Children Mannequins
LexInter | June 18, 2015 | 0 Comments

Children Mannequins

LABOR CODE (Legislative Part)
Employment of children as models in advertising and fashion
Article L211-6
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 6 Official Journal of July 13, 1990 in force on January 1, 1991)

Children of either sex who have not passed the age of compulsory school attendance may not, without prior individual authorization, be, in any capacity whatsoever, engaged or produced, either in a entertainment business, sedentary or itinerant, either in a cinema, radio, television or sound recording business.
Prior individual authorization is also required for children engaged or produced by a natural or legal person with a view to exercising a modeling activity within the meaning of Article L. 763-1.
However, the authorization provided for in the previous paragraph is not required if the child is hired by a modeling agency that holds the license provided for in Article L. 763-3 and which has obtained an authorization allowing it to ‘hire children.

* Note – Labor Code L. 261-4: penal sanction. *

Article L211-7
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 3 Official Journal of July 13, 1990 in force on January 1, 1991)

Individual authorizations are granted by the prefect on the assent of a commission set up within the departmental child protection council, to which, in the circumstances, the departmental director of labor and employment is assistant.
The approval is granted to modeling agencies by the prefect for a period of one year renewable on the assent of the commission provided for in the first paragraph.
Authorizations and approvals can be withdrawn at any time by the prefect on the assent of the same commission, either ex officio or at the request of any qualified person. In an emergency, the approval may be suspended by the prefect for a limited period.

Article L211-7-1
(inserted by Law n ° 90-603 of July 12, 1990 art. 1, art. 4 Official Journal of July 13, 1990 in force on January 1, 1991)

During school periods, the employment of a school-going child exercising the activity of a model and the prior selection for this activity can only be authorized on weekly rest days other than Sunday.
The employment of an out-of-school child exercising the activity of a model and the prior selection for this activity can only be authorized two days a week, excluding Sunday.
The employment and selection of a child, whether or not attending school, may not exceed the maximum daily and weekly durations set under the conditions mentioned in article L. 211-9.

* Note – Labor Code L. 261-2: criminal sanction. *

Article L211-8
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 6 Official Journal of July 13, 1990 in force on January 1, 1991)

The commission fixes the part of the remuneration received by the child, the amount of which can be left at the disposal of his legal representatives. The surplus is allocated to building up a nest egg which is paid to the deposit and consignment fund and managed by this fund until the child reaches the age of majority. Deductions from this nest egg may be authorized in an emergency and exceptionally by the chairman of the committee provided for in article L. 211-7.
In the event of emancipation, the commission must rule again.

When, in application of the third paragraph of Article L. 211-6, the employment of a child is not subject to authorization, the rules for the distribution of the remuneration received by this child between his legal representatives and the allowance are fixed by the approval decision of the modeling agency employing the child. The chairman of the committee is however competent to authorize deductions from the nest egg under the conditions set out in the first paragraph.
The rules defined by this article also apply to the remuneration to which the child is entitled in the event of use of his image in application of article L. 763-2.

Article L211-9
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 7 Official Journal of July 13, 1990 in force on January 1, 1991)

The conditions of application of articles L. 211-6, L. 211-7, L. 211-7-1 and L. 211-8 are fixed by decree of the Council of State.

Article L211-10
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 8 Official Journal of July 13, 1990 in force on January 1, 1991)

It is forbidden for any person to publish about eighteen-year-old minors engaged or produced under the conditions defined in article L. 211-6 either through the press or in the book, or during a broadcast, either by any other means, any comments, information or information other than those concerning their artistic creation.

Any abusive advertising tending to attract minors to artistic professions whose lucrative nature it emphasizes is prohibited.

Written advertising aimed at offering children under the age of sixteen a modeling activity can only come from modeling agencies holding an authorization allowing them to hire children under the age of sixteen.

* Note – Labor Code L. 261-5: penal sanctions. *

Article L211-11
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1, art. 5 Official Journal of July 13, 1990 in force on January 1, 1991)

It is forbidden, under the penalties provided for in Title VI:
1. Anyone to have children under the age of sixteen perform perilous feats of strength or dislocation exercises, or to entrust them with jobs that are dangerous for their lives, their health or morals;
2. To any person other than the father and mother practicing the professions of acrobat acrobat, animal showman, circus or fairground director, to employ in his performances children under the age of sixteen;
3. To the father and mother exercising the professions designated below, to employ in their representations their children under the age of twelve;
4 ° Anyone using a child as a mannequin during a period of school holidays for a number of days greater than half of the duration of the holidays.

* Note – Labor Code L. 261-2: penal sanctions. *

Article L211-12
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1 Official Journal of July 13, 1990 in force on January 1, 1991)

The father, mother, guardians or bosses, and generally any person having authority over a child or having custody, who have delivered, either free of charge or at a cost of money, their children, wards or apprentices under the age of sixteen to persons exercising the professions specified above or who have placed them under the control of vagrants, people without confession or doing begging, are punished by the penalty provided for in Title VI.
The same penalty is applicable to intermediaries or agents who have delivered or had the said children delivered and to anyone who has determined children under the age of sixteen to leave the home of their parents or guardians to follow the persons of the aforementioned professions.

* Note – Labor Code L. 261-2: penal sanctions. *

Article L211-13
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1 Official Journal of July 13, 1990 in force on January 1, 1991)

Anyone exercising one of the professions specified in Article L. 211-11 must bear the extract of the birth certificates of the children placed under his supervision, and prove their origin and identity by producing a booklet. or passport.

* Note – Labor Code L. 261-6, R261-2: penal sanctions. *

Article L211-14
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)

(Law n ° 90-603 of July 12, 1990 art. 1 Official Journal of July 13, 1990 in force on January 1, 1991)

In the event of an infringement of the provisions of Articles L. 211-6 to L. 211-13, the municipal authorities are required to prohibit all representations to the persons designated in Article L. 211-11.
These authorities are also required to request proof, in accordance with article L. 211-13, of the origin and identity of all children placed under the control of the persons mentioned in said article. In the absence of this justification, immediate notice is given to the prosecution.

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