WORK OF MINORS
LexInter | October 26, 2017 | 0 Comments

WORK OF MINORS

Article L211-1

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 corrigendum JORF July 11, 1973)
 
(Decree n ° 74-808 of September 19, 1974 Official Journal of September 29, 1974)
 
(Ordinance n ° 2001-174 of February 22, 2001 art. 1 Official Journal of February 24, 2001)
   I. – Subject to the provisions of the second sentence of article L. 117-3, minors under the age of sixteen cannot be admitted or employed in the establishments and professions mentioned in the first paragraph of article L. 200 -1 only in the following cases:
1 ° Students in general education can make information visits organized by their teachers or, during the last two years of their compulsory education, follow observation sequences according to determined methods by decree ;
2 ° Pupils who follow alternating education or vocational education may complete, during the last two years of their compulsory education, initiation and application courses or periods of training in a professional environment according to modalities determined by decree.
In all the cases mentioned above, an agreement is made between the educational establishment to which the student belongs and the company. No agreement may be concluded with a company for the purpose of admitting or employing a pupil in an establishment where it has been established by the supervisory services that the working conditions are likely to endanger safety, health or the physical or moral integrity of the persons present there.
These provisions do not prevent these minors, when they are over fourteen years old, from doing work appropriate to their age during their school holidays, on condition that they are guaranteed effective rest for at least a period of time. equal to half of each period of leave. Employers are required to send a prior declaration to the labor inspector, who has eight days to object.
The modalities of application of the preceding paragraph, in particular the nature of the work, the duration of the period during which it can be done, the conditions under which the labor inspector can oppose it, as well as, as if necessary, the particular conditions under which social security coverage is ensured for the young people concerned by the said paragraph, are determined by decree.

II. – The provisions provided for in I above are not applicable in the establishments mentioned in the second paragraph of Article L. 200-1, provided that it is occasional or short-term work, which cannot be considered to be harmful, harmful or dangerous. A Council of State decree establishes the list of work considered to be harmful, prejudicial or dangerous.


Article L211-2

(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
   Labor inspectors can always request a medical examination of all children over the age of sixteen already admitted to the above-mentioned establishments, in order to ascertain whether the work for which they are responsible exceeds their means.
In this case, the labor inspectors have the right to demand their dismissal from the establishment on the assent of a doctor of the general medical inspectorate of labor and manpower or of a doctor. appointed by the medical inspector of work and manpower and, after contradictory examination, if the parents so request.

Article L211-3

(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
   In orphanages and charitable institutions mentioned in Article L. 200-1 and in which primary education is given, manual or vocational education, for children who are not regularly released from compulsory education cannot exceed three hours a day.

Article L211-4

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)
 
(Law n ° 99-1124 of December 28, 1999 art. 7 Official Journal of December 29, 1999)
   The provisions of Article L. 211-8 are applicable to remuneration of any kind received by children not over the age of compulsory school attendance for the exercise of an artistic or literary activity, other than those mentioned in Article L. 211-6, or a sporting activity.
The commission provided for in Article L. 211-7 rules on a request from the contractors, presented prior to any execution.The provisions of Article L. 211-10 are also applicable with regard to minors under the age of eighteen who exercise an activity mentioned in the first paragraph.

Article L211-5

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
 
(Decree n ° 75-493 of June 11, 1975 Official Journal of June 20, 1975)
 
(Law n ° 92-675 of July 17, 1992 art. 17 I Official Journal of July 19, 1992)
   It is forbidden to employ or receive minors in the drinking establishments to be consumed on the spot, except for the spouse of the seller and his parents and allies up to and including the fourth degree.
In licensed establishments, this prohibition does not apply to minors over sixteen years of age receiving training including one or more periods completed in a company allowing them to acquire a professional qualification. sanctioned by a diploma or an approved title under the conditions provided for in Article 8 of Law No. 71-577 of July 16, 1971 on orientation on technological education.
Approval is granted, refused, not renewed or withdrawn under conditions set by decree of the Council of State.

* Note: Law 92-675 of July 17, 1992 art. 17 III: Article L. 211-5 of the code does not apply to contracts in progress on the date of promulgation of this law. *

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