Want to hire a teenager? Check if you are violating labor law

Although the holidays are a time when many teenagers try their hand at work, it is worth knowing that employing minors is not always possible, experts remind us. According to the law, people under 16 can only work in strictly defined industries.

A minor is any person who has not reached the age of 18. In the context of labor law, the term: young person is used, meaning a person who has reached the age of 15 but has not exceeded the age of 18. Job Impulse experts remind that according to Polish law, only young people over the age of 15 can be employed on the basis of an employment contract, provided that they have completed primary school. Parental consent is not required for this.

People aged 13 and over can perform certain types of work based on a contract for services. However, this requires the consent of their guardians and the labour inspector. People under 16 can only work in the following sectors: artistic, cultural, sports or advertising – only with the consent of their parents and the relevant labour inspector.

Young people who do not yet have professional qualifications may only be employed in so-called light work or for the purpose of vocational training.

"These are duties that do not threaten the health or physical or mental development of a young person, and do not conflict with their school obligations. Each company employing young people is obliged to prepare its own list of light work and obtain its approval from the labor inspector. Examples of work include office assistance, simple cleaning activities or minor handicrafts," Job Impulse experts said.

There is also a list of prohibited jobs that minors cannot perform. Such jobs include jobs that require excessive effort, forced body positioning or exposure to harmful substances. Contrary to popular belief, minors cannot take up employment in picking vegetables and fruit, because these activities often involve prolonged stooping, which excludes them from the list of safe jobs.

Certain prohibited work may be exceptionally permitted for young people over 16 years of age, provided that the performance of such work is necessary for vocational training.

"A summer job is not only the first step into adulthood, but also a legal labyrinth in which it is easy to get lost. It is worth knowing the rules so that good intentions do not end in risky employment and, as a result, financial penalties. Legal employment is not only a matter of compliance with regulations. It is also the basis of a safe work environment and a real chance to build an inclusive culture based on equality and respect for the rights of young employees," said Łukasz Koszczoł, CEO of Job Impulse, quoted in a press release.

During vacations and school holidays, young people can work longer hours than during the school year. People over 16 can work for a maximum of 7 hours a day and 35 hours a week. Younger people can work up to 6 hours a day and 30 hours a week. During the school year, the workload cannot exceed 2 hours a day and 12 hours a week. Importantly, young people cannot attend school and work on the same day - school and professional duties must be separated.

"A young person cannot be employed in overtime or at night. The employer is also obliged to provide the young employee with at least 14 hours of uninterrupted rest during the day and 48 hours of weekly rest, including Sunday. Additionally, after working 4.5 hours, the young person is entitled to a mandatory break of at least 30 minutes," Job Impulse representatives noted.

Employment of minors in breach of the regulations may result in a fine from PLN 1,000 to PLN 30,000. Job Impulse experts also remind that employers who have concluded an employment contract with a minor for the purpose of vocational training and have the appropriate qualifications to learn the profession may apply for a refund of part of the training costs. (PAP)

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