In the current context of labor market regulations, a particularly important aspect is the employment of minors. The current legislation strictly establishes the conditions and limits under which young people can be employed, ensuring the protection of their rights and guaranteeing a balance between early professional development and the need to complete compulsory education.
According to the provisions of the Labor Code, any natural person acquires the ability to work upon reaching the age of 16. By way of exception, it is stipulated that a natural person may enter into an employment contract as an employee upon reaching the age of 15, with the consent of their parents or legal representatives, for activities suitable to their physical development, skills, and knowledge, provided that these do not endanger their health, development, and professional training. Thus, the withdrawal of their consent results in the termination of the employment contract by law. Furthermore, employment in heavy, harmful, or dangerous work positions is permitted only after reaching the age of 18, with these categories being established by Government decision.
The Labor Code establishes mandatory provisions regarding the working hours of young people under the age of 18, stating that their working schedule is 6 hours per day and 30 hours per week. Additionally, they are prohibited from working overtime and night shifts. Furthermore, if the daily working time exceeds 4 and a half hours, they are entitled to a meal break of at least 30 minutes.
Young people under the age of 18 are entitled to an additional vacation of at least 3 working days. Employing a minor without respecting the legal conditions regarding age or using them for activities contrary to legal provisions related to the working regime of minors constitutes an offense.
Government Decision No. 75 of 2015 regulates the performance of remunerated activities by children in the cultural, artistic, sports, advertising, and modeling fields in Romania. Specifically, the decision establishes strict rules and conditions for involving minors in these areas, considering their special protection and the need to ensure a safe and healthy working environment.
Thus, a child may perform remunerated activities in the aforementioned fields based on contracts concluded between the organizer and the parents or legal representative of the child. In the case of a child who has reached the age of 14, with the prior consent of the parents/legal representative, contracts may be concluded directly with them. Furthermore, the decision regulates the maximum number of hours per day and week that a minor can work in these fields, in accordance with their age and health condition, as well as the regularity and frequency of breaks. During the performance of regulated activities, the child is accompanied by an adult. Additionally, there is an obligation to not negatively affect the education and development of minors through these activities, ensuring they have sufficient time for school, rest, and other recreational activities.
Finally, the aforementioned decision stipulates the obligation for parents or legal representatives to submit a notice of information to the public social assistance service before the actual start of the activity. The notice of information must be accompanied by documents expressly provided for in the decision. After concluding the contract, a certified copy is sent to the public social assistance service within 10 working days from the actual start of the activity.
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Ana Maria Nistor – Attorney at Law
