Youth aged 15 to less than 18 years in company: prohibited and regulated work
Verified 22 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Young people aged 15 to less than 18 years may not be assigned to certain so-called tasks prohibited because of their dangerous character. In some cases, young workers and young people are vocational training may, by derogation, be assigned to some of these tasks, referred to as regulated. What are the prohibited works ? What are the regulated works ? We're doing an update on the regulations.
Some of the work is strictly prohibited young people aged 15 to less than 18 and others are prohibited, but may be subject to derogations. It's the regulated works.
Prohibited works
Employment bans vary according to the nature of the activity concerned.
Work affecting physical or moral integrity
Work that may expose the employee to acts or representations of a pornographic or violent nature.
Work involving exposure to hazardous chemical agents
Work exposing the employee to asbestos dust under the following conditions:
- Dust from level 2, of a value exceeding 100 fibers but less than 6000 fibers per liter of air
- Dust from level 3, with a value of 6 000 fibers or more and less than 25 000 fibers per liter of air
Work involving exposure to biological agents
Work that may expose the employee to certain biological agents (for example, a parasite, bacteria, virus) that may represent a serious danger to health and cause serious diseases.
Examples include hospitals, medical analysis laboratories, agricultural and agri-food sectors.
Work involving exposure to mechanical vibration
Work that can expose the employee to a vibration level greater than or equal to:
- 2.5 meters/second² per day for vibrations transmitted to hands and arms,
- 0.5 meters/second² per day for vibrations transmitted to the whole body.
For example, the use of jackhammers or construction machinery.
Work involving exposure to electromagnetic fields
Work involving exposure of the employee to electromagnetic fields where the risk assessment indicates the possibility of exceeding the exposure limit values
Work involving an electrical hazard
- Jobs leading to access unsupervised to a room, site or construction site with a risk of contact with live bare parts
- Work involving an operation under electrical voltage
Please note
This prohibition does not concern electrical hazards at very low safety voltage.
Work involving risks of collapse and burial
Works of demolition, of trenches, including risk of collapse and burial (shielding, excavation, roadworks, shoring)
Driving of self-propelled mobile work equipment
Work involving the conduct of motor quadricycles and agricultural or forestry tractors when these vehicles are not fitted with the following 2 items of equipment:
- Device for driver protection in case of overturning
- Control system driver restraint at the driving position in the event of overturning
Work at height in trees
Work at height in trees (e.g. pruning).
Work exposed to extreme temperatures
Work that can expose the employee to a extreme temperature (positive or negative) that can affect your health.
Work in contact with animals
- Works slaughter, euthanasia and rendering of animals.
- Work involving contact with dangerous or poisonous animals.
Beverage outlets to be consumed on site
Employment or placement on probation at the bar service.
Warning
That prohibition of employment shall not apply to a young person who is in one of the following situations:
- Young being the husband, the partner bound by a Civil partnerships: titleContent or the person living in a relationship with the operator, or a parent or ally until 4e degree inclusive of the operator
- Young person over 16 years of age employed in an authorized drinking establishment possessing a license, and benefiting from training comprising one or more periods completed in company enabling them to acquire a professional qualification
No, no, no. The employer cannot ask for a derogation in order to be able to assign a young worker to work that is strictly prohibited.
Yes. Labor inspection may decide to withdraw from his work station the young worker if he is assigned to one or more strictly prohibited works.
Withdrawal is immediate. The decision of the labor inspectorate must be written.
It shall be handed over to the employer by hand counter-discharge or by any means (e.g. RAR: titleContent) within the maximum period of 1 free day.
A copy of the decision shall also be sent without delay to the young person, to his legal representative and, if necessary, to the head of establishment (director of the CFA: titleContent or the training organization).
The contract is suspended. The employer must to maintain pay of the employee throughout the period during which he is absent from his post.
The employer has no right to terminate the employee's employment contract.
The employer who does not comply with the employment ban shall be liable to the fine next:
- For a natural person, until €1,500 (up to €3,000 in case of recurrence)
- For a legal person, until €7,500 (up to €15,000 in case of recurrence)
Regulated works
Certain types of work prohibited to young workers aged 15 to less than 18 may be subject to derogations. The work is said regulated works.
‘Regulated’ work covers 2 categories of young workers:
- Those in vocational training for which the employer sends a declaration of temporary derogation labor inspection
- Those enjoying permanent derogation (without labor inspection intervention) because they certain special conditions (diploma, professional qualification, electrical clearance, driving license, medical fitness)
The nature of the regulated work varies according to the situation of the young person.
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Young person in vocational training benefiting from a temporary derogation
A young person aged 15 to less than 18 years in vocational training may carry out the following regulated work:
Dangerous chemical agents
- Work involving the preparation, employment, the manipulation or the exhibition to hazardous chemical agents
- Asbestos dust-exposed work with dust from level 1, the value of which is less than 100 fibers per liter of air
Radiation
- Works exhibiting category B ionizing radiation, for young people dat least 16 years
- Works exhibiting dangerous artificial optical radiation
Hyperbaric medium
Interventions in middle hyperbaric with a relative pressure greater than 1 200 hectopascals (1.2 bar)
Driving of special equipment
Driving of work equipment self-propelled mobiles and work equipment used for the lifting of load.
Use or maintenance of hazardous machinery
- Work involving use or maintenance of some dangerous machinery (e.g. sawing or planing machines, presses, rubber molding machines), whatever their date of entry into service
- Work involving use or maintenance of machinery having movable elements which are involved in the execution of the work and which cannot be made inaccessible during their operation
- Maintenance work on work equipment, when they cannot be carried out when stationary, and when there is a risk of the transmissions, mechanisms or work equipment in question being restarted unexpectedly.
Temporary work at height
- Temporary work at height without collective protection measures against the risk of falling, but requiring the use of personal protective equipment
- Mounting and dismantling scaffolding
Please note
This prohibition shall not apply to the use of ladders, stools and step boards where it is technically impossible to install collective protection.
It must be short-term work and non-repetitive, with a low risk of falling.
Pressure apparatus
Work involving manipulation, of surveillance, of control and intervention pressure equipment (e.g. compressor)
Confined labor
- Visit, maintenance and cleaning of the interior of the vats, tanks, basins and tanks
- Work involving work in confined environment (wells, gas lines, sewers, etc.)
Work in contact with molten glass or metal
Works of glass casting or molten metals with permanent access to the premises used for this work.
Young worker with permanent individual derogation
Young workers may in certain cases benefit from permanent individual derogations allowing them to be assigned to regulated work:
Possession of the diploma or professional title corresponding to the activity pursued
A young man holding the diploma or professional title corresponding to the activity he pursues, may, if he has a medical opinion suitability, to perform the regulated work of his profession.
Work involving a risk of electrical origin
The young man with electrical work clearance may perform operations on or work near electrical installations. He must respect the limits provided for in the authorization.
Driving of construction machinery or load lifting apparatus
The operation of construction machinery or load-lifting equipment is possible for young people who comply with the following conditions:
- Accomplishing a specific training driving and use of equipment
- Possession of a driving license suitable
Manual Load Handling
The young person may carry out manual handling of loads exceeding 20% of its own weight if he has a favorable medical opinion.
Yes. The employer must send a declaration of derogation by any means to the labor inspectorate before the assignment of the young person on the item concerned.
Please note
This obligation does not apply to an employer who wishes to assign a young worker with a permanent individual derogation.
Employees covered by the derogation
The derogation may concern a young person in one of the following situations:
- In apprenticeship contract
- In professionalisation contract
- In establishment or work assistance service (Esat)
Form and content of the declaration of derogation sent to the labor inspectorate
No formalism is imposed, but it is advised the employer to send the request by mail RAR: titleContent or email.
She's valid for 3 years and maybe renewed every 3 years.
The declaration shall contain the following information:
- Sector of activity of the company or establishment
- Vocational training provided
- Known places of training (company or company establishments, construction sites, etc.)
- Prohibited work necessary for vocational training, for which a derogation may be requested, and for which the declaration of derogation relates.
- Machinery used for such work and presenting a particular health hazard (e.g. sawing machines)
- Work involved and work equipment used when carrying out maintenance work
A template for reporting is available:
A leaflet for completing this document is also available:
Conditions to be met by the employer before the young person is assigned to the work station
Assignment of the young person to the work station will be possible if the employer complies with the following conditions :
- To have carried outrisk assessment for the health and safety of employees
- Have, after the evaluation, implemented the preventive actions and adapted working methods
- Have informed the young person about the risks professionals for his health and safety, and to have him provided security training
- Have the young person supervised by a competent person
- To have obtained the issue of a medical opinion of suitability
Yes. Labor inspection may decide to withdraw from his work station the young worker concerned by the following 2 situations:
- Assignment to one or more regulated works
- Existence of a situation exposing the employee to serious and imminent danger to life or health.
Withdrawal is immediate. The decision of the labor inspectorate must be written. It shall be handed over to the employer by hand counter-discharge or by any means (e.g. RAR: titleContent) within the maximum period of 1 free day.
A copy of the decision shall also be sent without delay to the young person, his legal representative and, where appropriate, to the head of establishment (director of the CFA: titleContent or the training organization).
The employer must to maintain pay of the employee throughout the period during which he is absent from his post.
Where the employer or the head of establishment has taken all measures to put an end to the situation of serious and imminent danger, there shall be loose labor inspection.
The labor inspectorate may authorize or a refuse resumption of work within the period of 2 working days.
An employer who employs a young person and does not comply with the rules on regulated work shall be liable to the fine next:
- For a natural person, until €1,500 (up to €3,000 in case of recurrence)
- For a legal person, until €7,500 (up to €15,000 in case of recurrence)
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Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
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