Article L4733-1 of the French Labour Code
November 6, 2023
Young workers under the age of eighteen covered by this section are those referred to in Articles L. 4153-8 and L. 4153-9.
Young workers under the age of eighteen covered by this section are those referred to in Articles L. 4153-8 and L. 4153-9.
Any young worker under the age of eighteen assigned to one or more of the prohibited tasks provided for in Article L. 4153-8 shall be immediately withdrawn from this assignment when the labour inspection officer referred to in Article L. 8112-1 so finds.
When the labour inspector referred to in article L. 8112-1 observes that, as a result of being assigned to one or more of the regulated jobs referred to in article L. 4153-9, a young worker under the age of eighteen is placed in a situation that exposes him or her to serious and imminent danger to life or health, he or she will immediately remove the young worker.
Withdrawal decisions taken in application of articles L. 4733-2 and L. 4733-3 may not result in any financial prejudice to the young person concerned or in the suspension or termination of the employment contract or work experience agreement.
When all measures have been taken to put an end to the situation of serious and imminent danger which gave rise to the withdrawal decision provided for in article L. 4733-3, the employer or the head of the establishment shall inform the Labour Inspection supervisory officer. After verification, the Labour Inspectorate monitoring officer authorises the regulated work concerned to be resumed.
The decisions provided for in articles L. 4733-2 to L. 4733-5 may be challenged before the administrative judge by way of summary proceedings.
The young people concerned by this section are the workers mentioned in Article L. 4111-5 aged under eighteen.
If the Labour Inspectorate monitoring officer finds that there is a serious risk of harm to the health, safety or physical or moral integrity of the young person in the company, he or she may propose to the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment that the employment contract or work placement agreement be suspended. This suspension is accompanied by the employer maintaining the remuneration or bonus…
Within fifteen days of the Labour Inspectorate inspecting officer’s finding, the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment will decide whether to resume performance of the employment contract or training agreement. Refusal to authorise the resumption of performance of the employment contract or training agreement will result in its termination on the date of notification of the refusal to the parties. In this case, the employer shall…
The refusal decision by the Regional Director of Business, Competition, Consumption, Labour and Employment may be accompanied by a prohibition on the employer recruiting or taking on new young people under the age of eighteen, whether workers or trainees, for a period to be determined by the Director.
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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