Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

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

Article 3(3) of the Convention. Authorisation of employment in hazardous work as of the age of 16 years. The Committee notes ministerial directive No. DGT/CT1/DGEFP/DPJJ/DGESCO/DGCS/DGERDAFSL/2016/273 of 7 September 2016 regarding the implementation of derogations to prohibitions of work for young persons aged at least 15 years and less than 18 years, appended to the Government’s report. The Committee notes that the ministerial directive specifies that: (1) to simplify the derogation of prohibitions for young persons aged less than 18 years to perform hazardous work, the regulations concerning the protection of young workers was significantly modified by Decrees Nos 2013-914 and 2013-915 of 11 October 2013; and (2) henceforth, young workers and workers undertaking vocational training may, as from the age of 15 years, by derogation and under the supervision of the labour inspection service, be assigned certain work, referred to as “regulated work”, under the conditions provided in section L.4153-9 of the Labour Code and defined in sections R.4153-38 to R.4153-52.

The Committee notes that section R.4153-40 of the Labour Code contains provisions relative to the safety, training and supervision criteria to be fulfilled to allow young persons to perform hazardous work. However, the Committee recalls that Article 3(3) of the Convention allows an exception to the prohibition of hazardous work for young persons solely as from the age of 16 years on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Accordingly, the Committee requests the Government to indicate the measures taken or envisaged to ensure that only young persons from at least the age of 16 years are authorized to perform such work, in conformity with Article 3(3) of the Convention.