Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information contained in the Government's first report. It would be grateful if the Government would supply further information on the following points:

Article 2, paragraph 3, of the Convention. The Committee notes that under section L.200-1, in conjunction with section L.772-2 of the Labour Code, the prohibition to employ children who have not completed their compulsory education does not include domestic workers.

Furthermore, under section L.211-1 of the Labour Code, in conjunction with the provisions of section L.200-1, and section 2 of the Order of 3 December 1970 respecting the age of admission to agricultural work, the prohibition upon the employment of children who have not duly completed compulsory education does not apply to family enterprises, including agricutural enterprises. The Committee understands that the Government has not excluded from the scope of the Convention the above categories of employment or work under the conditions set out in Article 4 of the Convention.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that the national legislation is in conformity with the Convention on this point.

Article 3, paragraph 3. The Committee notes that under section R.234-6 of the Labour Code, children under 16 years of age may be caused to carry, drag or push loads between eight and 20 kilograms, according to their age and sex. It recalls that in accordance with Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years in types of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health of young persons, on condition that the health of the young persons concerned is fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that children of under 16 years of age are not caused to carry out work, such as that covered by section 234-6 of the Labour Code, which is likely to jeopardize their health. It also requests the Government to indicate the measures which have been taken or are envisaged to ensure that the health of young persons of 16 to 18 years of age who perform such work is fully protected and that they receive or have received adequate specific instruction or vocational training.

Article 8, paragraph 1. The Committee notes that permits in individual cases to employ a child of under 16 years of age in artistic performances are granted by the Prefect on the advice of a committee established under the Departmental Council for the Protection of Children, the composition of which is established in sections R.211-3 and R.211-4 of the Labour Code. The departmental committee is composed of officials and magistrates.

The Committee requests the Government to indicate the manner in which the prior consultation of the organizations of employers and workers concerned is ensured, as required by this Article of the Convention.

Article 8, paragraphs 1 and 2. The Committee notes that, under section L.211-6(3) of the Labour Code, permits in individual cases are not required for the employment of a child by a model agency which holds the licence established under section L.763-3 of the Labour Code and which has obtained from the Prefect approval for the employment of children following the advice of the committee established under the Departmental Council for the Protection of Children (section L.211-7).

The Committee recalls that the Convention provides for authorization to participate in such activities only in individual cases in order to be able, among other matters, to limit the working hours and the length of employment, as well as to prescribe specific conditions in the interest of each child. It requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Point IV of the report form. Please supply information on decisions by judicial bodies which may be related to the application of the Convention.

Point V. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied, particularly in agriculture and in family enterprises.

Point VI. Please indicate whether the reports have been forwarded to the French National Employers' Council (CNPF).