Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided by the Government in its reports in reply to its previous observation. It notes with interest the adoption of Ordinance No. 2001-174 of 22 February 2001 transposing into national law European Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, as well as the adoption of Decree No. 2002-789 of 3 May 2002, reducing the hours of work of young persons of under 16 years of age carrying out light work during school holidays. The Committee requests the Government to provide information on the following points.

Article 2, paragraph 3, of the Convention. Minimum age in the maritime sector. The Committee noted in previous comments that new section 8 of the Maritime Labour Code, amended by Act No. 97-1051 of 18 November 1997, extends the provisions of the Labour Code respecting the apprenticeship of young seafarers aboard ship, and that these provisions to be adopted by decree of the Council of State would facilitate the recruitment of young seafarers. It requested the Government to indicate whether the above decree had already been adopted and, if so, to provide a copy with its next report and to continue supplying information on the application in practice of the minimum age in the maritime sector. The Committee notes the information contained in the Government’s report according to which the above decree has not yet been adopted. It once again requests the Government to provide information on the application in practice of the minimum age in the maritime sector, and to supply a copy of the decree when it has been adopted by the Council of State.

Minimum age for domestic employees. In its previous comments, the Committee requested the Government to provide information on cases of children aged between 14 and 16 years illegally employed as domestic workers and on the measures taken to ensure the application of the relevant provisions of the Convention. In its report, the Government indicates that the national collective agreement of workers employed by private individuals of 24 November 1999, extended by the Order of 2 March 2000, contains a number of provisions in section 24 respecting young workers. It provides, among other measures, that young workers between 14 and 16 years of age may only be engaged for half of their school holidays, and only in light work. The Committee takes due note of this information.

Article 8, paragraphs 1 and 2. Enterprises involving artistic performances and modelling agencies. The Committee noted in its previous comments that, under the terms of section L.211-6 of the Labour Code, children under the age of 16 years may not be engaged, without prior individual authorization, to participate in activities such as artistic performances. Section L.211-6(2) of the Labour Code provides that an individual permit shall also be required for children engaged or offered by an individual or an association to work as a model. The Committee noted that the procedure for obtaining individual permits, set out in section L.211-7 of the Labour Code, is such as to guarantee the conditions of employment of young persons in this sector. However, the Committee noted that section L.211-6(3) of the Labour Code explicitly provides that the individual permit is not required where the child is engaged by a modelling agency holding the license envisaged in section L.763-3 of the Labour Code and which has obtained approval enabling it to engage children. In this respect, it requested the Government to indicate the measures adopted or envisaged to bring the national text into conformity with the obligations set out in Article 8 of the Convention. The Committee notes the information provided by the Government in its report of 2001 according to which the strict requirement of prior individual authorization is tantamount to abolishing the specific system of child modelling agencies. The Government specifies in its report that in its view the system functions by guaranteeing the protection of children and that abolishing the system of child modelling agencies would result in a considerable overload of applications to the administration, without however improving the protection of those concerned. The Committee notes in effect that the conditions and hours of work of child models working for agencies which have obtained the license, as set out by regulations are, in practice, protective. In particular, section R.211-6-1 of the Labour Code specifies that the application for approval shall include a declaration in which the agency undertakes that the child will undergo a medical examination at the expense of the agency, and that such examination shall show whether, taking account the age and state of health of the child, the latter is capable of working as a model without jeopardizing her or his health or development. This examination shall be renewed at intervals which depend on the age of the child and, where the medical opinion is negative, the child may not be engaged. Furthermore, the Committee notes that, under the terms of sections R.211-12-1, R.211-12-2 and R.211-12-3 of the Labour Code, the employment of a child working as a model and prior selection with a view to such an activity are only authorized for a limited period of time, depending on the age of the child. Moreover, where the child is in school, employment is only authorized on rest days and half days other than Sunday; and that, during school holidays, work by the child is only permitted for half of the holidays and in accordance with a maximum number of daily and weekly working hours. The Committee also notes that section L.213-7 of the Labour Code prohibits any derogation from the prohibition of night work for young persons under 16 years of age, except for those referred to in the first subsection of section L.211-6 of the Labour Code, that is children under 16 years of age, who may not be engaged by an enterprise involved in performances, cinema, etc., without an individual permit. Finally, the Committee notes that section R.211-13 of the Labour Code provides that an agency that has obtained approval shall issue to the child whom it is seeking to engage or to the latter’s legal representatives, as confirmed by a receipt, an explanatory note indicating the requirements, among others, for the medical supervision of the child, the duration of travel and waiting periods, maximum hours of employment and remuneration conditions. The Committee therefore requests the Government to provide information on the application of these provisions in practice, including statistics on the employment of children and young persons in modelling agencies, the number of such agencies and the duration of the approvals, extracts from the reports of the inspection services and information on the number and nature of the contraventions reported.