Which restrictions are there if foreign young people want to work temporarily?

Which restrictions are there if foreign young people want to work temporarily?
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Belgium

Starting from 16 years it is permitted persons to work.

For non-EU-citizens: working licence is needed.

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Bulgaria

Every Bulgarian citizen and citizen of other country – member of the European Union and of other country – party of the Agreement for European Economic environment or of Switzerland Confederation who seeks a job can register in the territorial department of the Employment Agency.

There are age limits for persons, working under labour relations. Persons who have not reached 18 years of age can not be employed. There are some exceptions – employment of persons, reached 16 years of age, but the rules and conditions for this to be done are specific and oblige the employer to have higher requirements about safe working.

Bulgarian legislation provides special protection to working children and young persons who have not reached majority, by defining the minimum age for job employment, possible exceptions and specific labour conditions, which the employers have to have in mind when employing minors. The basic legal texts can be found in the Labour Code, Ordinance № 6 of the Ministry of Labour and Social Policy for the rules and conditions for issuing work permits to persons who have not reached 18 years of age and Ordinance for work of persons, who have not reached 15 years of age of the Council of Ministers.

The minimum age is for job employment is 16 years. Job employment is forbidden for persons who have not reached 16 years. As an exeption persons from 15 to 16 years of age can be employed for jobs, which are light and are not dangerous or harmful for the health and right physical, mental or moral development and which implementation wouldn’t be an obstacle for a regular school attendance or for participation in programs for professional orientation or education.

Also as an exception as students in circuses girls reached 14 years of age and boys reached 13 years of age can be employed and for the participation in filming, preparation and staging theatrical or other performances, persons, who have not reached 15 years of age can be employed, after lighter conditions and according to the requirements for their right physical, mental and moral development. The labour conditions in these cases are defined in the abovementioned Ordinance of the Council of Ministers.

For young persons from 16 to 18 years of age there is a prohibition to be employed for works, which are hard, dangerous or harmful for their health or for their right physical, mental and moral development.

A general condition for job employment for children, who have not reached majority is the performing of medical examination and medical conclusion, that they are able to do the job and that it will not harm their health and their right physical and mental development and after the permission of the labour inspection for every case.

Concerning the employed children and young persons who have not reached majority the Labour Code states a limit for the total working hours – to 40 hors a week, for employees, who have not reached 18 years of age there is a possibility for a limited working hours.

From which age on are young people allowed to work?

The minimum age for job employment is 16 years of age. It is prohibited to employ persons, who have not reached 16 years of age. As an exception persons from 15 to 16 years of age can be employed for works, which are not hard, dangerous or harmful for their health or for their right physical, mental and moral development and which implementation wouldn’t be an obstacle for a regular school attendance or for participation in programs for professional orientation or education. Persons who have not reached 16 years of age are employed with the permission of the labour inspection, issued in every exact case. As an exception a labour relation between the guardians of the person, who have not reached 15 years of age and an employer can be formed when it concerns the participation in the creating works of art, filming TV programs, etc. – Ordinance of the Ministry of Labour and Social Policy for the order and conditions for labour for persons, who have not reached 15 years.

Is it possible to spend working holiday in your country?

Such possibilities are not explicitly regulated in the Bulgarian legislation, except in the abovementioned order: According to art.18 para 1 from the Law for stimulating of employment every Bulgarian citizen and citizen of other country – member of the European Union and of other country – party of the Agreement for European Economic environment or of Switzerland Confederation who seeks a job can register in the territorial department of the Employment Agency.

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Denmark

The following rules apply to Danes and for travelers to Denmark, regardless of nationality. Juvenile under 18 years must not work in the following areas: with dangerous tools, equipment or hazardous work processes. They must not start work before 6.00 am  and they must not finish later 2.00 pm on school days, except when the young person is working with an adult. The maximum weekly working time must not exceed 40 hours.
Children between 13 to 15 years of age may only perform light work, not with machinery. The working hours must not exceed 2 hours on school days. On other days they are allowed to work up to 7 hours per day (max. 35 hours per week in the holidays).
Children under 13 must not work, excluding any cultural and artistic activities. A police permit must be obtained in advance. (ativities such as sports, theater,advertising, radio and TV, concerts) In the processing of the application age, health, social environment, frequency of treatment etc. is taken into account.
See the law in its full length in the Reulation No. 239 of 6th April 2005 of the Labor Inspectorate („Arbejdstilsynet): www.at.dk/sw12593.asp

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Germany

The youth employment law prohibits work for children under 13 years of general and limited the opportunities for minors through restrictions according to age.

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Estonia

Generally from 15. In under certain conditions from 7 (Employment Contacts Act).

§ 7 Entry into employment contracts with minors:

(1) An employer shall not enter into an employment contract with a minor under 15 years of age or a minor subject to the obligation to attend school, or allow such minor to work, except in the events provided for in subsection (4) of this section.

(2) An employer shall not enter into an employment contract with a minor or allow a minor to work if the work:

1) is beyond the minor’s physical or psychological capacity;

2) is likely to harm the moral development of the minor;

3) involves risks which the minor cannot recognize or avoid owing to their lack of experience or training;

4) is likely to harm the minor's social development or to jeopardise their education;

5) involves health hazards to the minor arising from the nature of the work or from the working environment.

(3) The list of the work and hazards specified in clause (2) 5) of this section shall be established by a regulation of the Government of the Republic.

(4) An employer may enter into an employment contract with a minor of 13-14 years of age or a minor of 15-16 years of age subject to the obligation to attend school and allow them to work if the duties are simple and do not require any major physical or mental effort (light work). Minors of 7-12 years of age are allowed to do light work in the field of culture, art, sports or advertising.

(5) The types of light work which may be done by minors shall be established by a regulation of the Government of the Republic.

(6) An employment contract made in breach of the restrictions specified in this section is void.

Is it possible to spend working holiday in your country?

It is possible.

Estonian legislation is based on:

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work

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Finland

A young person 14 + years (it is enough that a person turns 14 during the same year) can be hired for temporary work. This work, however, can last maximum 6 months and should be arranged to happen during school holidays. Young person can also work besides going to school, but in this case the work should be very light and last for a short period of time. We don't have the system of working holiday in our country.

Finnish employment offices are part of the EURES employment exchange system of the European Commission. The system provides guidance, information and employment exchange services for those who seek jobs in another European country. It is also a forum for employers to advertise vacancies and to recruit employees.

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France

Every citizen of the European Union is allowed to work in compliance with Labour Code. Minors are allowed to work from 16 years of age with parental consent.

Working hours are strictly regulated by law. Night work is prohibited for minors. Minors between 14 and 16 years of age are allowed to do “light work”. You will find the potential activities and conditions about work for minors between 14 and 16 years of age in articles L4153-1 following of the Labour Code.

A young foreigner (non-EU-citizen) between 16 and 18 years of age who seeks a job or a practical training needs a labour permitin advance.

Young foreigners under 16 years of age can get a work permit temporarily in exceptional cases (particularly for an apprenticeship).

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United Kingdom

No restrictions for EU nationals. Non-EU nationals are generally not permitted unless they have a work permit. Young people are allowed to work from the age of 13 (with restrictions). Working holidays are possible in the United Kingdom.

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Greece

Matters concerning residence and work of aliens in Greece come under the responsibility of the Ministry of Employment and Social Protection of Migration Policy and Social Incorporation/ Ministry of Interior.

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Ireland

There are no restrictions for EU citizens (except citizens of Romania and Bulgaria).

More information see: http://www.entemp.ie/labour/workpermits/bulgariaromania.htm

Non-EU citizens require a labour permit: http://www.entemp.ie/labour/workpermits/bulgariaromania.htm

Youth may work starting from 16 years from 6.00 to 22,00 o'clock and maximally 40 hours per week. „Light work“ is permitted for 14 and 15 years old youth.
 

“Working Holidays” are allowed.

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Italy

The minimum age for employment is 15 years, coinciding with the end of compulsory education. This minimum is raised to 16 years in special cases, as provided for in Article 3 of Act No. 977 of 17 October 1967, Occupational Safety for Children and Teenagers.

The same principle applies for foreign teenagers, except for the need to regulate their stay in Italian territory in accordance with the laws in effect. There is an option available to collect experience in unpaid "work camps," which are organized by associations of the volunteer services.

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Croatia

Pursuant to the provisions of the Foreigners Act, an foreigner may work in the Republic of Croatia further to an issued stay and work permit or a work registration certificate, unless provided otherwise in this Act.

Pursuant to the provisions of the Labour Act, it shall be prohibited to employ a person under fifteen, of fifteen or above fifteen years of age and under eighteen years of age who is still subject to compulsory full-time elementary schooling.

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Latvia

Labour law provides:

(1) It is prohibited to employ children in permanent work. Within the meaning of this Law, a child shall mean a person who is under 15 years of age and who until reaching the age of 18 continues to acquire a basic education.

(2) In exceptional cases children from the age of 13, if one of the parents (guardian) has given written consent, may be employed outside of school hours doing light work not harmful to the safety, health, morals and development of the child. Such employment shall not interfere with the education of the child. Work in which children may be employed from the age of 13 shall be determined by the Cabinet.

(3) In exceptional cases if one of the parents (guardian) has given written consent and a permit from the State Labour Inspection has been received, a child as a performer may be employed in cultural, artistic, sporting and advertising activities if such employment is not harmful to the safety, health, morals and development of the child. Such employment shall not interfere with the education of the child. The procedures for issuing permits for the employment of children as performers in cultural, artistic, sporting and advertising activities, as well as the restrictions to be included in such permits with respect to working conditions and employment conditions, shall be determined by the Cabinet.

(4) It is prohibited to employ adolescents in jobs in special conditions which are associated with increased risk to their safety, health, morals and development. Within the meaning of this Law, an adolescent shall mean a person between the ages of 15 and 18 who is not to be considered a child within the meaning of Paragraph one of this Section. Work in which the employment of adolescents is prohibited and exceptions when employment in such jobs is permitted in connection with occupational training of the adolescent shall be determined by the Cabinet.

(5) An employer has a duty, prior to entering into an employment contract, to inform one of the parents (guardian) of the child or adolescent regarding the assessed risk of the working environment and the labour protection measures at the relevant workplace.

(6) Persons under 18 years of age shall be hired only after a prior medical examination and they shall, until reaching the age of 18, undergo a mandatory medical examination once a year.

(7) Aliens (persons who are not Latvian citizens or non-citizens) may be employed only if they have received a work permit, except in the cases specified in regulatory enactments.

In several bilateral agreements Latvia has entered there is provided possibility for young persons to spend working holiday in Latvia without the need to obtain.

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Lithuania

Labour Code regulates all work relations, including the work of minors. Children between the ages of 14 and 16 are allowed to do light work, when the nature of the particular tasks and conditions of performance do not jeopardize children's safety, health, development, school attendance and education under compulsory education training programmes, access to educational assistance. The employer shall employ a child of 14-16 years of age, if he/she has received a written consent regarding the labour of the child, from one of the parents or another representative of the child under the law, a medical certificate issued by a personal health care authority stating that the child is fit for the relevant work, and during the school year, the school, which the child attends, has given a written consent for the child to work. Shorter working time for children of 14-16 years of age, engaged in work that is light to do outside the school year, when working for at least a week, is established. They are allowed to work for up to 6 hours per day, 30 hours per week (7 and 35 hours respectively). It was also established, that the working time for children of 14-16 years of age between six and seven o’clock in the morning before school is forbidden, the annual leave or unpaid leave during school holidays shall be granted upon their request, they shall be granted at least fourteen consecutive calendar days of annual leave or unpaid leave during the summer holidays, children of 16 years of age shall be granted at least fourteen consecutive calendar days of annual leave or unpaid leave during the summer holidays provided that they are on full-time summer vacation for that year. 

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Luxembourg

In accordance with the Act of 22 July 1982 on the Employment of Students, persons between the ages of 15 and 25 who are registered in a school in Luxemburg or abroad may work for a maximum of 2 months during their school vacation. If the minor does not meet these criteria, the normal provisions of labor law apply and the person in question may require a residence or work permit.

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Malta

Foreigners may not work in Malta without a work permit.

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Netherlands

You need a work permit to work in the Netherlands and a permit to legally reside in the Netherlands (verblijfsvergunning / residence permit).

From 13 years on young people can do (light) work.

Holiday Work: When you have a work permit and a residence permit.

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Austria

In order to be allowed to work as a minor during the vacations, the following requirements must apply in principle:

  • the minor must be at least at age of 15
  • termination of mandatory time in school (ninth grade)

There are no restrictions on the labor market for minors from the EU countries. Minors from non-EU countries need an official employment permit.

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Poland

The Ministry of Economics, Labor and Social Policy, which is responsible for this question, informs us that the long-term employment of children under the age of 16 is prohibited under Article 65 Paragraph 3 of the Constitution. Permissible forms and types of employment are determined by law.

Part 9 of the Labor Code deals with questions relating to the employment of adolescent workers (Articles 190 ff). According to the Labor Code, an adolescent is a person who is greater than 16 but less than 18 years of age. The employment of persons under the age of 16 is prohibited.

At the same time, it should be stressed that, in accordance with the Labor Code, employment is defined as the performance of work based on an employment contract, appointment, election or nomination (Article 2). This information therefore encompasses provisions relating to work based on the aforementioned principles, i.e. work performed within the context of an employment relation. Provisions governing work performed based on civil law contracts (e.g. contracts for works and services, fee contracts) can be found in the Civil Code and the Ministry of Justice is responsible for their interpretation.

According to the provisions of the Labor Code, employment may only be extended to adolescents who have completed high school and who present a note from a physician stating that this type of work is not hazardous to their health. Adolescents with no professional qualifications may only be hired for vocational training purposes. The principles and conditions of vocational training and the principles of compensation for adolescents during this period are defined in the Ordinance of the Council of Ministers on Vocational Training of Minors and their Compensation of 28 May 1996 (Official Journal No. 60, Item 278 with amendments). Detailed procedures for the conclusion and termination of employment contracts for vocational training are determined by the provisions of Articles 194 through 196 of the Labor Code. In light of the purpose of this study, it appears necessary to discuss these rules in greater detail. The most important rules for the purposes of this study are those governing the employment of minors for purposes other than vocational training.

Other than employment for vocational training purposes, the Labor Code allows for the employment of adolescents for light work based on an employment contract. The rules for such employment relations are defined in Article 200 and the ensuing Articles of the Labor Code. Under those provisions, light work may not pose a hazard to the life, health and physical and mental development of the adolescent. It also must not interfere with the adolescent's compulsory education. The employment compiles a list of light work with the permission of a physician who practices labor medicine. This list must be approved by the responsible labor inspector. The list of light work may not include work which is prohibited by Ordinance of the Council of Ministers of 1 December 1990 (Official Journal No. 85 Item 5000 with amendments). The list of light work is determined by the employer in the work rules. Employers who are not required to adopt work rules place the list of light work in a separate legal act. The employer is obligated to acquaint the adolescent with the list of light work before the work begins.

Pursuant to Article 200 of the Labor Code, the employer determines the total hours and the division of the hours to be worked by adolescents who are employed for light work. However, the weekly learning hours evident from the lesson plan or school schedule must be maintained.

The working hours of adolescents during the school year may not exceed 12 hours a week. On days when the adolescent takes part in instructional units, the workload may not be greater than 2 hours. Adolescents may not work more than 7 hours a day and 35 hours a week during their vacation from school.

Adolescents under the age of 16 years may not work more than 6 hours a day. The time limits designated above also apply if the adolescent is employed by more than one employer. Before an employment relation can be entered into, the employer is obligated to obtain from the adolescent a statement regarding the latter's employment or non-employment by other employers.

All adolescent employees who perform light work must undergo prior examinations before they can be employed, as well as routine examinations during the course of their employment, regardless of whether they were employed for the purpose of vocational training or for another reason.

The working hours of adolescent employees are determined in a specific way. The working hours of an adolescent worker may not exceed 8 hours a day. Adolescents may not work overtime or nights. For adolescents, "nights" are considered to be the hours between 10:00 PM and 6:00 AM. The work break, which includes the night hours, may be no less than 14 uninterrupted hours. Adolescents have the right to 48 hours of uninterrupted rest each week, including Sundays.

On 1 January 2004, the Act of 14 November 2003 amending the Labor Code and other laws took effect (Official Journal No. 213, Item 1081), under which a new Article, Article 304, was adopted into the Labor Code. This provision imposes restrictions on child labor and gainful activity by children up to and including the age of 16. This provision relates to work and other gainful activity which are not performed based on an employment contract, i.e. work which is not performed within the context of an employment relation.

Under this statute, children under the age of 16 may work only for institutions performing activities in the cultural, athletic, advertising and artistic spheres. It is also necessary to obtain the consent of the parent, legal guardian and labor inspector. The competent labor inspector is to issue a permit on the application of the institution. The inspector may refuse to issue a permit if performance of the work or gainful activity represents a hazard to the life, health or physical and mental development of the child, or if it interferes with the child's compulsory education.

The following is to be attached to the application:

-written consent from the parent or legal guardian that the child is allowed to perform the work or gainful activity;

-an opinion from a psychological/pedagogical advisor finding no objections to performance of the work or gainful activity by the child;

-a note from a physician allowing the child to perform the work or gainful activity.

With respect to the compulsory education of children during the period in which they are working are exercising another gainful activity, an evaluation must be obtained from the responsible director of the school which the child is attending.

The permit should include:

- personal information about the child and the legal guardian or representative;

- designation of the institution which is exercising the activity provided for in § 1;

- designation of the type of work or other gainful activity which may be performed by the child;

- designation of the time frame during which the child may perform the work or other gainful activity;

- designation of the daily workload for the work or other gainful activity;

- other information which may be needed for the welfare of the child or based on the type and character of the work and the conditions of the work or gainful activity.

The permit is to be revoked by the competent labor inspector on the application of the parent or legal guardian. The inspector is authorized to revoke the permit ex officio if it is found that the conditions under which the child is working do not conform to the conditions defined in the permit.

Article 304 of the Labor Code will remain in effect through 1 May 2004, i.e. until Poland's accession to the EU.

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Portugal

There are no restrictions except: The person has to be 16 years of age. The employer have to observe job norms and safety standards concerning apprenticeship, working hours and hygiene. German youth are allowed to spend working holidays in Portugal.

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Romania

There is still no information

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Sweden

Children from age 13 are allowed to do certain light work no more than 12 hours per week. Persons from the European Economic Area do not require a work permit.

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Slovakia

Labour Code says about limits to enter the employment that relate to the art. 32 of the Convention.

Capacity of natural persons in employment relations have rights and obligations as an employee of a character's own legal acts to acquire these rights and to take these obligations arise if there is further provided, the date when the individual turns 15 years of age, the employer may not agree as day to start work the day prior to the date when the individual ends compulsory schooling.

The work of natural persons under the age of 15 years of age or physical persons work more than 15 years to the end of compulsory schooling is prohibited. These individuals may perform light work, which by their nature, scope and endanger their health, safety, their further development or schooling only when

a) performing or fellowship at performance for cultural performances and art shows,

b) sporting events,

c) promotion activities.

Output light allows for the employer's request, the Labor Inspectorate, in agreement with the competent authorities of public health. The authorization shall determine the number of hours and conditions under which they may perform light work. The labor inspectorate shall withdraw approval if permit conditions are not respected.

The physical person that did not reach the age of 15 years may exceptionally take easy jobs that do not endanger his/her health, safety, future development or school attendance at performing or participating in cultural and art performances, sport and advertising activities by their character and extent. The physical persons that did not reach the age of 15 eyars are permitted to perform easy jobs by a relevant labour inspectorate after agreement with the occupational safety body. In the permit the number of hours and conditions under which the job can be done are defined.

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Slovenia

Young people who are citizens of European Union or citizens of Lichtenstein, Norway, Island (European economic region/space) or Switzerland have free access to Slovenian labour market and do not need a working permit. Young people who are citizens of third countries need working permit if they would like to work in Slovenia.

Employment relationship is entered into by employment contract. An employment contract may be concluded by persons who have reached the age of 15, otherwise the employment contract is null and void. Work may be carried out also on the basis of civil law contracts in cases laid down by law.

Students may also work temporarily through special students agencies but they must have a student status in Slovenia, which means that they have to study in Slovenia. Otherwise foreigners can only perform non profit work which is organized as youth camps and other periodical ways of cooperation of young people on international level and is organized by authorized organizations, schools, institutions, ministries or local communities.

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Spain

Children under 16 cannot legally work in Spain, even if they are foreigners. People over 16 and under 18 need permission from their parents or legal guardians.

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Czech Republic

Foreign Nationals may work if they have a work permit and a visa. There are some exceptions in favour of students and persons which activities at least are taking no longer time than law provides. You are allowed to work from 15 years. In exceptional case you can also work from 14.

Labor Code - zákon č. 65/1965 Sb.,zákoník práce; Employment Act - zákon č. 1/1991 Sb., o zaměstnanosti

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Hungary

You are allowed to work on 60 days per year with a seasonal work permit. You don´t need a work permit in fact you are working in agriculture (plant breeding, animal breeding, fishing).

Young people are allowed to work from 16 years ago with a seasonal work permit. Pupils are allowed to work from 15 years if their parents will agree.

Working holidays are allowed under the above conditions.

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Cyprus

According to the law in Cyprus young people are allowed to work from 15 years and above with exceptions if it´s a family business.

Foreign young people may work starting from 18 years.