Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information supplied in the Government’s reports in reply to its previous observation.

Minimum age in the maritime sector.  The Committee notes section 114 of the Maritime Labour Code (modified by Act No. 97-1051 of 18 November 1997) which provides that seafarers under 18 years of age should not work on boilers, water tanks, holds or in compartments where high temperature can be harmful to their health, as well as section 115 which sets the minimum age for working on board ship at 16 years of age. The Committee notes that new section 8 of the Maritime Labour Code expands the provisions of the General Labour Code regarding the apprenticeship of young seafarers. It further notes that these provisions will be adapted by a decree of the Council of State to facilitate the recruitment of young seafarers. The Committee requests the Government to indicate whether this decree has already been adopted and, if so, to forward a copy of it with the next report.

The Committee notes the statistics provided concerning young seafarers employed on board ship. It asks the Government to continue to supply information on the practical application of the minimum age in the maritime sector.

Minimum age for domestic employees.  The Committee notes the Government’s indication in its report that the employment of children from 14 to 16 years of age as domestic workers is extremely rare. Such cases are considered as illegal employment and are dealt with as such. The Committee requests the Government to provide information concerning such cases as well as the measures taken to ensure compliance with the relevant provisions of the Convention.

Enterprises involving artistic performances and modelling agencies.  The Committee notes the information in the Government’s report concerning a special committee which considers applications for individual authorizations for participation in performances or issues approvals to agencies holding licences allowing them to engage children without individual authorization. It notes that this committee, the sessions of which are attended by the different administrations concerned, works in most of the departments where its functions, in particular the frequency of meetings, are practically determined in accordance with the importance and the frequency of the cultural appearances which needs to employ children. The Committee also notes the Government’s statement that this measure provided for by section L.211-7 of the Labour Code and rules which provide for the function of the committees guarantee the conditions of employment for the children in this field. However, it again 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 only when the competent authority grants an individual permit which prescribes the conditions in which employment or work is allowed. The Committee also recalls that ratification of a Convention entails the enactment of texts to give effect to the provisions of the instrument. In this regard, the Committee requests the Government to indicate the measures taken or contemplated to bring national texts into conformity with the aforementioned obligations under the Convention.