Under Article L. 4153-8 of the French Labor Code, workers aged 15 to 18 may not be employed in certain categories of work that expose them to risks to their health, safety, or morals, or that exceed their physical capabilities. This includes, in particular, work at height involving trees and work requiring exposure to very high temperatures.
However, young people in training may be granted exemptions for the least dangerous prohibited work. Decree No. 2015-443 of April 17, 2015, concerning the exemption procedure provided for in Article L. 4153-9 of the Labor Code for young people under 18, modifies this exemption system. It is no longer necessary to obtain authorization from the labor inspector. The employer or head of the establishment only needs to submit a declaration. The exemption is valid for three years from the date the declaration is sent and must be renewed if necessary at the end of these three years (Article R.4153-44 of the French Labor Code). Therefore, a method of sending the declaration that provides proof of this date should be used.
The declaration must contain the following information (Article R. 4153-41 of the French Labor Code):
- The sector of activity of the company or establishment;
- The professional training courses provided;
- The various known training locations;
- The prohibited work that may be subject to exemption necessary for vocational training and which is covered by the exemption declaration, as well as, where applicable, the machines whose use by young people is required to carry out this work and, in the event 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 any changes to the first two or fourth elements mentioned above, these must be updated and communicated to the labor inspector by any means providing proof of the date of notification within eight days of the changes occurring (Art. R.4153-42 of the French Labor Code). Any changes to the other information mentioned in the declaration must be made available to the labor inspector.
Finally, the employer or head of the establishment who declares a derogation must make available to the labor inspector, from the date each young person is assigned to the work in question, the relevant information (Art. R.4153-45 of the French Labor Code):
- The first name, last name and date of birth of the young person;
- To the vocational training undertaken, its duration and the known training locations;
- A medical opinion confirming fitness to perform this work;
- To the information and safety training provided for in Articles L. 4141-1 to L. 4141-3, given to the young person;
- To the first name(s), surname, and quality or function of the person or persons competent to supervise the young person during the execution of the work in question.
