Employment contract
Prior to signing employment contract employer must inform one of child's or adolescent's parents (custodian) about the work environment risk assessment and labour protection measures in the respective work.
Persons under 18 are employed only after medical check and they must undergo repeated medical tests every year.
Upon signing the employment contract the test to assure whether the employee is suitable for performing the given task is not assigned to persons under 18.
Person under 18 can be sent to a mission or business trip if one of parents (custodian) has given a written consent.
Children
(persons under 15 or who continue mastering basic education until 18 years of age)
It is prohibited to employ children in a regular work.
Exceptions when one can employ:
Children from 13 years of age if one of parents (custodian) has given a written consent can be employed in uncomplicated work that is harmless to child's safety, health, morality and development only during the leisure time. Works in which children from 13 years of age are permitted to work are set forth in Regulation of the Cabinet of Ministers No. 10 adopted on January 8, 2002, "Regulations regarding Work in which Employment of Children from the Age of 13 is permitted".
Children from the age of 13 in their leisure time provided that one of parents (custodian) has given a written consent can be employed in the following works:
- the wf saplings etc.
- eeding and watering of gardens;
- harvesting;
- the picking of flowers;
- the collection of medical plants;
- the packaging of fruit, vegetables and berries;
- the planting and maintenance of trees, flowers and plants;
- the preparation of sapling etc.
child as a performer can be employed in cultural, artistic, sporting and advertising activities if such employment does not harm child's safety, health, morality and development and if one of parents (custodian) has provided a written consent and permit by the State Labour Inspection has been received. Procedure for issuing permits for employment of children as performers of cultural, artistic, sporting and advertising activities and restrictions regarding working conditions and terms of employment are set forth in Regulation of the Cabinet of Ministers No. 205 adopted on May 28, 2002. "Procedure for Issuing Permits for Employment of Children as Performers of Cultural, Artistic, Sporting and Advertising Activities and Restrictions to be included in Permits"
Employment must not hinder child's education.
Adolescents
(persons from 15 to 18 years of age who are not mastering basic education)
It is prohibited to employ adolescents in work related to special conditions and increased threat to their safety, health, morality and development. Works in which it is prohibited to employ adolescents and exceptions when employment in such works is permitted in connection with adolescent's vocational training are set forth in Regulation of the Cabinet of Ministers No. 206 adopted on May 28, 2002, "Regulations regarding Work in which Employment of Adolescents is prohibited and Exceptions when Employment in such Works is Permitted in Connection with Vocational Training of Adolescent.".
Works in which it is prohibited to employ adolescents:
- work is equivalent to rescue operations in cases of emergency;
- work is equivalent to testing work;
- work is equivalent to work involving fire and explosion hazard;
- work directly related to continuous carrying or moving of heavy loads if it exceeds 10 kg (for boys) and 4 kg (for girls);
Work directly related to the servicing and maintenance of ventilation, water, drainage, and treatment equipment systems etc.
Rest time
The weekly rest time within the period of seven days must not be less than 42 hours continuously.
It is prohibited to employ persons under the age of 18 by the written order of employee during the weekly rest time by appointing him/her the rest time in another week if it is required by society's most urgent needs; in order to prevent the consequences brought about by force majeure, random accidents or other external circumstances and which has an adverse impact or can have such impact on the company's routine; in order to complete an urgent, unforseen task within a limited period of time.
Persons under the age of 18 are entitled to receive one month long annual paid vacation and it is not allowed to transfer any part of the paid vacation to the next year.
Annual paid vacation is granted to the employee under the age of 18 in summer season or upon his/her request in any other season. If employee under the age of 18 continues studies, the annual paid vacation must be granted by coordinating it with the holidays in the educational establishment.
- Children
- (persons under the age of 15 or persons who continue attending elementary school until the age of 18)
The length of earthday rest time for children within the period of 24 hours must not be less than 14 hours continuously.
- Adolescents
- (persons from 15 to 18 years of age not attending elementary school)
The length of earthday rest time within the period of 24 hours must not be less than 12 hours continuously.
Adolescents are entitled to receive a break at work if their working hours last more than four and a half hours. The length of break must not be less than 30 minutes. If possible, adolescent receives a break after he/she has worked half of his/her working hours as agreed.
Working hours
Five days working week is determined for persons under the age of 18.
If persons under the age of 18 continue attending elementary school, secondary school or vocational school, the time spent in studies and work calculated together must not exceed seven hours per day and 35 hours per week.
If persons under the age of 18 are employed by several employers the working hours must be aggregated.
It is prohibited to employ persons under the age of 18 in extra hours (referring to the working hours stipulated for child and adolescent).
- Children
- Persons under the age of 15 or who continue attending elementary school until the age of 18)
Children who have reached 13 years of age cannot be employed:
- more than two hours per day and more than 10 hours per week if the work is performed during the school year;
- more than four hours per day and more than 20 hours per week if the work is performed during the holidays;
It is prohibited to employ children during the night. In case of children night is considered a period from 8 p.m. to 6 a.m.
- Adolescents
- (persons from 15 to 18 years of age not attending elementary school)
Adolescents must not be employed more than seven hours per day and more than 35 hours per week.
It is prohibited to employ persons under the age of 18 during the night. Night is considered a period from 10 p.m. to 6 a.m.
Wage
- Children
- Persons under the age of 15 or persons who continue attending elementary school until the age of 18)
Children receive wage according to the performed tasks.
- Adolescents
- (persons from 15 to 18 years of age not attending elementary school)
According to the provisions set out in Paragraph one and two of Section 63 of the Labour Law:
(1) The monthly salary for adolescents employed within the limits of the working time set out in Paragraphs one and three of Section 132 of this Law shall not be less than the minimum monthly salary within the scope of normal working time as specified by the Cabinet.
(2) If an adolescent also works, in addition to pursuing secondary or occupational education, the adolescent shall be paid for the work done in conformity with the time worked. In such case, the hourly wage rate specified for the adolescent may not be less than the minimum hourly wage rate specified by the Cabinet for work within the scope of normal working time.”
Termination of legal work relations
Parents (custodians) or State Labour Inspection can demand in a written notice to terminate the legal work relations with person under the age of 18 if he/she performs a type of work that is dangerous to this person's safety, health or morality or has a negative impact on his/her development and education. After the said notice the employer is obliged to terminate the legal work relations with the employee not later than within five days and to pay him/her the remuneration - not less than one monthly average earnings.