Case 1.
Can I employ a 16-year-old in my paving company (on an employment contract) to carry out light work? What working hours, schedule and working time can I arrange?
A young person, i.e. in accordance with the definition contained in Article 190 § 1 of the Act of 26 June 1974 – Labour Code (Journal of Laws 2020, item 1320, as amended) a person who has reached the age of 15 but has not exceeded the age of 18, apart from employment for the purpose of vocational training, may also be employed under an employment contract to perform light work.
Therefore, yes, we can employ a 16-year-old, provided they have completed at least primary school and hold a medical certificate stating there are no contraindications to performing the work in question. Furthermore, the work they perform must not endanger their life, health or psychophysical development, nor must it hinder the fulfilment of their compulsory schooling.
As regards the working hours and schedule of a young worker, these must take into account the weekly number of teaching hours specified in the curriculum, as well as the young person’s school timetable. Furthermore, a young person’s weekly working hours must not exceed 12 hours, and on school days, the daily working hours must not exceed 2 hours. Where a young person works during school holidays, working hours must not exceed 7 hours per day and 35 hours per week. However, the daily working hours of a young person under the age of 16 must not exceed 6 hours.
Case 2.
I want to employ a young person for vocational training. Do I need to enter into an employment contract with them?
Although it is now common to take on work under a civil law contract, such as a contract for specific work, in order to employ a worker, including a young person, we should enter into an employment contract with them. It should be borne in mind that regardless of the nature of the contract signed by the parties, if a person undertakes to perform specific work for the employer, and the employer pays them, determines their place and time of work, as well as provides the remuneration stipulated in the contract, the relationship between the parties will be treated as an
employment contract.
It should be noted here that the provisions of the Labour Code concerning permanent employment contracts apply to the conclusion and termination of employment contracts with young people for the purpose of vocational training, whereby the contract in question should specify in particular:
the type of vocational training (apprenticeship or training to perform specific work),
the duration and location of the vocational training,
the method of theoretical instruction,
and the amount of remuneration.
Case 3.
What are my obligations regarding the employment of young people?
The employer is, first and foremost, obliged to provide young employees with the care and assistance necessary for them to adapt to the proper performance of their work. Furthermore, the employer is required to keep a register of young employees.
Furthermore, young people with whom the employer has signed an employment contract (regardless of its purpose), like all employees, are subject to compulsory health and safety training in its entirety, i.e. full induction training before starting work and subsequent periodic training. The employer is also obliged to provide information on the occupational risks associated with the work performed by the young person, and on the rules for protection against hazards, to the young person’s legal representative as well.
As regards other obligations, the employer should include the following in the work
regulations (or in another approved manner):- a list of work prohibited to young people,
- a list of the types of work and job positions permitted for young people employed for vocational training purposes,
- a list of light work permitted for young people, which must be approved by a labour inspector.
The employment of young people also requires compliance with other formal requirements; for example, the employer should familiarise the young person with the work regulations before they start work, whilst the legal representative or guardian should be provided with information on occupational risks at the workstation where the young person is employed.
