The hiring of minors is regulated by the Labor Code. In Article 13, paragraph 1 is provided that an individual becomes able to work at the age of 16 years. This means that a labor contract for a minor person doesn’t have a different legal regime than the one of an adult.

At the age of 16, a minor may engage in any work without consent from parents or legal guardians. In the case of minors between 15 and 16 years, the Labor Code provides in addition employment conditions and the consent of the parents or legal guardians for activities suitable physical development, skills and knowledge, if such does not compromize their health, development and professional training.

This means that, in order not to injure educational preparation, in practice the minor of 15 years can be employed only with fixed-term contract, during school holidays and part-time.

Specific elements in the employment of minors

The work schedule of minors is 6 hours / day, 30 hours / week, according to Article 112, paragraph 2 of the Labor Code. This work program is considered normal schedule in case of minors and the pay will be at least minimum salary and not prorated refund to 6 hours worked.

Minors under working conditions:

• can not perform work in jobs where conditions are dangerous or harmful, according to Article 13, paragraph 5;
• can not perform overtime in accordance with Article 124;
• can not perform night work, under Article 128;
• receive lunch break of at least 30 minutes, if the daily schedule is more than 4 hours and a half;
• benefit, besides the right to annual leave of 20 working days, of an additional 3 days of vacation under Article 147.

Since there is no special regulation for minors aged up to 18 years on the weekly rest days, they can work in weekly rest days as regulated by the Labor Code, respecting working time up to 6 hours per day.

The minor employee is obliged to comply with the conditions imposed on labor legislation by the employer during the entire payroll. It is the employer to impose appropriate legal framework.

Are you interested in a specific subject about payroll and HR administration? Write us on newsletter@smartree.com and we will write a dedicate article. More, we anounce you when the article is published. 🙂

You could also be interested in:

Legal Per Diem 2015: the Daily Allowance Increased

The Labor Code 2015: Sick Leaves Considered Seniority

The Specifics of Hiring Persons with Disabilities