Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

Further to its earlier comments, the Committee notes the information provided by the Government in its report. It requests the Government to supply additional information on the following points.

Minimum age in the maritime sector. Further to its earlier comments, the Committee notes with satisfaction the amendment to section 115 of the Maritime Labour Code (Act No. 97-1051 of 18 November 1997), which raised the minimum age for working on board ship to 16 years, as opposed to 15 years previously. This provision gives effect in law to Article 2, paragraph 1, of the Convention, under which the minimum age of 16 years has been specified. The Committee requests the Government to provide information on the practical application of this minimum age in the maritime sector.

Minimum age in agriculture and for domestic employees. The Committee notes the Government's statement in its report to the effect that Decree No. 97-370 of 14 April 1997 respecting conditions of employment of young agricultural workers is too recent to allow of an assessment of its application in practice or any conclusions to be drawn. The Committee notes, however, the Government's intention to carry out a statistical survey in this area and requests the Government to indicate the results of the survey once it has been carried out.

The Committee also notes the Government's information in its report to the effect that employment of children aged between 14 and 16 years as domestic employees appears to be exceptional, according to information supplied by various departmental labour, employment and vocational training authorities. Given that domestic employees were mentioned specifically as being an area of concern by the French Democratic Confederation of Labour (CFDT) in its comments in 1996 on the application of the Convention, the Committee would be grateful if the Government would continue to supply information on the practice of employing young persons as domestic workers.

Enterprises involving artistic performances and modelling agencies. In its previous comments, the Committee noted the observations of the CFDT according to which the granting of individual authorizations for participation in a performance and of approvals to modelling agencies holding licences allowing them to engage children without individual authorization is dependent on the affirmative opinion of 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 notes the Government's statement in its report to the effect that the committees established under the Departmental Council for the Protection of Children, which consider applications for individual authorizations for participation in performances or issue approvals to modelling agencies holding licences allowing them to engage children without individual authorization, are active in all the country's departments, contrary to the comments of the CFDT. The Committee requests the Government to provide in its next report more detailed information on the activities of these committees.

The Committee also notes the following arguments put forward by the Government: (i) consultation of employers' and workers' organizations would not guarantee better protection of children, since the members of the committees are professionals in this area; (ii) the necessary measures have been taken to ensure the protection of children employed by modelling agencies holding licences allowing them to employ children without individual authorization.

The Committee must once again draw attention to the fact that, under Article 8 of the Convention, exceptions to the prohibition of employment or work under Article 2 are permitted for the participation of children in activities such as artistic performances only under precise conditions, namely: (i) the employers' and workers' organizations concerned must be consulted beforehand; and (ii) the competent authority must issue an individual authorization setting out the conditions of employment and restricting the number of hours that may be worked. The Committee notes that the Government's arguments referred to above put in doubt the two conditions specified by the Convention, namely consultation and the individual nature of the authorization given.

The Committee requests the Government to indicate the manner in which employers' and workers' organizations have been consulted, not only with regard to the general provisions relating to the employment of children, as the Government stated in its previous report, but also with regard to the conditions for the granting of individual work and employment authorizations by the competent authorities, in derogation of Article 2 of the Convention.

The Committee also requests the Government to indicate measures that have been taken or are envisaged to ensure that the exceptions to the prohibition of employment or work by persons below the minimum age can be granted only in individual cases, in accordance with Article 8, paragraph 1.

Undeclared work. The Committee takes note of Act No. 97-210 of 11 March 1997 respecting more effective measures against illegal employment. The Committee requests the Government to provide information on the application of this Act in practice with regard to the employment of children.