Work suitable and unsuitable for minors

Specifics regarding minor workers

The results of monitoring in recent years have shown that the biggest problem is working and rest time, regarding which the special age requirements are either not known or forgotten. There have also been instances where a child will go and prepare a hotel breakfast buffet at 4 AM before school. This is not in accordance with the law because a person under the age of 18 may not work before 6 AM, and working immediately before school starts is also not allowed.

There are sometimes tensions between a child who has performed work and the employer over the payment of wages. Although children and young people have limited working hours, they shall be paid equally to adults, i.e. at least minimum wage. This remuneration cannot be reduced even if an employer later considers the work to be of poor quality. If a child receives less than the applicable minimum wage for work, he or she has the right to turn to a labour dispute committee or court equally to adults.

Minors should also not lift heavy loads at work even if they look like adults. One must not forget that their bodies are still developing and even a small damage to their health can later progress and reduce their capacity for work for the rest of their life. We often see young people who want to do as much and as quickly as possible. In such cases, it is up to the employer to intervene and hold the young person back a bit.

The right of ergonomic and safe working methods and variety of work are certainly important. Exposure to chemicals – paints, varnishes, solvents, cleaning agents, etc. – is also a problem. The chemical safety data sheet and the list of work prohibited for minors shall be used. Even for the simple task of painting a fence, it should be checked whether the paint used is suitable to a child and does not contain strong irritants or even carcinogens.

It is also worth being very careful with the machines and equipment used for work by a young worker. A minor who is at least 15 years old may mow the lawn with a mower or trimmer if the conditions set out in the regulation are met: the work is appropriate for the age and abilities of the worker, direct contact with the cutting blade is excluded, appropriate PPE is used, and the minor does not perform maintenance, cleaning or repair work.

However, exceptions may be made to the provisions of prohibited work on entering into employment contracts with minors or permitting them to work if the minor is working on the basis of a traineeship as part of a vocational training course and provided that the work is performed under the supervision of the traineeship supervisor or a workplace specialist and that the necessary measures have been taken to ensure the health and safety of the minor.

Minors are allowed to perform light work

Light work refers to work where the job responsibilities are simple and do not require much physical or mental effort. For example, a minor is allowed to perform the following work:

• agricultural work (picking berries and fruits);
• ancillary work performed in trade or service establishments (unpacking and shelving goods);
• ancillary work performed in catering or accommodation establishments (setting tables);
• handicrafts (making souvenirs);
• office work (working as a secretary);
• cleaning or tidying work;
• work in the field of culture, art, sports or advertising.

The list of hazards has been established by regulation of the Government of the Republic “List of occupational hazards and work prohibited to minors”. For example, minors are prohibited to work in a workplace where work is performed with carcinogenic chemicals, work involves a risk of structural collapse, work is performed with a mechanical cutter, etc.

Restrictions on the employment of minors may also result from special laws.

• Pursuant to the Alcohol Act, minors may not be employed in work involving the handling of alcohol, except where the work is carried out under the supervision of an adult employee and involves the storage or commercial transportation of alcohol, provided that the minor handles only unopened alcoholic beverages. Minors who are at least 16 years old may also be employed in the production, offering for sale, or sale of alcoholic beverages, provided the work is carried out under the supervision of an adult employee.
• Pursuant to the Tobacco Act, it is prohibited to employ minors for work related to the handling of tobacco products, products intended for consuming tobacco products, products used similarly to tobacco products or components thereof.
• Pursuant to the Gambling Act, a gambling operator shall ensure that a person under 21 years of age is not tasked with conducting a game of chance, lottery or toto, make decisions on the right to participate in a game of chance, lottery or toto or carry out supervision of a game of chance, lottery of toto;

When employing a minor, the age and obligation to learn of the minor shall also be taken into account. A minor has the obligation to study, within the meaning of the Employment Contracts Act, until they complete basic education or reach the age of 17. What a minor can do and what working hours are allowed also largely depend on his or her age and whether he or she is subject to compulsory school attendance. For example:

• Minors of 7–12 years of age are only allowed to do light work in the field of culture, art, sports or advertising.
• An employer may enter into an employment contract with a minor of 13–16 years of age subject to the obligation to study and allow him or her to work if the duties are simple and do not require any major physical or mental effort.
• In the case of minors of 13 years of age, the legislator has also found it necessary to provide a list of expected tasks a 13-year-old could perform. For example, a minor of 13 years can do the following work: agricultural work, ancillary work performed in trade or service establishments, ancillary work performed in catering or accommodation establishments and other light work that is not prohibited for minors.

Restrictions on the employment of minors are as follows:

Section 7, subsection 2 of the Employment Contracts Act (TLS) sets out the general restrictions on minors’ employment. According to this provision, an employer must not conclude an employment contract with a minor or allow a minor to perform work that:

• exceeds the minor’s physical or mental capabilities;
• endangers the minor’s morals;
• involves hazards that the minor cannot recognize or prevent in time due to lack of experience or training;
• hinders the minor’s social development or acquisition of education;
• endangers the minor’s health due to the nature of the work or risk factors in the working environment.

The restrictions related to the employment of minors are as follows:

Working in a Family Business

In a family business, a fixed-term employment contract may be concluded with a minor aged 7–17 for light work in any field of activity.

A minor must not be assigned work that exceeds their physical or mental capabilities, endangers their morals, hinders their social development or education, poses a risk to their health due to the nature of the work or the work environment, or involves hazards that the minor cannot recognize or prevent in time due to a lack of experience or training.

There is no single definition of a family business in the European Union that applies across all sectors without exception. Therefore, for these purposes, work in a family business primarily refers to situations where the employer concluding the employment contract with the minor is the child's direct-line relative, collateral relative, or adoptive parent. This generally includes the minor's mother, father, (great-)grandparents, uncle, aunt, sister, brother, or adoptive parent. A foster parent or legal guardian may also be considered the employer in a family business.

A positive first work experience in a family business can increase a young person's motivation and interest in working. It is an additional opportunity for the minor, not an obligation.

Minor employee: Recommendations for Working with Money

If the work performed by a minor involves handling financial transactions, the employer must ensure that the work is suitable for the minor and appropriate for their abilities. A young employee’s knowledge and experience differ from those of an adult employee, and the risk of mistakes is greater. For example, calculating purchase totals, giving correct change, and counting cash in the register may be challenging.

The employer should pay attention to the following:

1) Age and suitable work for minors

• Young people may work with money, but it is recommended to entrust money-handling duties to minors who are at least 13 years old.
• The employer may hire both younger and older minors, taking into account the individual development level, abilities, knowledge, experience, nature of the work, volume of financial transactions, and associated risks, including potential financial loss (e.g., cash register shortages).
• For example, handling money may be suitable for a minor if the work takes place in a public location during daytime hours and if assistance from an adult employee is quickly available when needed.

2) Cash register shortages

• A minor employee cannot be required to compensate for cash shortages, nor may the shortage be deducted from their wages.

3) Legal representative’s consent for handling money

• Before the minor starts work, the legal representative (parent or guardian) should assess whether the minor is capable of handling money.
• The legal representative should be informed if the minor will be working with money and should also provide consent (for example, by email or SMS).

4) Value of sales transactions

• To avoid risks, the employer should determine in advance the maximum value of a single sales transaction or the daily financial volume that can be entrusted to a minor employee.

Example:
A minor sells pre-packaged farm products, trampoline tickets, or ice cream at a fair. It is easier for a minor to sell fixed-price products that do not need to be weighed and can be rounded to the nearest euro. This makes calculating the purchase amount simple and reduces the likelihood of errors.

5) Training

• Before starting sales work, a minor must receive the necessary and sufficient work-related training for handling money.
• This training may include: using the cash register system, calculating change, recognizing fraud, and instructions for dealing with dangerous situations.

For example, if a minor starts working in a shopping center, the employer can explain how to call security personnel when necessary, where the emergency button is located, when to use it, and how to act if a customer becomes rude or aggressive.

• Once the minor employee has received initial training, they may begin handling money independently.
• The minor must have the opportunity to seek assistance from an adult employee if they have questions about financial transactions or encounter difficult situations with customers.

6) Technical solutions and safety

• The employer can use various technical solutions to reduce errors and risks associated with financial transactions.

For example, the cash register system can be configured to limit the amount of cash stored in the cash drawer and automatically calculate change, significantly reducing the chance of mistakes. The employer may also ensure controlled access to the register or money through passwords or chip cards.