Is 5 7 short for 15 years old
The Youth Labor Protection Act: What rights do young people have?
Internship, part-time or vacation job - lots Children and adolescents want workto supplement your pocket money or to get a taste of the professional world for the first time. Or they are about to begin professional training. They still have their professional lives ahead of them.
Young people are often not yet able to cope with the world of work: they lack the necessary experience. They are not yet able to correctly assess the dangers and often their own limits. Also, young people usually do not know their rights and duties very well, so that their ignorance and inexperience can easily be exploited. For this reason, children and young people are under special protection. Special features apply to them in labor law.
In a nutshell: Youth Employment Protection Act
The Youth Employment Protection Act applies to young people from 15 to 18 years of age. Apprentices who are older than 18, on the other hand, can no longer rely on this law.
The protection of young people at work is aimed at paid employment, regardless of whether it is an apprenticeship, a part-time job or casual work. In addition, the Youth Labor Protection Act also applies to internships.
The working hours for underage employees are strictly regulated: no more than eight hours per day, no more than 40 hours per week and no shift longer than ten hours. In addition, special rules apply to breaks, the length of leisure time and the night's sleep.
With the Youth Labor Protection Act and the Child Labor Protection Ordinance A legal framework was created to help young people from the dangers at work as well as from excessive demands and excessive stress to protect.
This guide primarily focuses on that Youth Labor Protection Act and gives a summary of the most important issues and rights of minors.
Specific information on the protection of young people at work
Youth Labor Protection Act: Scope
The Youth Labor Protection Act applies in Germany to training and paid employment. It protects everyone who not yet 18 years old. The Youth Labor Protection Act no longer applies to trainees who are already over 18 years of age.
When an employer employs young people, he must have one in his company display the printed version of the Youth Labor Protection Act.
The child labor protection regulation is with KindArbSchV abbreviated.
Child labor is prohibited. Basically, children should not work at all according to § 5 JArbSchG. However, there are some exceptions to this ban. Children may be employed in the following cases:
- as part of a Internship
- light work for children over 13 yearsif the parents agree and a daily working time of two hours is not exceeded
- student from 15 years allowed to four weeks during the holidays work per calendar year, but not more.
- If a juvenile judge to the youth by judicial order "social hours" prescribed, these are to be performed.
- When children at concerts, in the theater or to participate in similar events is a special one for this Exemption required.
The Youth Labor Protection Act regulates paid employment
The Youth Employment Protection Act applies to as good as any work that is paid. It does not matter whether it is a training is or is one Part-time or casual job. But also Internships are included.
However, there are certain jobs that are not covered by this law.
With minor assistance, e.g. B. in the household or when renovating or when the elderly neighbor cannot do the shopping alone, Minors cannot excuse themselves by referring to the Youth Labor Protection Act.
Working hours according to the Youth Labor Protection Act
As daily work time applies to the time from the beginning of the employment until its end. Rest breaks are not part of work.
For the Calculation of the weekly working time must always be the period from Monday to Sunday be considered.
The calculation is done here from the beginning to the end of daily occupation. While taking off your jacket and fetching coffee are not considered work, those do count Prepare the workplace as Theses definitely during working hours. The Material issue and the Cleaning the machines and the workplace before the end of the day therefore belong to the employment period.
Travel time from home to the company and back, however, apply not as working time. The Away from the company to another job, e.g. B. to the construction site is always as working hours to be taken into account.
If the work in the morning is not in the company, but z. B. starts on a construction site, must be the time for that Travel time counted as working time become, if it takes considerably longer than the usual way from home to work. This is the case, for example, when the way to the construction site takes half an hour longer.
Youth Labor Protection Act: 8 hours a day and a maximum of 40 hours a week.
absolute Upper limit for young people is the 40 hour week. A working day is allowed for them a maximum of 8 hours last. According to the Youth Employment Protection Act are overtime a taboo for underage employees.
However, like adults, underage employees would also like to start the weekend earlier. That is possible if they work Monday through Thursday respectively 8.5 hours work and on Friday then accordingly shortened. This is permitted according to § 8 JArbSchG. This enables young people to benefit from flexible working hours come.
§ 8 JArbSchG still sees further exceptions before: If Young people over 16 years of age in the Agriculture work, they are allowed up to 9 hours a day work. In this case are up to 85 hours per double week permissible.
A deviation is also possible on so-called bridge days: If, for example, the company is closed on a Friday because Thursday is a public holiday, then the time missing on Friday can be worked on or post-processed.
Shift time: Working time + breaks = a maximum of 10 hours
in the Mining underground this limit was even raised eight hours degraded. In the gastronomy, the Agriculture, in the livestock farming as well as on Construction and assembly sites may she open eleven hours be extended. Also through Collective agreement the shift time is allowed extended by a maximum of one hour become.
The 5-day week applies to young people (Section 15 JArbSchG)
Many young employees wonder whether they have to work on Saturdays according to the Youth Labor Protection Act. The Saturday is generally free for minors. And they are also not allowed to work on Sundays and public holidays. The Youth Labor Protection Act calls this Rest on Saturdays, Sundays and public holidays (§§ 16 - 18 JArbSchG).
In some industries, however, this cannot be complied with. Especially in the Healthcare, in the gastronomy, the Agriculture and in Transportation consists of a whole different work rhythm. Here it is necessary to work on weekends or on public holidays. These particularities are taken into account by
the Youth Labor Protection Act for the catering and other industries allows appropriate exceptions. But even in these cases you have to at least two Saturdays a month free of work stay.
If a young person works exceptionally on the weekend or on a public holiday, he has Entitled to another day off in the same week.
This principle of the 5-day week may also be deviated from in collective agreements.
Daily work from 6 a.m. at the earliest to 8 p.m. at the latest
Young people can start work at six o'clock at the earliest. And no later than 8 p.m. is according to the Youth Labor Protection Act. This is regulated in Section 14 (1) JArbSchG.
Because this is not possible in all industries, see § 14 JArbSchG also from this Exceptions in front:
|Branch||Age limit||Earliest start of work||Latest end of work|
|bakery||16 years||5 o'clock||8 p.m.|
|bakery||17 years||4 o'clock||8 p.m.|
|Pastry shop||16 years||5 o'clock||8 p.m.|
|Agriculture||16 years||5 o'clock||21 clock|
|Shift operations||16 years||6 o'clock||23 o'clock|
|Gastronomy||16 years||6 o'clock||22 O `clock|
|Fairground trade||16 years||6 o'clock||22 O `clock|
The exceptions to the after-work regulation do not apply to the vocational school day if the lesson begins before 9 a.m. Then young people have to finish work by 8 p.m. at the latest.
Also have to between the end of the day and the start of work the next day at least 12 free hours lie (§ 13 JArbSchG).
Young people are entitled to fixed breaksso that they can relax from their work. Section 11 JArbSchG provides the following here graduation in front:
- Employment time is more than 4.5 hours daily: total 30 minutes Break
- Working time is more than 6 hours daily: total 60 minutes Break
The first break must be taken after 4.5 hours at the latest. Each break must last at least 15 minutes.
By Collective agreement can however Deviations be made by these regulations.
Exceptions to working hours in emergencies
The following labor law Regulations must according to § 21 Abs. 1 JArbSchG Not used in emergencies unless adults are present are: youth employment protection regulations about Working time, break regulations, shift times, free time, night rest, 5-day week, Saturday, Sunday and holiday rest. However, paragraph 2 of this provision requires that a overtime worked in an emergency compensated for in the following three weeks must become.
Vacation according to the Youth Labor Protection Act
Teenagers have one Entitlement to annual leave, which is graded according to age. In the Calculation of vacation goes the youth employment protection act of one 6-day working week out. Saturday counts as a working day.
- 15 year olds therefore have a right to 30 free working days.
- 16 year olds stands a vacation of 27 Working days too.
- 17-year-old allowed to 25 Claim working days as vacation.
For young people who live in Mining underground are busy increases the claim by three days at a time.
When young people work five working days a week, this results in the following vacation entitlement:
- Teenagers under 16 years Years: 25 Working days
- Teenagers under 17 Years: 23 Working days
- Teenagers under 18 Years: 21 Working days
No dangerous work (§ 22 JArbSchG)
Bring certain jobs high dangers and accident risks with himself. Young people are not allowed to work in these areas defined in the Youth Labor Protection Act. Section 22 JArbSchG names the following cases:
- Work that the Exceed efficiency
- With special accident risks related works
- Tasks in which young people extraordinary heat, cold or wetness are exposed
- Activities in which the adolescents are unhealthy noise or dangerous rays are exposed
- Work with them hazardous substances come into contact
Well there is, however Training occupations associated with dangerous work. In such cases, a young trainee must also learn this work, otherwise the training goal cannot be achieved. For this reason § 22 Paragraph 2 No. 1 JArbSchG allows dangerous work, if they are indispensable for the training.
Section 22 (2) JArbSchG also allows two other exceptional cases employing young people in hazardous work to:
- When a competent supervisor can guarantee the protection of the young person, he may also carry out dangerous work.
- This prohibition also does not apply if a young person is with Hazardous substances works that the Air limit value for dangerous substances do not exceed.
Instruction and health care
The employer must inform young people about accident and health risks before starting their employment. This also means that he has them correct Use of personal protective equipment informed.
Training is also necessary, at work on new machines, at dangerous workplaces and when dealing with dangerous substancese.g. acids.
Every six months must have this instruction repeated become.
In addition to dangerous work are also Piecework for young people is prohibited. This is understood to mean Activities at which the pace of work in some way is given or with the speedwith which the work is done that Amount of wages affected. A typical example is the work on Assembly line. This prohibition also applies to participation in adult groups who work in piecework.
A employment Adolescent in chord groups is exceptionally possibleif this work is carried out under supervision and this is necessary for the training. But even then, young people are allowed to do so not entrusted with piece work himself become.
Another special feature of youth employment protection is that employers do not employ a young person without a health certificate allowed to. It does not matter whether they are trainees or workers.
Youth Labor Protection Act and Vocational School
The Youth Labor Protection Act protects teaching in a special way. Young people compulsory vocational school must be paid by the employer to attend the vocational school optional become. The vocational student is allowed to no loss of pay arise.
Many trainees ask themselves whether they still have to work after class. In the following cases, they no longer have to go to the company on the day they attend vocational school:
- On a vocational school day a week with more than five lessons the vocational student is off work that day to be releasedso that he can work through the lessons. With lessons are here no time hours of 60 minutes meant, but hours of 45 minutes.
- The teenager is to be releasedwhen the vocational school as Block lessons is organized and according to the timetable, at least 25 lessons are planned on at least five days per week.
Both cases of exemption only apply to young people, but not for trainees who are already 18 years old.
The employer must release young people for exams. The trainee does not have to go to work one day before the final written examination. Also through these exemptions may no loss of pay enter.
Violations of the Youth Labor Protection Act
Various Supervisory authorities monitor compliance with the Youth Labor Protection Act. This is e.g. B. the task of the labor inspectorate and the office for occupational health and safety. In mining, this task is the responsibility of the Mining Authority.
Violations of the Youth Labor Protection Act are as per § 58 JArbSchG Administrative offenses or in particularly serious cases also as Offense punished. A violation of the Youth Employment Protection Act can result in a Fine of up to 15,000 euros be sanctioned if it is an administrative offense. Criminal offenses can with Fines and even with Imprisonment be occupied.
Violation of the Youth Labor Protection Act - table of fines (excerpt)
(per day and per adolescent / child)
|Employment of school-age young people or children||500 euro|
|Employment of school-age young people with the resulting failure to attend school||1000 Euro|
|Employment beyond the statutory daily working hours||100 euros per hour, |
100 euros for each additional half hour
|Employment beyond the statutory weekly working hours||100 euros per hour, |
100 euros for each additional hour started
|no compensation for overtime worked||100 euros per hour,|
100 euros for each additional hour started
|no exemption for attending vocational school||100 euros per hour started|
|statutory break not granted||400 euros|
|nocturnal employment of young people||200 euros up to an hour,|
then 200 euros for each additional hour
|Employment more than 5 days a week||500 euro|
|Employment on public holidays and weekends||500 euro|
|Denial of the statutory vacation entitlement||1000 Euro|
|Violation of the prohibition of dangerous work according to § 22 JArbSchG||1500 Euro|
|Violation of the prohibition of piecework||1500 Euro|
A employer, the 3 times to a Fine was convicted is no longer allowed to employ young people.(59 Ratings, average: 4,19 of 5)
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