Under the terms of article L. 4153-8 of the Labor Code, workers aged at least 15 under the age of 18 cannot be employed to carry out certain categories of work exposing them to risks for their health, their safety , their morality or exceeding their strength.
This particularly concerns work at height involving trees, work requiring exposure to very high temperatures. Young people in training can, however, benefit from an exemption for the least dangerous prohibited work.
Decree No. 2015-443 of April 17, 2015 relating to the derogation procedure provided for in Article L. 4153-9 of the Labor Code for young people under the age of eighteen modifies this derogation regime. From now on, it is no longer necessary to obtain an authorization from the labor inspector. The employer or the head of the establishment only has to send him a declaration. The derogation is valid for a period of three years from the date of dispatch of the declaration and must be renewed if necessary at the end of these three years (R.4153-44 of the Labor Code). It is therefore advisable to use a method of sending to justify this date. The declaration must contain the following elements (Art. R. 4153-41 of the Labor Code):
- The sector of activity of the company or establishment;
- Professional training provided;
- The different known places of training;
- Prohibited work liable to derogation necessary for vocational training and to which the declaration of derogation relates, as well as, where applicable, the machines the use of which by young people is required to carry out this work and, in the event of the performance of maintenance work, the work in question and the work equipment;
- The quality or function of the competent person(s) responsible for supervising the young people during the execution of the aforementioned work.
In the event of modification, of the first two elements or of the fourth mentioned above, these are updated and communicated to the labor inspector by any means conferring a certain date within eight days of the changes having occurred (Art. R.4153-42 of the Labor Code).
In case of modification of the other information mentioned in the declaration, these must be kept at the disposal of the labor inspector. Finally, the employer or the head of the establishment who declares an exception makes available to the labor inspector, from the time each young person is assigned to the work in question, the information relating to (Art. R.4153-45 of the Labor Code) :
- The first names, surname and date of birth of the young person;
- The professional training followed, its duration and the known places of training;
- A medical opinion of fitness to carry out this work;
- To the information and safety training provided for in Articles L. 4141-1 to L. 4141-3, provided to the young person;
- The first names, surname, and quality or function of the competent person or persons responsible for supervising the young person during the execution of the work in question.
