimum age for admission to employment or work, namely 16 years, appear not to be attending secondary school. Considering that education contributes to eliminating child labour, the Committee hopes that the Government will continue its efforts to improve the education system, to ensure that children attend school regularly and to reduce the school drop-out rate, particularly among boys. It requests the Government to provide statistical data on school attendance and drop-out rates, disaggregated by age and sex. The Committee also requests the Government to continue providing information on the manner in which the Convention is applied in practice.

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

The Committee notes the information provided by the Government in its first and subsequent reports and the communication of the General Workers’ Union (UGT) attached to the Government’s report of 2002.

Article 3. 1. Age for admission to hazardous work. By virtue of section 124(3) of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999, the types of work which by their nature or the circumstances in which they are carried out are likely to jeopardize the physical, psychological or moral development of young persons are prohibited or regulated by special legislation. The Committee notes that section 3 of Legislative Decree No. 107/2001 prohibits young persons from being employed in activities where there is a risk of exposure to certain agents, as well as in the procedures and types of work specified in Annex I of the Legislative Decree. The Committee notes that neither Legislative Decree No. 49,408 of 14 November 1969 and its amendments, nor Legislative Decree No. 107/2001, contain a definition of the term "young person". The Committee requests the Government to indicate whether the prohibition of hazardous work, under section 124(3) of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999 and under section 3 of Legislative Decree No. 107/2001, covers children and young persons under 18 years of age, in accordance with Article 3, paragraph 1, of the Convention.

2. Types of work likely to jeopardize morals. The Committee notes that the prohibition of assigning young persons to activities in which a risk of exposure to certain agents as well as to the procedures and types of work specified in Annex I of Legislative Decree No. 107/2001 does not include work likely to jeopardize the morals of young persons. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work that are likely to jeopardize their morals, in accordance with Article 3, paragraph 1, of the Convention.

3. Work by young persons from 16 to 18 years of age. The Committee notes that, by virtue of section 4(1) of Legislative Decree No. 107/2001, young persons of at least 16 years of age may, under certain conditions, be employed in activities involving a risk of exposure to certain agents, in particular the physical and biological agents listed in Annex II of the Legislative Decree. Under subsection 2 of this provision, the employer shall evaluate the nature, extent and length of exposure of young persons to these activities or types of work, and take the necessary measures to avoid the risk. The Committee points out that, according to Article 3, paragraph 3, of the Convention, the national 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 work performed by young persons of 16 to 18 years meets the above conditions.

Article 6. The Committee notes that, by virtue of section 2(1) of Legislative Decree No. 396/91 of 16 October 1991, the minimum age of 16 years for admission to employment does not apply to activities performed in enterprises when the work is done according to conditions prescribed by the competent authority and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of vocational training mainly or entirely in an enterprise which has been approved by the competent authority; (c) a programme of guidance designed to facilitate the choice of an occupation or line of training. The Committee notes that, for Article 6 of the Convention to be applicable, persons working in enterprises must be at least 14 years of age and consultations must have been held with employers’ and workers’ organizations. It therefore requests the Government to provide information on the measures taken or envisaged to apply this provision of the Convention.

Article 7. 1. Authorization for employment on light work. The Committee notes that, by virtue of section 122(2) of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999, young persons under the age of 16 years having completed their compulsory education may be employed on light work on condition that the work, by its nature and the specific conditions under which it is carried out, is not likely to jeopardize their safety, health, school attendance, participation in guidance and training programmes, or their ability to benefit from the instruction received or their physical, psychological and moral development. It also notes that section 2 of Legislative Decree No. 107/2001 of 6 April 2001 regulates the performance of all the types of light work provided for under section 122(2) of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999, and provides that the types of work shall consist of simple and well-defined tasks and that the work done by a young person in a family enterprise shall be under the supervision and guidance of a member of the family. The Committee also notes that section 5(2) of Act No. 58/99 of 30 June 1999 provides that young persons below 16 years of age having completed compulsory education may engage in own-account work if it is light work.

The Committee points out that, by virtue of Article 7, paragraph 1, of the Convention, the national legislation may authorize the employment or work of young persons of 13 years of age on light work. It notes that section 122(2) of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999, section 2 of Legislative Decree No. 107/2001 of 6 April 2001 and section 5(2) of Act No. 58/99 of 30 June 1999 permit the employment of young persons under the age of 16 years on light work without, however, fixing a minimum age from which young persons may begin to perform such work. It therefore requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 7, paragraph 1, by providing that young persons under the age of 13 years shall not be employed on light work.

2. Determination of types of light work. The Committee notes that Legislative Decree No. 409/71, as amended by Act No. 58/99 of 30 June 1999, regulates the conditions in which light work may be authorized. It reminds the Government, however, that by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted. The Committee requests the Government to take the necessary measures to ensure the application of this provision of the Convention by determining the activities in which light work or employment may be authorized.

Article 9, paragraph 3. The Committee notes the information provided by the Government in its report indicating that section 19 of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999, contains a new subsection (h) respecting a register of the personnel employed by an entity. The Committee notes, however, that Act No. 58/99, which is available to the Office, does not contain a provision on this subject. It therefore requests the Government to send it a copy of section 19 of Legislative Decree No. 49,408 of 24 November 1969, as amended by Act No. 58/99 of 30 June 1999.

Part V of the report form. The Committee notes with interest the information provided by the Government in its reports, in particular the efforts made with regard to child labour statistics. In this respect, the Committee notes the study on the social characteristics of Portuguese families with school-age children, carried out by the Ministry of Labour and Solidarity with the support of ILO/IPEC in October 1998. It notes that this study concerns children from 6-14 years of age. In its report of 2000, the Government indicates that, although Portugal specified a minimum age of 16 years, the Convention fixes it at 15 years, and this is the reason why such young persons are excluded from the study. The Committee notes that in its communication the General Workers’ Union (UGT) points out that, in 2001, 91 cases of young persons under 16 years of age employed in illicit work were reported. It also notes that, according to the statistics provided by the Government in its report of 2003, a total of 61 cases of young persons under 16 years of age were reported to be working. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no young person under 16 years of age is admitted to employment or work in any occupation. It also requests it to continue to provide information on the manner in which the Convention is applied in practice.

In its communication the UGT also points out that legislation relating to the participation of young persons under 16 years of age who not have not completed compulsory education in activities such as artistic performances, cultural or artistic activities or publicity, is being prepared. The Committee requests the Government to forward a copy of the legislation once it is adopted.

The Committee requests the Government to provide a copy of the following legislative texts:

-  Legislative Decree No. 235/92 of 24 October 1992;

-  Legislative Decree No. 440/91 of 14 November 1991;

-  Legislative Decree No. 74/73 of 1 March 1973;

-  Legislative Decree No. 104/89 of 6 April 1989;

-  Act No. 15/97 of 31 May 1997.