The common misconception is that an employee is an adult who performs work for their employer. At the same time, most people believe that employing minors is completely prohibited. However, this is not true.

Who is a juvenile worker?

As a rule, a juvenile employee is someone who is at least 15 years old but under 18. It's worth noting that the Labor Code generally allows for the employment of juveniles only in two circumstances:

1. they have completed at least eight years of primary school and
2. present a medical certificate stating that the type of work does not pose a threat to their health.

What kind of work can a juvenile worker perform?

As a rule, a juvenile employee may be employed for the purpose of vocational training or for purposes other than vocational training.

In the first case, the employer is obliged to include in the employment contract in particular:

1. type of vocational training (learning a profession or training to perform a specific job;
2. duration and place of vocational training;
3. method of theoretical training;
4. amount of remuneration.

However, it is worth pointing out, which is important for the employer, that the termination of such a contract (concluded for the purpose of vocational training) is particularly restricted. This will be possible, as indicated in Article 196 of the Labor Code, only in the event of:

1. failure of a minor to fulfil his or her obligations arising from the employment contract or the obligation to continue his or her education, despite the educational measures applied to him or her;
2. declaration of bankruptcy or liquidation of the employer;
3. reorganization of the workplace making it impossible to continue vocational training;
4. determining the unsuitability of the juvenile for the work in which he or she is undergoing vocational training.

In the case of other employment contracts, a juvenile employee may only be employed for light work, meaning work that does not pose a threat to the employee's health, psychophysical development, or life. Furthermore, the work must not hinder the juvenile employee's ability to fulfill their school obligations. The list of work permitted for a juvenile employee is established by the employer, after obtaining the consent of an occupational health physician.

In conclusion, employers may employ minors. However, this is subject to specific labor law provisions. This article highlights the most important ones, relating to the type of work performed by the employee.

However, in subsequent articles we will point out additional issues that should be taken into account when employing a minor.

This article is for informational purposes only and does not constitute legal advice.

Legal status as of October 10, 2024

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Aleksandra Tomczyk

Trainee legal counsel
+48 22 856 36 60 | a.tomczyk@kglegal.pl