Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la edad mínima, 1973 (núm. 138) - Portugal (Ratificación : 1998)

Otros comentarios sobre C138

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2016

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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.