On September 30, a new regulation on the list of work prohibited for young workers and their employment conditions came into existence. When and under what conditions can a minor be employed? What changes do the new regulations introduce?
The Labor Code specifically regulates the employment of young people, namely those who have reached the age of 15, but not yet 18. They are always employed under an employment contract, exclusively for light duties or vocational preparation, and the assigned work should not hinder the performance of school duties.
The regulation on the list of work prohibited for young workers and their employment conditions for some of these works (Journal of Laws 2023 item 1240) includes a list of works prohibited for minors, and a list of works conditionally allowed for young people over 16 years of age, if it is necessary for them to undertake vocational preparation and if the work is not of a permanent nature. “The new rules adapt legal regulations to current standards regarding the employment of young people, taking into account, for example, technological changes that have taken place in recent years,” explains Magdalena Włastowska, Director for Business Development at W&W Consulting. ” Current ordinance includes changes concerning, among others, the removal of certain professions from the catalog of prohibited works, the expansion of the catalog of works threatening mental development, the change in minimal temperatures for outdoor works and the determination of limit values for loads in manual transport works,” she adds.
What does an employer need to remember?
The issue of employing young people is particularly stringent and is overseen by the inspectors of the National Labor Inspectorate. Not only are formal employer activities checked, but also the actual conditions of employment of young people, including checking for which types of work they have been assigned. An employer employing young people must take the necessary actions to ensure their safety and specific health protection during work, taking into account that young workers are more exposed to risk due to lack of experience, limited awareness of potential hazards, and incomplete physical and mental maturity. The admission of a minor to work that is legally permitted for them is based on a risk assessment related to the work to be performed, made by the employer before starting work or when changing the work organization.
The job risk assessment includes:
- evaluation of the equipment and organization of workstations and workplaces for young people,
- organization of work processes and their connections,
- identification of chemical, dust, physical, and biological factors present in the young person’s work environment, their impact on the young person’s organism, the degree and period of exposure to these factors, and protective measures,
- the form, scope, and manner of using workplace equipment, including machines, tools, and equipment,
- the scope and level of training and instructions given to young people.
You should also remember about:
- updating work regulations in terms of the list of work prohibited for young people,
- providing appropriate training in safety and occupational health,
- adjusting the type of work, providing appropriate conditions, breaks, and working hours,
- providing the young person with required personal protective equipment, work clothes, and footwear free of charge.
The regulations also indicate that employers should provide constant supervision by persons authorized to conduct practical vocational training over the work performed by young people. “Admitting young people to work is a complex issue that requires carefulness and strict adherence to regulations. The employer has a duty to care for the well-being and development of young workers, providing them with safe and suitable working conditions and respecting all applicable regulations. It’s worth remembering that employing a young worker can present an opportunity for their learning and development, provided it is well planned and supervised, and safety is put first,” concludes Magdalena Włastowska, Director for Business Development at W&W Consulting.
