Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Age Convention, 1973 (No. 138) - France (Ratification: 1990)

The Committee notes the information supplied by the Government in its report concerning the comments made by the French Democratic Confederation of Labour (CFDT) in 1996. According to the CFDT, although the labour regulations respecting young workers are protective in global terms, certain occupations and activities are not covered by the general regulations or offer possibilities for derogations that are too broad, especially in agriculture and for domestic employees.

Minimum age in agriculture and for domestic employees

The Committee notes with interest that section 5 of Decree No. 97-370 of 14 April 1997 concerning conditions of employment of young agricultural workers regulates conditions of employment of the family of the farmer, who are aged under 16, taking into consideration school attendance of the child or young person. It also notes that the employment of young people over the age of 14 who are still subject to compulsory education is permitted during school holiday periods (section 3, I), for light work only (section 3, III).

The Committee notes that by virtue of section 36 of the National Collective Convention for Domestic Employees of 3 June 1980 (extended by Order of 26 May 1982), the employment of young people between 14 and 16 years old is prohibited, except during school holiday periods.

The Committee requests the Government to supply information on the application in practice of these minimum ages.

Enterprises engaging in artistic performances and modelling agencies

In its comments, the CFDT indicates that the grant of individual authorizations for participation in a performance, and of approvals to modelling agencies holding a licence allowing them to engage children without individual authorizations, is dependent on the affirmative opinion of the Departmental Councils for the Protection of Children but that these Councils are not very active, except in the Parisian region. Furthermore, these Councils do not permit employers' and workers' organizations to be consulted since they are composed of officials and judges.

The Committee recalls that Article 8 of the Convention allows exceptions to the prohibition of employment or work provided for in Article 2, for such purposes as participation in artistic performances, on specific conditions: first, after consultation with the organizations of employers and workers concerned; and secondly, delivery by the competent authority of an individual permit which prescribes the conditions in which such employment or work is allowed and limits the number of hours.

1. In regard to consultation, the Committee notes the Government's statement that organizations of employers and workers were consulted before the adoption of these provisions relating to children's employment. The Committee observes that the consultation provided in Article 8 of the Convention does not apply to the general provisions relating to children's employment as stated by the Government in its report but to the conditions for the grant of individual work or employment permits by the competent authorities in derogation of Article 2 of the Convention. It recalls that individual authorizations for participation in a performance, or approvals to modelling agencies are granted by the Prefect on the advice of a committee established under the Departmental Council for the Protection of Children. It notes that the Departmental Councils for the Protection of Children, the composition of which is established in sections R.211-3 and R.211- 4 of the Labour Code, do not include representatives of the employers' and workers' organizations concerned.

The Committee requests the Government to indicate the measures taken or contemplated to ensure that exceptions to the prohibition of employment or work by persons not having yet reached the minimum age may be granted only in individual cases and after consultation with the employers' and workers' organizations concerned, in compliance with Article 8, paragraph 1, of the Convention.

2. In regard to the individual nature of the prior authorization, the Committee notes that under section L.211-6, 3, of the Labour Code, individual authorization is required only when the child is employed by a modelling agency holding a licence issued under section L.763-3 of the Labour Code and which has obtained from the Prefect a licence allowing it to engage children on the affirmative opinion of the committee established under the Departmental Council for the Protection of Children.

The Committee requests the Government to indicate the measures taken or contemplated to ensure compliance with the provisions of the Convention on this point.

Undeclared work

The CFDT also states that the deterioration of the employment situation of adults has been accompanied by a significant increase in work by young children in undeclared activities: the distribution of publicity as a family activity, street hawking (lilies of the valley, daffodils), "service" activities (cleaning windscreens), etc.

The Committee requests the Government to indicate the measures taken or contemplated to ensure that these activities are not undertaken by children under 16 years old, in conditions contrary to those laid down by the Convention.

Minimum age in the maritime sector

The Committee notes the information supplied by the Government in its report on the application of the Convention in the maritime sector. It notes in particular that a draft revision of the Maritime Labour Code, of which section 115 establishes a minimum age of 15 years, is at present before Parliament and should be finally adopted in the autumn of 1997 to raise the minimum age for work on board ship to 16 years. Recalling that the minimum age of 16 years was specified at the time of the ratification of the Convention, under the terms of Article 2, paragraph 1, of the Convention, the Committee trusts that this draft will be adopted as soon as possible.

[The Government is asked to provide a detailed report in 1998.]