10 Protection of young people at work
| (25406)
6481/04
COM(04)105
| Commission Report on the application of Directive 94/33/EC on the protection of young people at work
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| Legal base | — |
| Document originated | 16 February 2004
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| Deposited in Parliament | 26 February 2004
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| Department | Trade and Industry
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| Basis of consideration | EM of 10 March 2004
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 In 1994, the Council adopted a Directive to protect people
aged under 18 ("young people") against economic exploitation
and against work likely to harm their health, safety, development
and education.[14] Member
States were required to transpose the Directive into national
law by June 1996. Article 17(4) requires Member States to report
to the Commission every five years on their implementation of
the Directive and Article 17(5) requires the Commission to report
"periodically" on implementation. Member States' first
reports were made in 2001 and the Commission's report is based
on them.
10.2 The Directive prohibits the employment of children
aged under 15, or who are under the age for compulsory full-time
education, except for the purposes of light work and performance
in cultural, artistic, sports and advertising activities. Employers
are required to take the action necessary to ensure the health
and safety of young people and for this purpose must conduct risk
assessments. Member States must prohibit the employment of young
people for work which is beyond their capacity, or which would
expose them to harmful substances or to extremes of heat, cold,
noise or vibration, unless such work is indispensable for their
vocational training. The working hours of children aged less than
15, or who are under the age for compulsory full-time education,
are limited to two hours a day and 12 hours a week during term-time
(seven hours a day and 35 hours a week outside term-time). Young
people aged 15, 16 or 17 may not work more than eight hours a
day and 40 hours a week. Night work for young people is prohibited.
The Directive also specifies minimum rest periods.
The document
10.3 The Commission's report contains an eight page
commentary on the implementation of the Directive by 2001 and
the conclusions the Commission has drawn. The detailed reports
of the Member States are set out in full in the annexes.
10.4 The Commission reports that, in most Member
States, national legislation to protect young people at work pre-dated
the Directive and that transposition of the Directive "seems
to have been conducted without major difficulties".
10.5 It appears from Member States' own reports that
the proportion of young people in employment varied widely in
2001. For example, 71% of all 13-17 year-olds in Denmark performed
"light work", whereas young people represented less
than 1% of the workforce in Greece. Germany and Italy reported
that employers preferred to employ people of over 18 because they
could work normal hours. In Sweden, the number of people of 16
and 17 in employment rose by 12% between 1996 and 1999. In the
same period, the number of accidents involving young workers in
Sweden increased by 30%.
10.6 The Commission concludes that most Member States
found the situation satisfactory and saw no need for further EU
action. The Commission, too, sees no immediate need to revise
the Directive. But it thinks an exchange of best practice might
be useful and will discuss this with the Group of Directors for
Industrial Relations.
The Government's view
10.7 The Parliamentary Under-Secretary of State for
Employment Relations, Competition and Consumers at the Department
of Trade and Industry (Mr Gerry Sutcliffe) tells us the implementation
of the Directive in the UK raised the profile of child employment
and of the risk assessment process as it applies to young workers.
The Government is not aware "of any negative aspects of implementation".
10.8 The Minister adds that:
"The report notes that child employment legislation
in Northern Ireland is not yet fully compliant with the Directive,
insofar as children below the age of 15 are allowed to work for
17 hours per week in term time and those aged 15 may work up to
19 hours per week. There is no evidence to suggest that children
actually work for more than the Directive limit of 12 hours per
week and the Department of Health, Social Services and Public
Safety will consult shortly on introducing amending legislation
to achieve compliance with the Directive".
Conclusion
10.9 We have no questions we need put to the Minister
and we are satisfied that the document should be cleared from
scrutiny. But we draw the Commission's report to the attention
of the House because of the importance of the subject.
14 OJ No. L 216, 20.8.94, p.12. Back
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