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Consent to Conclude an Employment Contract with a Minor

Viimati uuendatud: 21.06.2017

To conclude an employment contract with a minor, the employer must ask the minor’s and their parent’s consent. The parent may give their consent both in writing and orally, it is also allowed to give consent in retrospect, after the minor has already begun working. A minor who is obliged to attend school may work both during school times and during holidays, if the legal limitations are adhered to. The parent may not give their consent if the minor works for more than half of each school holiday. Each school holiday stands for summer, autumn, winter and spring break. To conclude an employment contract with a 7-14-year-old minor, the employer must get the labour inspector’s consent.

Amendments to the Employment Contracts Act concerning the approval acquisition from the Labour Inspectorate take effect on July 1st, 2017. The change is that a separate request for employing the child must no longer be submitted to the labour inspector. Instead of the request, the employer must make a corresponding entry to the registry already 10 working days before the child starts working. It is an important difference when compared to adults or employees aged 15 and up, who can be entered into the registry on the same day when they actually start working.

When employing a child aged 7-14 and making the corresponding entry to the employment register, the employer must mark data concerning the consent of the minor’s legal representative, the minor’s working conditions, place of working, work responsibilities, and compulsory school attendance in the Comments section. To guarantee a smooth procedure, the Labour Inspectorate advises to add data about the employer’s contact person to the employment register entry, whom the inspector could contact if necessary (for specifying any data).

The Tax and Customs Board shall forward the data about the registered minor to the Labour Inspectorate, and within ten working days, the labour inspector checks that the work is not forbidden and that the minor’s working conditions comply with legal requirements. The inspector is entitled to contact the employer’s representative and ask for additional information (incl. in writing). When the ten working days pass and the inspector has not contacted the employer nor informed them about the refusing decision, it may be presumed that the inspector has given their consent and the child can be allowed to work.

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