How many years has it been possible to work?

From 1 September 2018, people from the age of 15 can legally work under an employment contract. Until August 31, 2018, the Labor Code allowed the work of adolescents from the age of 16. Employment of people from 15 years to the age of 18 is regulated by the ninth section of the KP entitled „Employment of juveniles”.

Pursuant to Article 190 § 1 of the Code of Civil Procedure, a juvenile is therefore a person who has reached the age of 15 and has not exceeded 18 years. In addition, § 2 emphasizes that it is forbidden to employ a person who is under 15 years of age (exceptions are regulated by Article 191 § 21-23).

In subsequent regulations, the KP lists the conditions under which juveniles may be employed (Article 191 § 1). You can hire an employee aged 15, 16, 17 if:

  • has completed at least eight years of primary school;
  • present a medical certificate stating that the work of the type in question does not endanger his health.

Art. 191 § 21-3 KP:

  1. A person who has completed an eight-year primary school, who is under 15 years of age, may be employed on the terms laid down for young people in the calendar year in which he turns 15 years old.
  2. A person who has completed an eight-year primary school who is under 15 years of age, with the exception of the person referred to in § 21, may be employed under the conditions laid down for adolescents for the purpose of vocational training in the form of apprenticeship.
  3. A person who has not completed an eight-year primary school, who is under 15 years of age, may be employed under the rules laid down for young people for the purpose of vocational training in the form of an apprenticeship to perform a specific job.

It should be emphasized that a juvenile who does not have professional qualifications can only be employed for the purpose of apprenticeship.

The rules and conditions of apprenticeship and the principles of remuneration of young people are set out in a regulation of the Council of Ministers.

Due to age and inexperience, labor law protects young workers. The Labour Code obliges employers to provide young workers with the care and assistance necessary for their adaptation to the proper performance of work. What’s more, the employer is obliged to keep records of juvenile employees.

The employment of young workers who are under the age of 18 and over 15 can take two forms:

  • Employment contract for apprenticeships
  • Employment contract for a purpose other than apprenticeship

The contract for the purpose of apprenticeship consists in training a juvenile employee for a specific job while at the same time training the employee. Two types of this contract can be distinguished: apprenticeship and apprenticeship. The apprenticeship contract lasts 36 months, after which the juvenile receives the title of skilled worker. On the other hand, the second type of contract binds the parties for a shorter period of time. The contract for training to perform a specific job lasts from 3 to 6 months, after which the juvenile receives a certificate of apprenticeship for a specific job.

The second form of employment of young workers to an employment contract for a purpose other than apprenticeship. It is limited only to light work. This type of employment is called the employment of juveniles in light work. So what jobs can they be employed for at the age of 15, 16 and 17? Light work is a job that does not pose a threat to the life, health and psychophysical development of the juvenile, and also does not hinder the juvenile from fulfilling the obligation to attend school.

Each employer defines separately for his own workplace a list of light works (in the work regulations, and if there are no regulations – in a separate act). It must obtain the consent of the doctor performing the tasks of the occupational medicine service. In addition, this list requires the approval of the competent labor inspector.

When creating such a list, the employer must bear in mind that this catalogue may not contain works prohibited from juveniles specified in the Regulation of the Council of Ministers of 1 December 1990. It is the employer’s duty to familiarize the juvenile with the drawn up list of light works before allowing him to work.

The work regulations in each workplace should indicate, m.in, these three points:

  • lists of works prohibited from juvenile workers and women,
  • the types of work and the list of workstations permitted to young workers for the purpose of apprenticeships,
  • a list of light work permitted to young workers employed for purposes other than apprenticeships.

Source: https://kadry.infor.pl/kodeks-pracy/mlodociani/5357238,Od-ilu-lat-mozna-pracowac.html

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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