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Council Directive 94/33/ECShow full title

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work

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Article 9Night work

1.(a)Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to prohibit work by children between 8 p.m. and 6 a.m.

(b)Member States shall adopt the measures necessary to prohibit work by adolescents either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m.

2.(a)Member States may, by legislative or regulatory provision, authorize work by adolescents in specific areas of activity during the period in which night work is prohibited as referred to in paragraph 1 (b).

In that event, Member States shall take appropriate measures to ensure that the adolescent is supervised by an adult where such supervision is necessary for the adolescent's protection.

(b)If point (a) is applied, work shall continue to be prohibited between midnight and 4 a.m.

However, Member States may, by legislative or regulatory provision, authorize work by adolescents during the period in which night work is prohibited in the following cases, where there are objective grounds for so doing and provided that adolescents are allowed suitable compensatory rest time and that the objectives set out in Article 1 are not called into question:

  • work performed in the shipping or fisheries sectors;

  • work performed in the context of the armed forces or the police;

  • work performed in hospitals or similar establishments;

  • cultural, artistic, sports or advertising activities.

3.Prior to any assignment to night work and at regular intervals thereafter, adolescents shall be entitled to a free assessment of their health and capacities, unless the work they do during the period during which work is prohibited is of an exceptional nature.

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