Concluding an employment contract with a minor requires prior authorisation from the Labour Inspectorate. The legislation provides for restrictions on the work that minors may perform, in order to safeguard their health and their proper physical, mental and moral development.
The lists of activities prohibited for persons under 18 years of age are set out in Ordinance No. 6 on the conditions and procedure for granting permits for the employment of minors. It is important to bear in mind that these lists are not an exhaustive account of all possible prohibited work, and employers must assess the specific risks for each position.
Minimum age for work
The law sets the minimum age for taking up work at 16 years. By way of exception and under certain conditions, persons aged between 15 and 16 years may be hired.
Where is the application for a permit submitted?
The application for the issue of a permit is submitted by the employer to the Labour Inspectorate responsible for the territory where the workplace of the minor worker or employee will be located. This means that the application is not submitted according to the employer's registered seat, but according to the location of the work itself.
Documents required for the issue of a permit
In order to obtain a permit for the employment of a minor, the employer must submit the following documents:
- An application for the grant of a permit to take on a minor for work (in the approved form).
- A job description for the work that the person will perform.
- A risk-assessment card or a list of the identified risks at the workplace, accompanied by records of measurements of the working-environment factors.
- Measures to protect the health and safety of the minor worker.
- A medical opinion on the fitness of the person under 18 to perform the work in question – a copy certified "True to the original" is submitted.
- A distribution of working time – mandatory only for persons aged between 15 and 16 years.
- An individual daily schedule of study and additional activities – mandatory only for persons under 15 years of age.
Medical opinion on the fitness of the minor
- For persons between 15 and 18 years of age, the medical opinion is issued by the employer's Occupational Medicine Service. For this purpose, the minor must present a medical certificate for taking up employment from his general practitioner.
- For persons under 15 years of age, the medical opinion must be issued by a Medical Advisory Board (ЛКК). It must certify that the work will not harm the child's health and development.
Methods of submitting the application
The application for a permit may be submitted in several ways:
- In person at the relevant Labour Inspectorate.
- Via the electronic portal of the General Labour Inspectorate – for this purpose a qualified electronic signature is required. Where this method of submission is used, the permit or the refusal is likewise provided through the e-portal.
- Through the Secure Electronic Delivery System – the Labour Inspectorate will provide its decision to the employer through this system.
- By post or through a licensed postal operator – the permit or the refusal will be sent to the address indicated by the employer.
- By e-mail – if the employer expressly indicates a wish for this.
Fees and time limits for the issue of a permit
For the issue of a permit, no state fee is payable.
Where irregularities or omissions are found in the documents submitted, the employer is given a period to rectify them, which may not be shorter than 5 days.
The Labour Inspectorate issues a permit or pronounces a refusal within a 7-day period from:
- the date of submission of the documents;
- the date of rectification of the irregularities found.
Validity period of the permit
A permit for the employment of a minor issued by the Labour Inspectorate remains in force until one of the following events occurs:
- Termination of the employment contract for which the permit was issued.
- The worker or employee's reaching the age of 18.
- Withdrawal of the permit by the Labour Inspectorate.
Appealing against a refusal
If the Labour Inspectorate pronounces a refusal to issue a permit for the employment of a minor, that decision may be appealed against through the courts.
If you need legal advice or assistance in connection with the termination of employment contracts and challenging the lawfulness of a dismissal, contact us on telephone 0887550706 or by e-mail: [email protected]
