Recruitment of minors

Recruitment of minors

Employers are not required to apply for the Labour Inspectorate’s permission for employing a young person under 13 years of age; however, they must add a respective entry in the employment register five working days before the 7–12-year-old starts working.

The employer may allow a minor aged 7–12 to start work before five working days have passed since registration if the labour inspector received the necessary information from the employer earlier and granted consent for the minor to work before the minor was registered in the employment register.

This requirement is significantly different from the requirements applicable to adults or at least 15-year-old employees, who may be registered on the day of commencement of work. When concluding an employment contract with an employee who is a minor (i.e., an employee under the age of 18), the employer shall ask for the consent of his or her legal representative.

When employing a minor of 7–12 years of age, the employer shall enter the following information in the self-service of the Labour Inspectorate five working days before the minor commences work:

1. consent of a legal representative of the minor,
2. the working conditions of the minor, including their working time and duties,
3. whether the minor is subject to the obligation to learn.

It would be beneficial to add a contact person that the inspector could contact, if necessary, as it would streamline the procedure.

The employment register is managed by the Tax and Customs Board that forwards information on registered minors to the Labour Inspectorate. A labour inspector shall verify within five working days that the work is not prohibited for the minor and the minor’s working conditions are in accordance with the requirements provided by law. The inspector may contact the employer’s representative and ask for additional information. In the case of doubt, the inspector has the right to request from the employer:

• Contact information of the minor to ensure the minor wishes to do the work;
• Contact information of the minor’s legal representative to verify consent;
• the date of birth and age of the minor and information on whether the minor is subject to the obligation to learn;
• In addition, an explanation of the working conditions, including information on the duration of the employment relationship, working hours, wages, place of work, work tasks, work-related risks and measures taken to protect the safety and health of minors. The inspector may request a risk analysis and safety instructions they have prepared from the employer to ensure safety.

If an inspector has not contacted the employer within five working days or given notification of their refusal to grant consent, they may presume that the inspector has granted their consent and the child may commence work.

Consent to conclude an employment contract with a minor

In order to enter into an employment contract with a minor, the employer shall ask for the consent of the minor and his or her parent. The parent may grant his or her consent both orally and in writing, and he or she can also grant consent subsequently, i.e. after the minor has commenced work. A minor subject to the obligation to attend school may work during performing their obligation to learn and during school holiday, taking into account the restrictions provided by law. A parent may not consent to the employment during the school holiday of a minor subject to the obligation to learn for more than a half of each term of the school holiday. Each school holiday refers separately to the summer, winter, autumn and spring holiday.

When employing a minor of 7–12 years of age, the employer shall enter information in the self-service of the Labour Inspectorate about the consent of a legal representative of the minor, the working conditions of the minor, including the minor’s place of work and duties and whether the minor is subject to the obligation to learn. In the interests of streamlining the procedure, the Labour Inspectorate recommends adding the information of a contact person of the employer, with whom the inspector could contact if necessary (to specify the information).

Information on a registered minor is forwarded the Labour Inspectorate from the Tax and Customs Board, after which the labour inspector checks within five working days that the work is not prohibited and that the working conditions of the minor comply with the requirements provided by law. The inspector has the right to contact the employer’s representative and request additional information (including in writing). If an inspector has not contacted the employer within ten working days or notified of their refusal to grant consent, they may presume that the inspector has granted their consent and the child may commence work.

A reminder for young workers

• Before commencing work, check whether the employer (undertaking) is reliable! Search for information in the commercial register, credit info and the Tax and Customs board
• Choose a job that you like and that suits you!
• Dare to ask and negotiate!
• If something is unclear or you still have questions, talk to your parents.
• Conclude agreements in writing!
• Prefer an employment contract and know your rights and obligations!
• Do not forget your school work!

As a rule, the work is performed under an employment contract, but an authorisation agreement or contract for services may also be entered into for this purpose. The following are types of contracts that can be concluded for performing work:

EMPLOYMENT CONTRACT

• concluded for long-term work;
• usually entered into for an unspecified term;
• the employer organises and supervises the performance of duties;
• wages for work are paid at least once a month;
• annual paid leave is provided for;
• occupational health and safety requirements have been established.

CONTRACT FOR SERVICES

• is a contract for providing services;
• usually concluded when an agreement is made to manufacture or modify something or to achieve another agreed result by providing the service
• (e.g., apartment renovation);
• the contract for services has a specified term.

AUTHORISATION AGREEMENT

• is a contract for providing services
• it is appropriate when an agreement is made to perform a specific task (e.g. giving a lecture).

You can also find a comparison of contracts concluded for the performance of work on the website of the labour Inspectorate.

ENTRY INTO EMPLOYMENT CONTRACT

• Your rights and obligations arise from the employment contract.
• Discuss the main terms and conditions of the employment contract before concluding the contract!
• The wages, place of work, working time and tasks are agreed on in the contract.
• Other conditions deemed important by the parties may also be agreed on.
• Do not be afraid to ask if something needs clarifying.
• An employment contract shall be concluded before actually commencing work, no later than on the day of commencing work.
• An employment contract is concluded if both parties have signed it and you have one copy of the signed contract.
• The employment contract may be either written or electronic, but in any case it shall be signed by both parties.

NB! If you are between 7 and 17 years of age, know that before you can conclude an employment contract, you need to express your wish to work and your legal representatives (mother or father) have to agree.

Read more about concluding an employment contract here

Aspects that young workers should consider

What are the aspects that young workers should pay particular attention to?

• Slipping and tripping are the most common causes of accidents at work, as people often rush in hazardous areas, workplaces are cluttered, the floor is not clean and tidy, and there can be wires laying around.
• Machinery and equipment – many accidents occur because equipment is not properly maintained, protective equipment is not used, training is incomplete, electrical equipment failures cause burns, fires or death, and equipment repairs are attempted without shutting down the devices and disconnecting power supply. In addition to factories, hazardous equipment can also be found in, for example, restaurant kitchens.
• Lifting loads – accidents occur when lifting objects when they are too heavy or unstable, when the lifting position is incorrect or when there is no necessary lifting and handling equipment.
• Repeated fast work, especially in an awkward position and with insufficient rest breaks – such work causes pain and damages muscles and joints. Such health problems can be caused, for example, by working on a factory assembly line, at a cash register or with a computer.
• Noise – excessive noise can damage your hearing. Hearing deteriorates so slowly that it can be difficult to notice. Hearing loss is irreversible. Other physical hazards include vibration and radiation.
• Use of chemicals – these include common cleaning liquids, dyes, haircare products, and dust. Chemicals at the workplace can cause an acute allergic rash, persistent asthma or cancer or damage fertility or the foetus. Chemicals can damage the liver, nervous system, and blood.
• Stress – this can be caused by poor organisation of work, excessive workload, unclear responsibilities, and a depressing work atmosphere. Stress can also be caused by a bullying supervisor or co-workers.
• Violence – in addition to physical assault, violence is also for example verbal abuse. No one should tolerate violence at the workplace.
• Working environment – from an uncomfortably hot or cold workplace to extreme temperatures. This also includes, for example, insufficient lighting.

You need to know your rights in order to protect yourself.

Employees have the following rights:

• to know what hazards they are exposed to at the workplace, what they should do to protect themselves and how to act in the event of an accident or emergency; receive safety-related information, instructions and training specific to their work; receive required personal protective equipment free of charge;
• can participate in creating a safe working environment by asking questions, reporting hazardous activities and conditions, and discussing safety matters with the employer or supervisor.

As a last resort, an employee has the right to refuse hazardous work. An employee does not have to do something hazardous simply because their supervisor tells them to or because all other employees do it. Certainly not everything depends on the employer. Therefore, you must also act responsibly.