Is health and safety training for seasonal and juvenile workers necessary?
Seasonal work is work whose performance depends on the season and weather conditions. Examples include the autumn fruit harvest or the sale of snacks on the beach during the summer.
Employers who commission seasonal work most often choose civil law contracts because their conclusion is the easiest for them. If the work performed is not in the nature of an employment relationship, a mandate contract or a specific task contract may be signed with the employee. However, it should be remembered that when an employee performs his duties in subordination, at fixed hours, at a permanent place and under the supervision of the superior, in accordance with the regulations, an employment contract should be signed with him.
If an employer decides to employ a seasonal worker under an employment contract, he must remember that the subordinate will be entitled to all the legal provisions – for example, the right to vacation. On the other hand, this contract also brings advantages for the employer, who will have greater supervision over the employee and the certainty that the duties in a given position will be performed, and that he will not run out of hands during the high season. An employer may be concerned that such a contract will automatically become an indefinite contract after some time. Seasonal workers, however, are not bound by limits on concluding fixed-term contracts.
An employer has several options, for example a contract for the duration of a specific job or a fixed-term contract. However, it should be remembered that in a contract signed for a period not exceeding six months, a termination clause cannot be included. The second important piece of information is that the end date is not indicated in the contract for the duration of a specific job. The end of the contract is the performance by the employee of the tasks entrusted to him.
The third option is an employment contract for an indefinite period. When signing it, the employer may consider introducing the most favourable working time settlement period for his business.
Each new employee, before starting work, should learn the principles of health and safety at work. In the case of civil law contracts, initial OHS training is not obligatory, but it is recommended. Withdrawal from health and safety training does not release the employer from the need to inform the employee about the health and safety rules applicable in the company.
For people employed on the basis of an employment contract, according to the Labour Code and the Regulation of the Minister of Economy and Labour of 27 July 2004 on training in the field of occupational safety and health, health and safety training is obligatory. On the first day of employment, the employee should undergo initial health and safety training. Each OHS training, both initial and periodic, should be carried out at the employer’s expense. Moreover, the employee must undergo a medical examination before commencing work to determine whether there are any contraindications to perform a given profession. The employer should refer him to an occupational medicine doctor.
Under the Labour Code, a juvenile is a person who is 15 years old and under 18 years of age. If the young person does not have the appropriate qualifications for the position, they can be hired for an apprenticeship. The work of young people is protected, which means that the employer should pay special attention to the protection of their health. A juvenile cannot be allowed to work without valid medical examinations. If he is employed under a contract of employment, he should also undergo initial health and safety training. The same rule applies to students in apprenticeships.
To sum up, regardless of the type of contract concluded with the employee, the employer is obliged to familiarize subordinates with the principles of health and safety at work and the principles of safe operation of machines and devices that the employee will use. It should be remembered that the responsibility for health and safety always rests with the employer.
Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.
