The Minister of Labour may grant written derogations from the prohibition of night work for work carried out in the context of official vocational training organised and supervised by the competent public authorities:
- in the sphere of health professions;
- in the socio-educational sphere;
- in the hospitality and catering industry, in the case of young employees covered by an apprenticeship contract;
- in the context of the armed forces;
- in the bakery-patisserie sector.
In the hospitality and catering industry, night work is limited to 10 p.m..
In all cases, night work between midnight and 4 a.m. is prohibited.
In his application for a derogation, the employer must indicate the name of an adult person who is to supervise the young employee.
The Minister will grant derogations only if there are objective reasons for doing so and provided that appropriate compensatory rest is granted to the young employee within a proximate period, which may not exceed 12 days.
The duration of the compensatory rest and the period within which such rest is to be taken will be determined by the relevant ministerial authorisation.
Moreover, derogations granted must not undermine:
- the health and safety of the young employees;
- young employees’ participation in vocational training.
Before any assignment of them to night work, and at regular intervals thereafter, young employees must benefit from a free assessment of their health and of their capacities, carried out by the competent occupational health departments.