Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Social Cohesion and Housing,
Given the Labour Code, including article L. 213-7;
Given the code Rural, in particular Article L. 715-1;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
In the light of the opinion of the National Council of Vocational Training throughout Life As of September 28, 2005;
Given the opinion of the National Farm Education Council as of December 1, 2005;
The Conseil d' Etat (social section) heard,
Describes:
In Chapter III of Title I of Book II of the Labour Code, a section 5 reads as follows:
"Section 5
" Job Of young
workers and apprentices less than 18 years of age
" Art. R. 213-9. -The sectors in which the specific characteristics of the activity justify in application of Article L. 213-7 that a derogation from the prohibition of night work by young workers and apprentices less than Eighteen years are:
" 1 ° Bakery;
" 2 ° Pastry;
" 3 ° Restore;
" 4 ° Hotel;
" 5 ° shows;
" 6 ° Horse racing, for all activities related to the riding and the Leads to race.
" In the bakery or pastry sector, night work may be authorized before six hours and at the earliest from four hours to allow young workers and apprentices less than eighteen To participate in a complete cycle of bread or pastry making. Only establishments where all phases of the manufacture of bread or pastries are not insured between six hours and twenty-two hours can benefit from this derogation.
" In the areas of horse racing and entertainment, the Night work can only be authorized from twenty-two hours to twenty-four hours. In the area of horse racing, this exemption can be used only twice a week and thirty nights per year at most.
" In the hotel and catering sectors, night work can only be authorized from Twenty-two hours to twenty-three hours thirty.
" Art. R. 213-10. -The derogation provided for in Article L. 213-7 shall be granted by the labour inspector for a maximum period of one year, renewable. The latter shall appreciate whether the night work of these young workers or apprentices takes account of the particular characteristics of the activity referred to in Article R. 213-9. Failing reply within one month of the filing of the application, the authorization shall be deemed to be granted.
" The night work of apprentices under 18 years of age under the conditions referred to in the preceding paragraphs shall not be Performed under the effective responsibility of the learning master. "
The Minister of Employment, Social Cohesion and Housing, the Minister of Agriculture and Fisheries and the Minister responsible for employment, work and integration of young people are responsible, Each in respect of the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, January 13, 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Employment,
de la Cohesion sociale et du logement,
Jean-Louis Borloo
The Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister delegated to employment, to work
and to professional integration Youth,
Gérard Larcher
