Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Further to its previous comments, the Committee notes with satisfaction the information communicated by the Government in its report. It notes with interest the adoption of Decree No. 2003-812 of 26 August 2003, which defines the arrangements for work placements for pupils under 16 years of age in general education and for pupils following a sandwich system or vocational education. The Committee also notes the amendment to section L.212-13 of the Labour Code by the adoption of the Ordinance of 4 May 2004 amending the maximum daily hours of work for young people below the age of 18 from seven to eight hours, without changing the maximum weekly hours of work from 35 hours, in order to meet practical concerns noted in enterprises. It notes moreover that the eight-hour maximum length of working day also conforms to the requirements of European Council Directive 94/33/EC on the protection of young people at work.

Article 2, paragraph 3, of the Convention. Minimum age in the maritime sector. Further to its previous comments, the Committee notes with interest the detailed information communicated by the Government concerning the minimum age in the maritime sector. The decree provided for by section 117 of the Maritime Labour Code to adapt the provisions of the Labour Code on apprenticeships to the maritime sector, with regard to the application of Chapter II of the Maritime Labour Code concerning the "provisions applicable to seafarers under 18 years of age", is being prepared. The Committee also notes that Ordinance No. 2004-691 of 12 July 2004 "concerning various provisions for the adaptation of Community law in the field of transport" supplements certain provisions of Chapter II of the Maritime Labour Code. The Committee notes in particular that the conditions for the training of young people are enhanced, whatever their status aboard ship (Articles of Agreement or young trainees), and their hours of rest, in particular weekly hours of rest, are increased. The Committee notes with satisfaction that although the minimum age of young seafarers was already subject to regulation, the legislative and regulatory amendments in progress are bound to enhance the protection of young people employed in the maritime sector, in particular by stipulating their conditions of work and employment aboard ship.

Article 8, paragraphs 1 and 2. Enterprises involving artistic performances and modelling agencies. The Committee noted previously that the conditions and hours of work of child models working for agencies holding a licence, as defined by regulations, are protective. The Committee asked the Government to provide information concerning the practical application of these provisions. Further to its previous comments, the Committee notes with satisfaction the Government’s statement in its report that the inspection services observed no infringements with regard to the employment of child models for 2003. It also notes with interest that the Act of 2 January 2004 concerning arrangements and protection for children has stiffened the penalties incurred for contraventions of the rules governing the work of children in itinerant professions and the hours of work in modelling. In particular, penalties have been made more stringent for the unauthorized employment of a child in an enterprise involving artistic performances or in modelling, or for the concealed employment of a young person under the age of 16 years. In the event of a contravention, employers are liable to five years’ imprisonment and a 75,000 euro fine.