Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Brazil (Ratification: 2001)

Other comments on C138

Observation

Direct Request

2015
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2004

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Article 3(1) and (3) of the Convention. Hazardous work. The Committee previously noted that section 2(1) of Decree No. 6.481 authorizes the employment of a minor aged 16 or over in hazardous work with the authorization of the Ministry of Labour and Employment, further to consultation with the employers’ and workers’ organizations concerned, provided that the health, safety and morals of the young persons are fully guaranteed. It observed, however, that section 2(1) of Decree No. 6.481 does not indicate whether young persons over 16 years of age must have received adequate specific instruction or vocational training in the relevant branch of activity to receive authorization of the Ministry of Labour and Employment, as specified in Article 3(3) of the Convention.

The Committee notes the Government’s information that pursuant to the Regulatory Standard No. 9-NR 9 published by Ordinance GM No. 3214 of 1978, the employers and companies that employ workers to work on risky activities or in risky environments are required to implement the Programme for the Prevention of Environment Risk (PPRA). According to the Government, the PPRA is a programme that aims to preserve the health and integrity of workers through the anticipation, recognition, evaluation and subsequent control of the occurrence of existing environmental risks at the workplace. The Committee further notes the Government’s indication that according to the standards for the implementation of the PPRA as set out in the Regulatory Standard No. 9-NR 9, employers are required to provide training and mentoring activities to workers in order to reduce or eliminate risks at the workplace.