Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Convention (n° 138) sur l'âge minimum, 1973 - France (Ratification: 1990)

The Committee notes the comments made by the French Democratic Confederation of Labour (CFDT) on the application of the Convention and on the Government's reply to the Committee's previous comments. It notes that the Government has not commented on these observations.

The CFDT considers that, although the labour regulations respecting young workers are protective in global terms, certain occupations and activities are not covered by the general regulations or offer possibilities for derogations that are too broad:

- domestic employees are covered by Book VII of the Labour Code, which does not contain any provisions respecting minimum age, and are excluded from the provisions of Book I respecting minimum age;

- the children of farmers can work from 12 years of age under the surveillance of their parents;

- in the case of enterprises engaging in artistic performances and modelling agencies, the delivery of individual authorizations for participation in a performance, or of approvals to modelling agencies holding a licence allowing them to engage children without individual authorizations, are dependent on the affirmative opinion of the departmental councils for the protection of children. These councils are not very active, except in the Parisian region. Furthermore, these Councils, which are composed of officials and magistrates, do not permit the consultation of organizations of employers and workers, as provided for by the Convention. The Committee recalls that these points were raised in its previous direct request, to which the Government has not replied.

The CFDT also states that the deterioration of the employment situation of adults has been accompanied by a significant increase in work by young children in undeclared activities: the distribution of publicity as a family activity, street hawking (lilies of the valley, daffodils), "service" activities (cleaning windscreens), etc.

The Committee requests the Government to supply full information on the observations made by the CFDT and on the matters raised in the request that is being addressed directly to the Government.

Minimum age in the maritime sector

The Committee notes the information supplied by the Government on the application of the Convention in the maritime sector. It notes in particular the Government's intention of revising, among other provisions, section 115 of the Maritime Labour Code, which establishes a minimum age of 15 years, in order to raise the minimum age for work on board ship to 16 years.

Recalling that the minimum age of 16 years was specified at the time of the ratification of the Convention, under the terms of Article 2, paragraph 1, of the Convention, the Committee requests the Government to indicate the measures which have been taken to bring its legislation into conformity with the obligations deriving from the Convention on this point.

[The Government is asked to provide a detailed report in 1997.]