Solicitud directa (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

Convenio sobre la edad mínima, 1973 (núm. 138) - Francia (Ratificación : 1990)

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 agricultural 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 2. The Committee recalls that under section R.234-6 of the Labour Code, children under 16 years of age may be caused to carry loads of up to a prescribed weight between 8 and 20 kilograms, according to their age and sex. It requests the Government to indicate whether the employers' and workers' organizations were consulted in determining these limits in accordance with Article 3, paragraph 2 of the Convention.

Article 8, paragraph 1. The Committee notes that authorizations 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 section 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 given effect to this provision of the Convention.

Point V of the report form. 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.