Vocational training

Minors of at least 16 years of age may become volunteer firefighters

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

The Fire Fighters' Union calls on the Prime Minister to repeal provisions of the Internal Security Code allowing minors aged 16 and over to sign up as Volunteer Fire Fighters (VPS). In the event of an implicit refusal, the trade union then asks the Conseil d’État to annul that decision.

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Image 1Crédits: © pst - adobe.stock.com

The Conseil d’État first recalls the applicable regulatory framework, noting that

the activity of SPV, which is based on volunteering, is not carried out in a professional capacity but under its own conditions

. This undertaking requires the written consent of their legal representative and requires

be subject to physical and medical fitness conditions corresponding to the duties actually entrusted to the VPS, preceded by a medical examination carried out by a firefighter's doctor

. It also includes

a probationary period for the acquisition of initial training

. Thus,

their professional engagement is done progressively as they acquire the skills essential to their safety

.

The Conseil d’État therefore infers that

the regulatory acts criticized cannot be regarded as undermining the constitutional requirement to protect the best interests of the child

.

Another argument of the union concerned the failure to comply with the Directive on the Protection of Young Persons at Work, according to which the employment of minors exposed to risks to their health, safety, morals or work exceeding their strength is prohibited.

The Council of State first acknowledges

that, having regard to their tasks, in particular fire-fighting and personal assistance, the SPVs are likely to carry out work exposing them to certain risks

. However, it rejects that argument on the ground

whereas such an apprenticeship is essential for the vocational training of those adolescents who have chosen to become SPVs

. Consequently, the Conseil d’État infers that

they shall be engaged under conditions designed to ensure their safety and the protection of their health

.

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