ACTEURS MINEURS : une législation protectrice
Sébastien Lachaussée & Elisa Martin-Winkel

Sébastien Lachaussée & Elisa Martin-Winkel

Minor actors: protective legislation in France

Film and audiovisual production is one of the sectors in which the hiring of minors may be necessary and one of the very few sectors in which the hiring of minors under the age of 14 is permitted.

However, the hiring of minors remains highly regulated and requires compliance with strict formal and substantive conditions to guarantee the protection of young actors.

Thus, an amendment dated 17 May 2024 to the collective agreement for film production provided a framework for the conditions of employment of minors and was joined on 21 March 2025 by an amendment to the national collective agreement for audiovisual production.

Below we review the main measures established by the French Labour Code and these amendments to collective agreements.

      Main provisions of the French Labour Code

Article L7124-1 2° of the Labour Code expressly provides that « A child under the age of sixteen may not, without prior individual authorization, granted by the administrative authority, be, in any capacity whatsoever, engaged or produced: (…)2° In a cinema, radio, television, sound recording or audiovisual recording company, regardless of their means of communication to the public ».

The employment of minors is therefore subject to prior authorisation by the competent authority, namely the Commission des Enfants du Spectacle. Failure to do so may result in five years’ imprisonment and a fine of €75,000.

Processing times can be long and must be considered by the producers. The Commission decides considering, among other things: the adequacy of the role with the age of the child, the impact of the filming on his or her schooling, the support and supervision that will be granted to him/her,
 and the working conditions offered by the production (in particular schedules and rest periods).

It is also specified that the employment of a minor over the age of thirteen is subject to his or her written consent – again under penalty of sanction, the consent of the minor being considered essential.

In any case, it is forbidden to have children under the age of sixteen perform perilous feats of strength or dislocation exercises, or to entrust them with jobs that are dangerous to their life, health or morals.

The working time of minors is very tightly regulated according to their age and the periods (school/non-school). It is therefore necessary on a case-by-case basis to determine the maximum applicable hours and any derogations that must be requested, in particular about night work. For example, for a child aged 6 to 11, the maximum daily duration is 4 hours with a mandatory break after two hours.

The Labour Code also expressly provides that only a part of the remuneration received by the child may be left at the disposal of his or her legal representatives. The remainder is paid to the Caisse des dépôts et consignations and managed by this fund until the child reaches the age of majority or is emancipated. The share left at the disposal of the legal representatives is set by the children’s commission of the performing arts.

      Main provisions of collective agreements for film and audiovisual production

The amendments to the collective agreements recall the legal provisions, in particular those relating to prior authorisation or working hours, and provide clarifications and additions to the Labour Code, including:

          Organization of castings

The two amendments expressly provide that the participation of minor artists under the age of 16 in castings is subject to mandatory support by a referent adult who ensures that the safety and interests of the child are preserved.

          Medical exam

The two amendments expressly recall that the hiring of a minor is conditional on the prior completion of a medical examination paid for by the employer carried out by a paediatrician or a general practitioner.

In particular, the doctor must be provided with all the documents relating to the precise description of the proposed job, such as: script of the film, text of the play, work plan, note of intent, role, place and organisation of the shootings, working hours, time spent and any other useful information, and must obtain the child’s consent.

          Support of the minors

The two amendments make it compulsory to hire a person responsible for children when a minor under the age of 16 is hired.

The person responsible for the children must provide proof of a diploma or significant experience for the performance of his duties, which are verified beforehand by the employer.

It is also recalled that the supervision, by a person in charge of children, of minors over the age of sixteen hired by a production company is recommended in any case.

In view of the above, it appears that the employment of minors by audiovisual and cinematographic producers is very strongly regulated and requires the implementation of appropriate measures in the context of the organization of castings and production. To do so, it may be wise to seek advice from a specialized lawyer.

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