Kinder- und Jugendarbeitsschutz; Beantragung einer Ausnahme vom Beschäftigungsverbot bei Mitwirkung bei Veranstaltungen

Special legal regulations apply to protect children and young people from excessive demands, overexertion and their dangers in the workplace. An exemption permit must be applied for from the relevant trade supervisory office.

The Youth Employment Protection Act is intended to protect children and young people from overwork, excessive demands and dangers in the workplace. The Act applies to the employment of all persons under the age of 18. Excluded from this are minor assistance services, insofar as these are occasionally provided as a favor, on the basis of family law regulations, in youth welfare facilities and for the integration of people with disabilities.

There are numerous employment bans. For example, the employment of children, i.e. persons under the age of 15, and young people who are required to attend school full-time is generally prohibited. As an exception, children over the age of 13 and adolescents who are required to attend school full-time may be employed to a certain extent in the light and suitable activities for children outside of school lessons as specified in the Child Labor Protection Ordinance (so-called leisure jobs). In addition, children and young people who are required to attend school full-time may complete a work placement organized by the school. The trade supervisory office can also approve the creative participation of children and young people of full-time school age in theater performances, musical performances and other events.

In contrast to children, young people over the age of 15 who are required to attend school full-time may be employed for up to 8 hours a day from 6 a.m. to 8 p.m. for a maximum of 4 weeks per calendar year during the school vacations. During this time, they may also complete a self-organized trial apprenticeship for career orientation.

Taster apprenticeships are not permitted for young people under the age of 15 who are required to attend school full-time or for pupils under the age of 15 who are required to attend school full-time, as there is no exception to the ban on child labor. For them, there is the possibility of completing an informal company visit with a tour and demonstration to get to know training occupations for career orientation without an employment relationship within the meaning of the Youth Employment Protection Act being established between the company and the pupil. Further information on this can be found on the homepage of the Bavarian Trade Supervisory Authority under the heading Occupational Safety/Social Occupational Safety/Child and Youth Occupational Safety.

Young people may not be employed in work that exceeds their capabilities and where they are exposed to moral hazards. Other hazardous work in which young people are unable to recognize accident risks due to a lack of experience and are exposed to harmful effects such as noise, vibrations, hazardous substances and biological agents, or in which their health is endangered by heat, cold or extreme wetness, may only be carried out by young people if this serves to achieve the training objective and their protection is guaranteed by the supervision of an expert. In addition, the workplace limit value for hazardous substances must be undercut. In addition, piecework and, as a rule, underground work is prohibited (Youth Employment Protection Act). Young people must also observe a maximum permitted daily working time of eight hours or eight and a half hours with corresponding compensation on the other working days of the same week, and 40 hours per week. Young people may only be employed five days a week. In addition, rest breaks of at least 30 or at least 60 minutes, depending on the daily working time, and uninterrupted free time of at least 12 hours must be granted. During the night from 8 p.m. to 6 a.m., employment is prohibited with certain exceptions, e.g. in the hospitality industry or in bakeries. Young people must be released from all employment for vocational school lessons. Employment on Saturdays, Sundays and public holidays is prohibited; however, exceptions are made for certain areas on Saturdays, Sundays and public holidays, e.g. hospitals, restaurants, sports, emergency medical services.

In the interest of health protection, comprehensive medical care (initial examination, first, further and extraordinary follow-up examinations as well as specially ordered examinations) is mandatory. A young person entering working life may only be employed if he or she has been examined by a doctor within the last 14 months and submits a certificate to the employer. The young person must be released from work without loss of earnings for the free examinations.