Employing minors

With the new school year, which got under way this very week, comes an important topic: the employment of young people in Slovakia. Education and work go hand in hand for young people, which is why it is important to know the legal aspects and obligations relating to the employment of minors. Both of these spheres have an impact on the future of our young people.

The law on employment relations regulates the employment of young persons, whom it regards as employees under the age of 18, that is, persons who have not yet come of age. This group of employees enjoys special legal protection, which means that an employer planning to employ young persons must be familiar with the stricter restrictions and obligations that the law imposes on the employer.

AT WHAT AGE CAN A MINOR START DOING TEMPORARY JOBS?

The Labour Code sets a clear age from which an individual has the right and the duty to enter into employment relationships as an employee and to perform their own legal acts – and that age is 15. However, the employer must not set a working day that precedes the day on which the person completes their compulsory schooling. The employer may therefore take on only a person who meets two key criteria:

• has reached the age of 15
• and has completed compulsory schooling.

Completing compulsory schooling is therefore an important factor in employing young people. Since compulsory schooling usually lasts ten years, in practice this means that a minor can start doing temporary jobs only after completing the first year of secondary school, usually only after the summer holidays (after 31 August of the school year concerned), which usually happens after they reach the age of 16.

ON WHAT BASIS CAN AN EMPLOYMENT RELATIONSHIP WITH A MINOR ARISE?

An employment relationship can arise mainly through employment or through work agreements, which are performed outside a standard employment relationship.

The employer can conclude a written employment contract with a minor, which formally establishes an employment relationship. In addition, it can also conclude one of the various agreements on work performed outside standard employment, including agreements to perform work (dohoda o vykonaní práce), agreements on work activity (dohoda o pracovnej činnosti) and student temporary work agreements. Of course, concluding these agreements is subject to meeting the statutory conditions and requires a written document.

Does a minor worker need their parent’s consent to work? When concluding an employment contract with a young person, the employer is obliged to ask for the opinion (not necessarily the consent) of their legal representative (for example, a parent or guardian). This means that taking a minor into employment involves only asking for the parent’s opinion. The legal representative does not necessarily have to agree to their minor child being employed; their opinion alone is sufficient (a positive or negative opinion, a position).

The absence of a parent’s opinion does not automatically make an employment relationship concluded with a young person invalid. However, the employer is then in breach of employment legislation, which may result in penalties from the labour inspectorate.

A parent’s opinion is not required when concluding some agreements on work performed outside a standard employment relationship (for example, student temporary work agreements).

WHAT ELSE IS NEEDED TO CONCLUDE AN EMPLOYMENT CONTRACT WITH A MINOR?

A further legal requirement for concluding an employment contract with a young person is a prior medical examination of the young person. The employer is responsible for ensuring that a minor employee undergoes a medical examination before starting employment.

A medical examination is not required for concluding some agreements on work performed outside employment.

WHICH WORK IS PROHIBITED FOR MINORS?

An employer may employ young persons only in positions that are in keeping with their physical and mental development and do not pose a risk to their morals.

The following restrictions apply to young employees:

• A ban on overtime (working beyond the set working hours).
• A ban on night work (working between 22:00 and 06:00).
• A ban on ordering on-call duty for them or agreeing it with them.

There is, however, one exception concerning night work: a young employee who is over 16 may do night work if this is necessary for their professional development. In that case, however, the night work must not exceed one hour and must immediately follow their normal working hours.

In addition, a young employee must not be assigned to:

1. Work underground in the extraction of minerals or in the driving of tunnels or galleries.
2. Work that, in view of the anatomical, physiological and psychological characteristics of this age, is not suitable for a young person or could endanger their health.
3. Work where they would be exposed to a significant risk of injury.
4. Work that would seriously endanger the safety and health of their colleagues or other individuals.

The specific permitted and prohibited work activities and workplaces for young people are laid down in Government Regulation of the Slovak Republic No. 286/2004 Coll. Prohibited work includes, for example, work at workplaces with extreme temperature conditions, such as excessive cold or heat.

CAN A MINOR WORK AT NIGHT, AT WEEKENDS AND ON PUBLIC HOLIDAYS?

Under the Labour Code, night work is explicitly prohibited for young employees (apart from the exception mentioned above).

Public holidays (such as 1 January) and days on which employees are entitled to uninterrupted weekly rest (for example, Saturday and Sunday) are regarded as rest days. Young employees may be assigned work on these days only exceptionally, and it must be agreed in advance with the employee representatives (if there are any).

Unlike night work, work on public holidays and at weekends is not explicitly prohibited for young people. However, young employees (like all other employees, including those working under work agreements) are entitled to pay supplements for such work.

WHAT ACTIVITIES CAN A CHILD UNDER 15 PERFORM?

The generally applicable Labour Code prohibits the employment of persons under the age of 15, but provides an exception for certain types of activity.

Children who have not yet reached the age of 15 may take part only in so-called “light activities”, which by their nature and extent do not endanger their health, safety, normal development or school attendance. These activities include participation or cooperation in:

1. Cultural performances and the arts.
2. Sporting events.
3. Advertising activities.

To have these light activities performed, the employer must obtain a permit from the competent labour inspectorate, in agreement with the public health authority. The permit sets the maximum number of hours and the conditions under which children may perform these light activities.

WHAT IS THE MAXIMUM WORKING TIME FOR MINOR EMPLOYEES?

The following maximum permitted working hours apply to minor employees, depending on their age:

• A young employee under the age of 16 may work no more than 30 hours a week, even if employed by more than one employer.
• A young employee over the age of 16 may work no more than 37.5 hours a week, even if employed by more than one employer.

A young person’s working time must not exceed 8 hours in any 24-hour period. This working time must be scheduled so that the young employee has at least 14 hours of uninterrupted rest between the end of one work shift and the start of the next.

WHAT ADDITIONAL OBLIGATIONS DOES AN EMPLOYER HAVE IF IT EMPLOYS A MINOR?

In addition to observing the maximum working hours, employers also have other obligations when employing young employees:

• Duty to inform: When taking a young person into employment, the employer must inform them of the work rules, the collective agreement and the possible risks associated with their work.
• Cooperation with legal representatives: The employer is obliged to cooperate with the legal representatives of young people in dealing with important matters concerning the young people.
• Records of young employees: The employer must keep records of young employees in employment, and these records are checked by the competent labour inspectorate.
• Ban on material liability agreements: The employer must not conclude a material liability agreement with a young employee, that is, an agreement on their liability for any damage to valuables entrusted to them, until the employee reaches the age of 18.
• Drawing up a list of prohibited work: The employer is obliged to draw up a list of work and workplaces that are prohibited for young employees, in order to ensure their safety and health at work. This obligation is imposed by the Occupational Safety and Health Act.

The employment of minors in Slovakia is governed by Act No. 311/2001 Coll., the Labour Code, as amended. The conditions for employing minors are set out in Sections 115 to 121 of the Labour Code.