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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
COUNCIL DIRECTIVE 94/33/EC
of 22 June 1994
on the protection of young people at work
THE COUNCIL OF THE Council in Strasbourg on 9 December
EUROPEAN UNION, 1989, state that:
Having regard to the Treaty '20. Without prejudice to such
establishing the European Community, rules as may be more
and in particular Article 118a thereof, favourable to young people, in
particular those ensuring their
Having regard to the proposal from the preparation for work through
Commission (1), vocational training, and subject
to derogations limited to certain
Having regard to the opinion of the light work, the minimum
Economic and Social Committee (2), employment age must not be
lower than the minimum
Acting in accordance with the school-leaving age and, in any
procedure referred to in Article 189c of case, not lower than 15 years;
the Treaty (3),
22. Appropriate measures must
Whereas Article 118a of the Treaty be taken to adjust labour
provides that the Council shall adopt, regulations applicable to young
by means of directives, minimum workers so that their specific
requirements to encourage development and vocational
improvements, especially in the training and access to
working environment, as regards the employment needs are met.
health and safety of workers;
The duration of work must, in
Whereas, under that Article, such particular, be limited - without
directives must avoid imposing it being possible to circumvent
administrative, financial and legal this limitation through recourse
constraints in a way which would hold to overtime - and night work
back the creation and development of prohibited in the case of
small and medium-sized undertakings; workers of under eighteen years
of age, save in the case of
Whereas points 20 and 22 of the certain jobs laid down in
Community Charter of the national legislation or
Fundamental Social Rights of regulations.';
Workers, adopted by the European
Whereas account should be taken of
(1) OJ No C 84, 4.4.1992, p. 7. the principles of the International
(2) OJ No C 313, 30.11.1992, p. 70. Labour Organization regarding the
(3) Opinion of the European Parliament of 17
protection of young people at work,
December 1992 (OJ No C 21, 25.1.1993, p.
167). Council Common Position of 23 including those relating to the
November 1993 (not yet published in the minimum age for access to
Official Journal) and Decision of the European employment or work;
Parliament of 9 March 1994 (OJ No C 91,
28.3.1994, p. 89).
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
Whereas, in this Resolution on child Whereas every employer should
labour (4), the European Parliament guarantee young people working
summarized the various aspects of conditions appropriate to their age;
work by young people and stressed its
effects on their health, safety and Whereas employers should implement
physical and intellectual development, the measures necessary to protect the
and pointed to the need to adopt a safety and health of young people on
Directive harmonizing national the basis on an assessment of work-
legislation in the field; related hazards to the young;
Whereas Article 15 of Council Whereas Member States should protect
Directive 89/391/EEC of 12 June 1989 young people against any specific risks
on the introduction of measures to arising from their lack of experience,
encourage improvements in the safety absence of awareness of existing or
and health of workers at work (5) potential risks, or from their
provides that particularly sensitive risk immaturity;
groups must be protected against the
dangers which specifically affect them; Whereas Member States should
therefore prohibit the employment of
Whereas children and adolescents must young people for the work specified by
be considered specific risk groups, and this Directive;
measures must be taken with regard to
their safety and health; Whereas the adoption of specific
minimal requirements in respect of the
Whereas the vulnerability of children organization of working time is likely
calls for Member States to prohibit to improve working conditions for
their employment and ensure that the young people;
minimum working or employment age
is not lower than the minimum age at Whereas the maximum working time
which compulsory schooling as of young people should be strictly
imposed by national law ends or 15 limited and night work by young
years in any event; whereas people should be prohibited, with the
derogations from the prohibition on exception of certain jobs specified by
child labour may be admitted only in national legislation or rules;
special cases and under the conditions
stipulated in this Directive; whereas, Whereas Member States should take
under no circumstances, may such the appropriate measures to ensure that
derogations be detrimental to regular the working time of adolescents
school attendance or prevent children receiving school education does not
benefiting fully from their education; adversely affect their ability to benefit
from that education;
Whereas, in view of the nature of the
transition from childhood to adult life, Whereas time spent on training by
work by adolescents should be strictly young persons working under a
regulated and protected; theoretical and/or practical combined
work/training scheme or an in-plant
work-experience should be counted as
working time;
(4) OJ No C 190, 20.7.1987, p. 44.
(5) OJ No L 183, 29.6.1989, p. 1.
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
whereas that Member State should
Whereas, in order to ensure the safety therefore be allowed to refrain from
and health of young people, the latter implementing the relevant provisions
should be granted minimum daily, for a suitable period,
weekly and annual periods of rest and
adequate breaks; HAS ADOPTED THIS DIRECTIVE:
Whereas, with respect to the weekly SECTION I
rest period, due account should be
taken of the diversity of cultural, Article 1
ethnic, religious and other factors
prevailing in the Member States; Purpose
whereas in particular, it is ultimately
for each Member State to decide 1. Member States shall take the
whether Sunday should be included in necessary measures to prohibit work
the weekly rest period, and if so to by children.
what extent;
They shall ensure, under the conditions
Whereas appropriate work experience laid down by this Directive, that the
may contribute to the aim of preparing minimum working or employment age
young people for adult working and is not lower than the minimum age at
social life, provided it is ensured that which compulsory full-time schooling
any harm to their safety, health and as imposed by national law ends or 15
development is avoided; years in any event.
Whereas, although derogations from 2. Member States ensure that work by
the bans and limitations imposed by adolescents is strictly regulated and
this Directive would appear protected under the conditions laid
indispensable for certain activities or down in this Directive.
particular situations, applications
thereof must not prejudice the 3. Member States shall ensure in
principles underlying the established general that employers guarantee that
protection system; young people have working conditions
which suit their age.
Whereas this Directive constitutes a
tangible step towards developing the They shall ensure that young people
social dimension of the internal are protected against economic
market; exploitation and against any work
likely to harm their safety, health or
Whereas the application in practice of physical, mental, moral or social
the system of protection laid down by development or to jeopardize their
this Directive will require that Member education.
States implement a system of effective
and proportionate measures; Article 2
Whereas the implementation of some Scope
provisions of this Directive poses
particular problems for one Member 1. This Directive shall apply to any
State with regard to its system of person under 18 years of age having an
protection for young people at work; employment contract or an
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
employment relationship defined by (ii) is not such as to be harmful to
the law in force in a Member State their attendance at school, their
and/or governed by the law in force in participation in vocational
a Member State. guidance or training programmes
approved by the competent
2. Member States may make legislative authority or their capacity to
or regulatory provision for this benefit from the instruction
Directive not to apply, within the limits received;
and under the conditions which they
set by legislative or regulatory (e) 'working time' shall mean any
provision, to occasional work or short- period during which the young person
term work involving: is at work, at the employer's disposal
and carrying out his activity or duties
(a) domestic service in a privat in accordance with national legislation
household, or and/or practice;
(b) work regarded as not being (f) 'rest period' shall mean any period
harmful, damaging or dangerous to which is not working time.
young people in a family undertaking.
Article 4
Article 3
Prohibition of work by children
Definitons
1. Member States shall adopt the
For the purposes of this Directive: measures necessary to prohibit work
by children.
(a) 'young person' shall mean any
person under 18 years of age referred 2. Taking into account the objectives
to in Article 2 (1); set out in Article 1, Member States
may make legislative or regulatory
(b) 'child' shall mean any young person provision for the prohibition of work
of less than 15 years of age or who is by children not to apply to:
still subject to compulsory full-time
schooling under national law; (a) children pursuing the activities set
out in Article 5;
(c) 'adolescent' shall mean any young
person of at least 15 years of age but (b) children of at least 14 years of age
less than 18 years of age who is no working under a combined
longer subject to compulsory full-time work/training scheme or an in-plant
schooling under national law; work-experience scheme, provided that
such work is done in accordance with
(d) 'light work' shall mean all work the conditions laid down by the
which, on account of the inherent competent authority;
nature of the tasks which it involves
and the particular conditions under (c) children of at least 14 years of age
which they are performed: performing light work other than that
covered by Article 5; light work other
(i) is not likely to be harmful to the than that covered by Article 5 may,
safety, health or development of however, be performed by children of
children, and 13 years of age for a limited number of
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
hours per week in the case of of children for the purposes of
categories of work determined by performance in cultural, artistic, sports
national legislation. or advertising activities.
3. Member States that make use of the 4. The Member States which have a
opinion referred to in paragraph 2 (c) specific authorization system for
shall determine, subject to the modelling agencies with regard to the
provisions of this Directive, the activities of children may retain that
working conditions relating to the light system.
work in question.
Article 5 SECTION II
Cultural or similar activities Article 6
1. The employment of children for the General obligations on employers
purposes of performance in cultural,
artistic, sports or advertising activities 1. Without prejudice to Article 4 (1),
shall be subject to prior authorization the employer shall adopt the measures
to be given by the competent authority necessary to protect the safety and
in individual cases. health of young people, taking
particular account of the specific risks
2. Member States shall by legislative referred to in Article 7 (1).
or regulatory provision lay down the
working conditions for children in the 2. The employer shall implement the
cases referred to in paragraph 1 and the measures provided for in paragraph 1
details of the prior authorization on the basis of an assessment of the
procedure, on condition that the hazards to young people in connection
activities: with their work.
(i) are not likely to be harmful to The assessment must be made before
the safety, health or development young people begin work and when
of children, and there is any major change in working
conditions and must pay particular
(ii) are not such as to be harmful to attention to the following points:
their attendance at school, their
participation in vocational (a) the fitting-out and layout of the
guidance or training programmes workplace and the workstation;
approved by the competent
authority or their capacity to (b) the nature, degree and duration of
benefit from the instruction exposure to physical, biological and
received. chemical agents;
3. By way of derogation from the (c) the form, range and use of work
procedure laid down in paragraph 1, in equipment, in particular agents,
the case of children of at least 13 years machines, apparatus and devices, and
of age, Member States may authorize, the way in which they are handled;
by legislative or regulatory provision,
in accordance with conditions which (d) the arrangement of work processes
they shall determine, the employment and operations and the way in which
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
these are combined (organization of 2. Without prejudice to Article 4 (1),
work); Member States shall to this end
prohibit the employment of young
(e) the level of training and instruction people for:
given to young people.
(a) work which is objectively beyond
Where this assessment shows that there their phyiscal or psychological
is a risk to the safety, the physical or capacity;
mental health or development of young
people, an appropriate free assessment (b) work involving harmful exposure
and monitoring of their health shall be to agents which are toxic,
provided at regular intervals without carcinogenic, cause heritable genetic
prejudice to Directive 89/391/EEC. damage, or harm to the unborn child or
which in any other way chronically
The free health assessment and affect human health;
monitoring may form part of a national
health system. (c) work involving harmful exposure to
radiation;
3. The employer shall inform young
people of possible risks and of all (d) work involving the risk of
measures adopted concerning their accidents which it may be assumed
safety and health. cannot be recognized or avoided by
young persons owing to their
Furthermore, he shall inform the legal insufficient attention to safety or lack
representatives of children of possible of experience or training; or
risks and of all measures adopted
concerning children's safety and health. (e) work in which there is a risk to
health from extreme cold or heat, or
4. The employer shall involve the from noise or vibration.
protective and preventive services
referred to in Article 7 of Directive Work which is likely to entail specific
89/391/EEC in the planning, risks for young people within the
implementation and monitoring of the meaning of paragraph 1 includes:
safety and health conditions applicable
to young people. - work involving harmful exposure to
the physical, biological and chemical
Article 7 agents referred to in point I of the
Annex, and
Vulnerability of young people -
Prohibition of work - processes and work referred to in
point II of the Annex.
1. Member States shall ensure that
young people are protected from any 3. Member States may, by legislative
specific risks to their safety, health and or regulatory provision, authorize
development which are a consequence derogations from paragraph 2 in the
of their lack of experience, of absence case of adolescents where such
of awareness of existing or potential derogations are indispensable for their
risks or of the fact that young people vocational training, provided that
have not yet fully matured. protection of their safety and health is
ensured by the fact that the work is
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
performed under the supervision of a 2. Member States shall adopt the
competent person within the meaning measures necessary to limit the
of Article 7 of Directive 89/391/EEC working time of adolescents to eight
and provided that the protection hours a day and 40 hours a week.
afforded by that Directive is
guaranteed. 3. The time spent on training by a
young person working under a
theoretical and/or practical combined
SECTION III work/training scheme or an in-plant
work-experience scheme shall be
Article 8 counted as working time.
Working time 4. Where a young person is employed
by more than one employer, working
1. Member States which make use of days and working time shall be
the option in Article 4 (2) (b) or (c) cumulative.
shall adopt the measures necessary to
limit the working time of children to: 5. Member States may, by legislative
or regulatory provision, authorize
(a) eight hours a day and 40 hours a derogations from paragraph 1 (a) and
week for work performed under a paragraph 2 either by way of exception
combined work/training scheme or an or where there are objective grounds
in-plant work-experience scheme; for so doing.
(b) two hours on a school day and 12 Member States shall, by legislative or
hours a week for work performed in regulatory provision, determine the
term-time outside the hours fixed for conditions, limits and procedure for
school attendance, provided that this is implementing such derogations.
not prohibited by national legislation
and/or practice; Article 9
in no circumstances may the daily Night work
working time exceed seven hours; this
limit may be raised to eight hours in 1. (a) Member States which make use
the case of children who have reached of the option in Article 4 (2) (b) or (c)
the age of 15; shall adopt the measures necessary to
prohibit work by children between 8
(c) seven hours a day and 35 hours a p.m. and 6 a.m.
week for work performed during a
period of at least a week when school (b) Member States shall adopt the
is not operating; these limits may be measures necessary to prohibit work
raised to eight hours a day and 40 by adolescents either between 10 p.m.
hours a week in the case of chidren and 6 a.m. or between 11 p.m. and 7
who have reached the age of 15; a.m.
(d) seven hours a day and 35 hours a 2. (a) Member States may, by
week for light work performed by legislative or regulatory provision,
children no longer subject to authorize work by adolescents in
compulsory full-time schooling under specific areas of activity during the
national law. period in which night work is
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
prohibited as referred to in paragraph 1 shall adopt the measures necessary to
(b). ensure that, for each 24-hour period,
children are entitled to a minimum rest
In that event, Member States shall take period of 14 consecutive hours.
appropriate measures to ensure that the
adolescent is supervised by an adult (b) Member States shall adopt the
where such supervision is necessary measures necessary to ensure that, for
for the adolescent's protection. each 24-hour period, adolescents are
entitled to a minimum rest period of 12
(b) If point (a) is applied, work shall consecutive hours.
continue to be prohibited between
midnight and 4 a.m. 2. Member States shall adopt the
measures necessary to ensure that, for
However, Member States may, by each seven-day period:
legislative or regulatory provision,
authorize work by adolescents during - children in respect of whom they
the period in which night work is have made use of the option in Article
prohibited in the following cases, 4 (2) (b) or (c), and
where there are objective grounds for - adolescents are entitled to a minimum
so doing and provided that adolescents rest period of two days, which shall be
are allowed suitable compensatory rest consecutive if possible.
time and that the objectives set out in
Article 1 are not called into question: Where justified by technical or
organization reasons, the minimum rest
- work performed in the shipping or period may be reduced, but may in no
fisheries sectors; circumstances be less than 36
consecutive hours.
- work performed in the context of the
armed forces or the police; The minimum rest period referred to in
the first and second subparagraphs
- work performed in hospitals or shall in principle include Sunday.
similar establishments;
3. Member States may, by legislative
- cultural, artistic, sports or advertising or regulatory provision, provide for the
activities. minimum rest periods referred to in
pargraphs 1 and 2 to be interrupted in
3. Prior to any assignment to night the case of activities involving periods
work and at regular intervals thereafter, of work that are split up over the day
adolescents shall be entitled to a free or are of short duration.
assessment of their health and
capacities, unless the work they do 4. Member States may make legislative
during the period during which work is or regulatory provision for derogations
prohibited is of an exceptional nature. from paragraph 1 (b) and paragraph 2
in respect of adolescents in the
Article 10 following cases, where there are
objective grounds for so doing and
Rest period provided that they are granted
appropriate compensatory rest time and
1. (a) Member States which make use that the objetives set out in Article 1
of the option in Article 4 (2) (b) or (c) are not called into question:
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
(a) work performed in the shipping or 9 (1) (b), Article 10 (1) (b) and, in the
fisheries sectors; case of adolescents, Article 12, for
work in the circumstances referred to
(b) work performed in the context of in Article 5 (4) of Directive
the armed forces or the police; 89/391/EEC, provided that such work
is of a temporary nature and must be
(c) work performed in hospitals or performed immediately, that adult
similar establishments; workers are not available and that the
adolescents are allowed equivalent
(d) work performed in agriculture; compensatory rest time within the
following three weeks.
(e) work performed in the tourism
industry or in the hotel, restaurant and
café sector; SECTION IV
(f) activities involving periods of work Article 14
split up over the day.
Measures
Article 11
Each Member State shall lay down any
Annual rest necessary measures to be applied in the
event of failure to comply with the
Member States which make use of the provisions adopted in order to
option referred to in Article 4 (2) (b) or implement this Directive; such
(c) shall see to it that a period free of measures must be effective and
any work is included, as far as proportionate.
possible, in the school holidays of
children subject to compulsory full- Article 15
time schooling under national law.
Adaptation of the Annex
Article 12
Adaptations of a strictly technical
Breaks nature to the Annex in the light of
technical progress, changes in
Member States shall adopt the international rules or specifications and
measures necessary to ensure that, advances in knowledge in the field
where daily working time is more than covered by this Directive shall be
four and a half hours, young people are adopted in accordance with the
entitled to a break of at least 30 procedure provided for in Article 17 of
minutes, which shall be consecutive if Directive 89/391/EEC.
possible.
Article 16
Article 13
Non-reducing clause
Work by adolescents in the event of
force majeure Without prejudice to the right of
Member States to develop, in the light
Member States may, by legislative or of changing circumstances, different
regulatory provision, authorize provisions on the protection of young
derogations from Article 8 (2), Article people, as long as the minimum
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
requirements provided for by this measures referred to in paragraph 1,
Directive are complied with, the such measures shall contain a reference
implementation of this Directive shall to this Directive or shall be
not constitute valid grounds for accompanied by such reference on the
reducing the general level of protection occasion of their official publication.
afforded to young people.
The methods of making such reference
Article 17 shall be laid down by Member States.
Final provisions 3. Member States shall communicate
to the Commission the texts of the
1. (a) Member States shall bring into main provisions of national law which
force the laws, regulations and they have already adopted or adopt in
administrative provisions necessary to the field governed by this Directive.
comply with this Directive not later
than 22 June 1996 or ensure, by that 4. Member States shall report to the
date at the latest, that the two sides of Commission every five years on the
industry introduce the requisite practical implementation of the
provisions by means of collective provisions of this Directive, indicating
agreements, with Member States being the viewpoints of the two sides of
required to make all the necessary industry.
provisions to enable them at all times
to guarantee the results laid down by The Commission shall inform the
this Directive. European Parliament, the Council and
the Economic and Social Committee
(b) The United Kingdom may refrain thereof.
from implementing the first
subparagraph of Article 8 (1) (b) with 5. The Commission shall periodically
regard to the provision relating to the submit to the European Parliament, the
maximum weekly working time, and Council and the Economic and Social
also Article 8(2) and Article 9 (1) (b) Committee a report on the application
and (2) for a period of four years from of this Directive taking into account
the date specified in subparagraph (a). pargraphs 1, 2, 3 and 4.
The Commission shall submit a report Article 18
on the effects of this provision.
This Directive is addressed to the
The Council, acting in accordance with Member States.
the conditions laid down by the Treaty,
shall decide whether this period should Done at Luxembourg, 22 June 1994.
be extended.
(c) Member States shall forthwith For the Council
inform the Commission thereof. The President
E. YIANNOPOULOS
2. When Member States adopt the
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
ANNEX
Non-exhaustive list of agents, processes and work
(Article 7(2), second subparagraph)
I. Agents
1. Physical agents
(a) Ionizing radiation;
(b) Work in a high-pressure atmosphere, e.g. in pressurized containers, diving.
2. Biological agents
(a) Biological agents belonging to groups 3 and 4 within the meaning of Article
2 (d) of Council Directive 90/679/EEC of 26 November 1990 on the
protection of workers from risks related to exposure to biological agents at
work (Seventh individual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC) (1).
3. Chemical agents
(a) Substances and preparations classified according to Council Directive
67/548/EEC of 27 June 1967 on the approximation of laws, regulations and
administrative provisions relating to the classification, packaging and labelling
of dangerous substances (2) with amendments and Council Directive
88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and
administrative provisions of the Member States relating to the classification,
packaging and labelling of dangerous preparations (3) as toxic (T), very toxic
(Tx), corrosive (C) or explosive (E);
(b) Substances and preparations classified according to Directives 67/548/EEC
and 88/379/EEC as harmful (Xn) and with one or more of the following risk
phrases:
- danger of very serious irreversible effects (R39),
- possible risk of irreversible effects (R40),
- may cause sensitization by inhalation (R42),
- may cause sensitization by skin contact (R43),
- may cause cancer (R45),
- may cause heritable genetic damage (R46),
- danger of serious damage to health by prolonged exposure (R48),
- may impair fertility (R60),
- may cause harm to the unborn child (R61);
1
OJ No L 374, 31.12.1990, p. 1.
2
OJ No 196, 16.8.1967, p. 1. Directive as last amended by Directive 93/679/EEC (OJ No L 268,
29.10.1993, p. 71).
3
OJ No L 187, 16. 7. 1988, p. 14. Directive as last amended by Directive 93/18/EEC (OJ No L 104,
29.4.1993, p. 46).
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31994L0033 Official Journal L 216, 20/08/1994 P. 0012 - 0020
(c) Substances and preparations classified according to Directives 67/548/EEC
and 88/379/EEC as irritant (Xi) and with one or more of the following risk
phrases:
- highly flammable (R12);
- may cause sensitization by inhalation (R42),
- may cause sensitization by skin contact (R43),
(d) Substances and preparations referred to Article 2 (c) of Council Directive
90/394/EEC of 28 June 1990 on the protection of workers from the risks
related to exposure to carcinogens at work (Sixth individual Directive within
the meaning of Article 16(1) of Directive 89/391/EEC; (4)
(e) Lead and compounds thereof, inasmuch as the agents in question are
absorbable by the human organism;
(f) Asbestos.
II. Processes and work
1. Processes at work referred to in Annex I to Directive 90/394/EEC.
2. Manufacture and handling of devices, fireworks or other objects containing
explosives.
3. Work with fierce of poisonous animals.
4. Animal slaughtering on an industrial scale.
5. Work involving the handling of equipment for the production, storage or
application of compressed, liquified or dissolved gases.
6. Work with vats, tanks, reservoirs or carboys containing chemical agents referred to
in 1.3.
7. Work involving a risk of structural collapse.
8. Work involving high-voltage electrical hazards.
9. Work the pace of which is determined by machinery and involving payment by
results.
4
OJ No L 196, 26.7.1990, p. 1.
12
