Youth Employment Protection - Working-in-Germany
 
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Youth Employment Protection


Definition, Explanation

Youth Employment Protection is regulated by the Protection of Young Persons at Work Act (Jugendarbeitsschutzgesetz) and the children occupational health and safety regulation. Their purpose is to protect young people in such a way that their health remains unendangered and their development proceeds undisturbed. Thereby, youth employment protection is part of labour law as well as of occupational health and safety and of child protection.

Youth employment protection applies to persons who

  • are younger than 18 years and
  • are in apprenticeship
  • or work as employees, also home workers or in similar kinds of work

Children below the age of 13 principally must not be employed at all. For this youngest age group, there is only one exception for participation in theater- music-performances, movie- and TV-productions which has to be permitted by the trade supervisory center in each individual case, on the parents’ request.

All children who are older than 13 years and younger than 15 years, and all juveniles below age 18 who are still in compulsory full time school attendance, are subject to the prohibition of child labour with special regulations for light kinds of work.

Young persons in compulsory fulltime school attendance (older than 15 years, younger than 18 years) may, unlike children, work in a holiday job, whereas respective regulations have to be complied with.

Fewer constraints by youth employment protection are put on work that is done

  • as a favour
  • due to family situations
  • in institutions of youth welfare service and of disabled-integration

Compulsory, by youth employment protection:

  • Medical certificate is required for starting a job
  • A medical re-examination after 1 year whose result must be handed to the employer at the latest 14 months after the job has been started. Without the result document, no further employment is legal
  • Non-compulsory: a voluntary medical examination after 2 years from the start in the job

Constraints on the kind of work:

  • No work that exceed performance capacities (only exception if required for education)
  • No work involving special accident hazard (only exception if required for education)
  • No work involving heat, refrigeration, noise, radiation, health-hazardous substances (only exception if required for education)
  • No piece work
  • Daily working hours are limited to 8 hours maximum, or 8 ½ if weekly working hours are no more than 40
  • Working only on 5 days of the week (Monday to Friday)
  • No working on Saturdays, Sun- and Holidays. Exception: in hospitals, gastronomy, sports, medical emergency service
  • rest periods
    • 30 minutes for more than 4 ¼ and fewer than 6 working hours per day
    • 60 minutes for more than 6 working hours per day
  • Uninterrupted daily free time of at least 12 hours
  • Prohibition of night employment, from 8 pm to 6 am. Exceptions: gastronomy (from 10 pm), shift work (from 11 pm), agriculture (from 9 pm to 5 am), bakeries (to 5 am, and to 4 am if age 17)
  • Exemption from work during professional school classes
  • Vacation
    • at least 30 work days for juveniles below age 16
    • at least 27 work days for juveniles below age 17
    • at least 25 work days for juveniles below age 18

Compliance with Protection of Young Persons at Work Act (Jugendarbeitsschutzgesetz) is controlled by the trade supervisory center or the occupational health and safety authority. In the mining industry, the responsible authority is the mining office. For violations, considered as misdemeanours or criminal actions, penalties of up to 15,000 Euros can be inflicted. Once an employer has been sentenced to a penalty three times, he must no longer employ juveniles.

Tips, Checklist

  • Get the entitlement certificate for free medical examination at your registration office
  • Expenses of the medical examinations are paid by the Federal State
  • You can be exempt from your work without loss in remuneration, for one of the medical examinations provided for by youth employment protection (see above)
  • Avoid handling material and substances you are allergic to
  • In case you have questions or problems, consult your trade supervisory center



Last update: 08/03/2010
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