Inadequate working conditions may have a negative impact on the psychophysical development of children and youth, which is why the legislator limited the possibility of employing them and at the same time provided for certain protective guarantees for them. Provisions concerning the employment of juveniles are contained in the ninth section of the Labor Code.
First, it should be noted that within the meaning of the Labor Code, a juvenile is a person who has turned 15 but has not yet turned 18.
As a rule, it is not allowed to employ people under the age of 15, and in addition to age, a juvenile must also have completed at least 8 years of primary school and have a medical certificate stating that the work of a given type does not pose a threat to his health. If a potential employee has completed an 8-year primary school but has not yet reached the age of 15, he may be employed in the calendar year in which he turns 15, and if he has completed school but does not reach the indicated age in a given calendar year, he may be employed on the terms specified for juveniles for vocational training in the form of vocational training. If such a person has neither graduated from school nor reached the required age, he or she may be employed under the rules specified for juveniles for the purpose of vocational training in the form of training to perform a specific job. In the last two cases, it is necessary to obtain the consent of the person’s statutory representative or legal guardian and a positive opinion of the psychological and pedagogical counseling center, and in the latter case also the permission of the principal of the eight-year primary school in the district of which the person lives, to fulfill the school obligation outside the school.
If a juvenile is 15 years old but has not completed an 8-year primary school, at the request of his legal representative or guardian, an employment contract may be concluded in order to prepare for vocational training in the form of an apprenticeship to perform a specific job, if he has been admitted to a job-preparing branch established in an eight-year primary school or obtained the permission of the director of an eight-year primary school in the district of which he/she lives to fulfill the schooling obligation outside school and obtained a positive opinion of a psychological and pedagogical counseling center. An employment contract may be concluded with such a person after completing vocational training in the form of training for a specific job.
Termination of an employment contract concluded for vocational training with a juvenile with notice is possible only in the event of failure by the juvenile to fulfill the obligations arising from the employment contract or the obligation to learn, despite the application of educational measures to him, the juvenile is found to be unsuitable for the work for which he is undergoing training. vocational training, reorganization of the workplace preventing the continuation of vocational training or declaration of bankruptcy or liquidation of the employer.
A juvenile may also be employed for purposes other than vocational training, but only for light work, i.e. not causing a threat to life, health and psychophysical development and not hindering the fulfillment of the school obligation.
The employer is obliged to determine the working time of a juvenile employed in light work, taking into account the weekly number of hours of study resulting from the curriculum, as well as from the juvenile’s school schedule. The weekly working time of a juvenile during school hours may not exceed 12 hours, and moreover, on the day of participating in school activities, the juvenile’s working time may not exceed 2 hours. However, the weekly working time of a juvenile is increased to 35 hours a week and 7 hours a day during holidays. However, it should be borne in mind that a juvenile who has not reached the age of 16 may not work more than 6 hours a day.
The working time of a juvenile who has reached the age of 16 may not exceed 8 hours a day – juveniles may not be employed overtime. In addition, the working time of a juvenile includes the time of education resulting from the compulsory school curriculum, regardless of whether it takes place during working hours. If the daily working time exceeds 4.5 hours, the employee has the right to an uninterrupted 30-minute break from work, which is included in the working time.
It is forbidden to employ juveniles at night, which covers the hours from 10:00 pm to 6:00 am, and if the employee has not completed the age of 15 or primary school, from 8:00 pm to 6:00 am. A break in work, including night time, should last continuously for at least 14 hours. A juvenile is entitled to at least 48 hours of uninterrupted rest each week, including Sunday.