Night work of a young person under 18 years of age

Verified 18 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

An employee or a trainee in a professional environment under 18 is considered a young worker. A young worker cannot perform a night activity. There are derogations to this prohibition.

What are the sectors of activity concerned by these derogations? Who grants the derogation? What are the rules applicable to working time ? What are the possibilities depending on theAge ? We're doing an update on the regulations.

Under 16

Any work done between 20 hours and 6 hours is considered to be night work.

No, no, no. Night work by young workers is in principle prohibited.

However, there are exceptions. However, they cannot be granted to put a young person under 16 years of age to work between midnight and 4 a.m.

Derogations exist for companies in the following sectors:

  • Show
  • Cinema
  • Radiophony
  • Television
  • Sound recordings

The exemption, requested by the employer, is given by the labor inspector.

Without a reply from the inspector within one month of the submission of the application, the authorization shall be deemed to have been granted.

The derogation may be granted for a maximum renewable period of one year.

The derogation may not be granted to employ a young person under the age of 16 between midnight and 4 am.

The employer of a young worker under 18 must respect specific rules on working hours and rest periods.

The counterparties are the same as for other employees of the company entitled to work at night.

Employers who do not comply with the rules of night work for young people and their derogations may be fined €1,500.

From 16 to 18 years

Any work done between 22 hours and 6 hours is considered to be night work.

No, no, no. Night work is in principle prohibited.

However, there are exceptions. However, they cannot be granted to put a young person under 18 years of age to work between midnight and 4 a.m.

Derogations are possible in certain sectors of activity or in cases of extreme urgency.

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Hotels and restaurants

Night work may be permitted 10:00 pm to 11:30 pm.

Bakery and pastry shop

Night work may be permitted at the earliest from 4 am to enable young workers to participate in a full cycle of bread or pastry making.

Establishments concerned

Only establishments where all stages of bread or pastry making are not insured between 6am and 10pm may benefit from this derogation.

Shows

Night work may be permitted until midnight.

Horse races

Night work may be permitted until midnight.

This derogation may only be used 2 times a week and a maximum of 30 nights a year.

Extreme urgency

In cases of extreme urgency, a young person can work between midnight and 4 a.m. if the following 2 conditions are met:

  • No adult workers are available
  • This is temporary work intended to prevent imminent accidents or to repair the consequences of accidents which have occurred

An equivalent period of compensating rest must be granted to the young worker within three weeks.

The exemption, requested by the employer, is given by the labor inspector.

Without a reply from the inspector within one month of the submission of the application, the authorization shall be deemed to have been granted.

The derogation may be granted for a maximum renewable period of one year.

The employer of a young worker under the age of 18 must respect specific rules on working hours and rest periods.

The counterparties are the same as for other employees of the company entitled to work at night.

Employers who do not comply with the night work rules and their derogations may be fined €1,500.

Please note

the fine is €750 in the event of non-compliance with the rules in cases of extreme urgency.

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