Working with children under 7 years of age

Prohibition of work

Children under the age of 7 are prohibited from working pursuant to the Employment Contracts Act. However, if a child under the age of 7 is to be involved in cultural, art, sports or advertising activities, the labour Inspectorate and the Ministry of Social Affairs recommend that the undertaking or other contracting entity enter into a written agreement with the parent or guardian, confirming that the child wishes to participate in the project.

Ensuring the well-being of the child is essential

The parent or person raising the child has the primary responsibility for ensuring the protection of the child’s well-being and rights. Before entering into such an agreement, the parent and the undertaking wishing to involve the child in the project shall consider the best interests of the child and ensure that participation is easy and safe for the child. This means analysing whether the project in which the child is to be involved is suitable for a particular child, taking into account the child’s age, level of maturity, abilities, interests, and other circumstances. The undertaking can contribute to it by explaining the content of the project and helping the parent to consider the child’s well-being while they participate in the project. It is important that the child has an explanation of what participating in the project means, taking into account his or her level of maturity. Among other things, the child shall be told what is expected of him or her and what it means to participate in the project (e.g. that the child does certain activities at certain times, etc.) so that the child understands what the expectations are based on his or her level of maturity and wants to participate in the project.

The child can leave the project at any time

The agreement shall state the child’s right to receive remuneration for participating in the project. The remuneration received is for the child [1]. The agreement may also contain the obligation of the child’s parents to bring the child to rehearsals or performances, for example. We also recommend agreeing on what the consequences are if the parent or undertaking no longer wants to participate in the project.

It must be taken into account that a child under the age of 7 has the right to refuse to participate in the project at any time. No obligation to pay a contractual penalty or any other sanctions can be imposed on the parent if the child no longer wants to participate. If the child no longer wants to participate, the agreed-on remuneration may be reduced according to the volume of work performed prior to the refusal or no remuneration may be paid depending on the circumstances. At the same time, it is possible to agree on sanctions if the child’s withdrawal from the project or failure to appear is due to the fact that the parent fails to bring the child to the agreed location for any reason.

Conclusion

If you want to involve a child under the age of 7 in a project, we recommend following the guidelines below:

• bear in mind that the child may only be involved in light work in the field of culture, art, sports or advertising; first identify the interests and wishes of the child and put those first;
• bear in mind that the planned activities should correspond to the child’s physical and mental abilities, not jeopardise his or her morals [2] and be playful, appropriate for his or her age;
• enter into an agreement with the parent of the child under the age of 7 on how the child will be involved;
• register the agreement on participation in the project in the employment register (other agreement under the law of obligations within the meaning of the employment register) and indicate in the additional field that a child under 7 years of age is involved;
• consider the possible risks of the activity and give the child and parent the necessary instructions on how to act safely and proactively and find potential substitutes in the case that the child is unable or no longer wants to participate in the project;
• bear in mind that the agreement with the parent can be for bringing the child to rehearsals in a timely manner or to the location of the project and it cannot involve an obligation for the child to take part in the project;
• the child shall be able to leave the project at any time if he or she so wishes and the parent shall not be penalised in the event of withdrawal (for example, a contractual penalty if the child no longer wishes to participate);
• ensure that people in direct contact with the child in the project are not prohibited from working with children [3];
• ensure that all employees and other persons who come into contact with the child during the project treat the child in a child-friendly manner, taking into account the child’s age and other characteristics, avoid pressuring the child, and preventing child abuse.

Additional information on children’s rights and obligations can be found on the website of the Estonian Union for Child Welfare.

More information about the rights of children and rights and obligations of parents can be found at:

https://www.oiguskantsler.ee/et/laste-ja-noorte-õigused-ja-kohustused;

https://www.oiguskantsler.ee/et/lapsevanema-õigused-ja-kohustused-1

The Social Insurance Board has created a free service called the Child Helpline (Lasteabitelefon). The Child Helpline 116111 is a 24-hour service that is free of charge and is intended for asking advice on topics related to children. You can find more information on the website of the Social Insurance Board.

Both undertakings and parents can find additional information on ensuring restrictions in working with children and checking the background of persons at: https://www.rik.ee/et/karistusregister/lasteasutusele 

[1]  The parent shall use the relevant amount to cover expenses related to raising the child or save it for the child’s future in accordance with prudency principles. The property management provisions a parent shall take into account in managing their child’s property have been provided in the Family Law Act. 

[2]  The planned activities shall not jeopardise the morals of the child – the activities shall not include, for example, exposure to tobacco, alcohol, other mind-altering substances, or contradict the ethical and moral norms prevailing in the society. 

[3]  Pursuant to the Child Protection Act, a person who has been punished or to whom coercive treatment has been imposed for a criminal offence provided in section 20 may not work with a child or come into immediate contact with a child in their work.