Summary / Citation: Workers under the age of 16 are not allowed to work.
(Labour Code, Art. 67)
Nevertheless an order from the Minister in charge of labour may provide some exceptions to this principle according to the article 126 from the Labour Code and only if the worker is more than 12 years old.
Children shall not be hired in an enterprise before the age of 16, except for light and healthy work or trainings only when this work is not harmful to their health or to their normal development, or detrimental to their attendance at school or their capacity to learn.
(Labour Code, Art. 126)
(Art. 5, Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants)
An order from the Minister of Labour after consultation with the National Labour Council shall lay down the nature of works and the type of business which are forbidden to children and young workers and the age-limits applicable.
The Labour inspector may ask a doctor to examine some children or young workers to ensure that their work does not exceed their physical capabilities. Young workers have the right to request such an examination as well.
The young worker shall not be maintained in a work recognized as a work which exceeds his/her physical capabilities and shall be transferred to another convenient work. If that is not possible, the labour contract shall be terminated, having the employer to pay an indemnity in lieu of notice, and where appropriate, severance pay.
(Labour Code, Art. 127 and 128)
Children under the age of 18 shall not be employed to work during the night in public or private establishments. According to the Ordinance, night work is performed between 7pm and 7am.
(Labour Code, Art. 119)
(Art. 9 and Art. 2, Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants)
The mandatory daily rest for children shall be at least 12 consecutive hours between shifts.
(Labour Code, Art. 120)
Exemption may be granted because of specific circumstances, and in particular these related to the job or the needs of trainings or professional education for young workers. These exemptions shall be provided by a ministerial order according to the article 127 of the Labour Code which concerns working conditions of young workers and children.
(Labour Code, Art. 121)
Restrictions / obligations: The ministerial ordinance n°630/1 lists all the maximum limits and all tasks forbidden for children under 18, including the immoral jobs.
• Code du Travail. (Art 67, Art. 126, Art. 127, Art. 128, Art. 119, Art. 120 and Art. 121 )
• Ordonnance ministérielle n°630/1 du 5 janvier 1981 - Règlementation du Travail des enfants (Art. 5, Art. 9, Art. 2)
Related CEACR Comments
• Minimum Age Convention, 1973 (No. 138) Observation 2021
• Minimum Age Convention, 1973 (No. 138) Direct Request 2021