Employment of youth workers in Polish law

Young people in the labour market are becoming increasingly valuable workers for employers. This is due to their better adaptation to the progressive digitalisation of the surrounding reality, the rapid learning of new content and the lack of negative professional experience.

However, the employment of young workers for vocational preparation and for light work is subject to the specific rules laid down in the Act of 26 June 1974 Labour Code 1 (Further as: k.p.). In particular, the rules concerning working time, the content of the contract or holiday leave vary.

This and other rules applicable to the employment of youth workers are set out in this Article.

1. Introduction

The definition of a young worker under the Labour Code is set out in Article 190(1) of that Code., according to which a juvenile person is one who has completed 15 years, not over 18 years. In addition, k.p.

Under section 2 This article establishes the principle that, in addition to some few exceptions, it is prohibited to employ persons who have not completed 15. years of age. Employers often have doubts as to whether a young person can be employed.

These doubts arise because in the Polish legal system, the definitions are very similar to those of the youth. In the bill of 23 April 1964 Civil Code 2 under Article 10(1) is indicated that everyone who completed 18 years are considered to be an adult, so all who have not crossed that age limit are considered minors.

In addition, further defining doubts arise from the law 6 June 1997 Criminal Code 3 (Next: k.k.). Under Article 10(2) k.k. there is an unfortunate phrase for a minor (“a minor who after graduation”). 15 years are allowed for a prohibited act...).

In the light of any doubts that arise, employers intending to employ young people in the form of a contract of employment should monitor changes occurring in the labour market. The situation of people who, for example, will be doing work under a civil contract may be different.

Employers should also pay attention to what happens to the contract in order to prepare for work after graduation. It does not automatically resolve with the moment of training and submission by a juvenile vocational examination, but is continued as a classic permanent employment contract on general terms. This position was expressed in the judgment of the Court of Appeal in Gdańsk of 11 January 2016 4 .

2. Persons below 15. age

The fact that under Article 191(1) They're coming. two additional conditions for the employment of young people. Only those young people who show that they have completed at least eight years of school are allowed to work, and after second, provide a medical certificate stating that the work of a given type does not endanger their health.

For those not yet completed 15. the year of age, the legislature has provided for special warnings. Under Article 191(21) k.p.

it is established that a person who has already completed an eight-year primary school, but on the day of concluding a contract of employment, is not yet completed 15 years, may be employed as a youth worker in the calendar year in which he ends up 15 years.

In practice, it would look like a young person ending eighth primary school class in June, and 15. A year's life wasn't until August. The Labour Code gives the employer the opportunity to employ such a person.

The situation varies with those who have completed an eight-year primary school, but will not complete the same calendar year 15 years. Such persons may be employed under the conditions laid down for young people in order to prepare for the profession.

It is compulsory to conclude a contract of employment for the purpose of professional preparation to obtain the consent of the statutory representative or legal guardian of that person, as well as to obtain a positive opinion of the psychological and pedagogical advice, which follows directly from Article 191(24) k.p.

It should not be excluded that situations may occur that an employer is contacted by a person who does not have completed 15 She is also under eight years of primary school.

In addition to the above mentioned duties, such a person will also have to obtain permission from the principal of the eight-year primary school in which the circuit resides to fulfil the school obligation outside the school. Exceptionally, a person may have completed 15.

A year of age, but still under eight years of primary school and fulfilling a school duty outside the school – she can be employed after completing her instruction to prepare for a vocational training in the form of a vocational education.

3. Obligations of an employer employing a juvenile

The employer is always obliged to provide care and assistance to young workers, necessary to adapt to their proper work. It is worth noting that the aid should be necessary, not all.

It must be understood that it is the employer's responsibility to provide assistance to the extent that this is objectively necessary to adapt such a person to the proper performance of his work. Such an opinion is advocated by Prof. Andrzej Marian Świątkowski[5].

It is worth noting that there is no sanction in the legislation for not complying with the obligation to provide assistance and care to young workers.

Only the person to whom the employment contract has been terminated for an indefinite period due to his failure to fulfil his obligations under the contract can effectively claim that the reason for the breach of his obligations was that he did not provide the necessary care and assistance to adapt to the proper performance of his work.

The employer's obligation to care and help is limited to the aspect of youth work, not to their learning. Interestingly, from decoding the entire regulations of the Department ninth As well as the implementing rules, the employment of young people is different from that of adults. An adult performs work for a profit, and young people combine the commercial aspect of science in addition to the commercial aspect. It's a special shape. Article 194-196 k.p.

Under Article 195 It is indicated that the employment contract for professional preparation should specify in particular:

• 1) type of professional preparation (professional instruction or instruction to perform a particular job);
• 2) the duration and place of professional preparation;
• 3) the method of theoretical training;

1. the amount of remuneration. Because a youth worker has an obligation to educate 18. a year of age, the employer is obliged to release the young person from work for the time necessary to take part in training classes in connection with education. In addition, the employer is obliged to provide information on the principles of protection against threats to the statutory representative or to the legal guardian of a juvenile.
2. Youth Work Time

Article 202 k.p. shows that the working time of the adolescent to 16. the year of age must not exceed 6 hours daily. When a juvenile has completed 16. one year old, can not work longer than 8 hours daily. It should be borne in mind that the working time of young people includes learning time in terms of the compulsory school curriculum, regardless of whether education takes place during working hours.

According to Article 202(31) k.p., if the daily time of youth work is longer than 4.5 hours, the employer is obliged to introduce a permanent break 30 minutes, which includes working time. Young people cannot work overtime or at night. Nighttime for a juvenile is between 22:00 a 6:00. A night-time break should continue no less than 14 hours You also have the right to at least a week’s 48 hours continuous rest, which should include Sunday, resulting from Article 203(2) and, respectively, section 3 k.p. 5. Work that a juvenile cannot do under Article 204(1) k.p., it is indicated that young people cannot be employed in the prohibited work, the list of which is established by regulation by the Council of Ministers. In the Regulation of the Council of Ministers of 24 August on the list of youth-prohibited work and the conditions for their employment in some of these work 6 it is indicated that young people must not be entrusted with the following tasks:

• 1) related to excessive physical effort;
• 2) requiring a constantly forced and uncomfortable position of the body;
• 3) threatening proper mental development;
• 4) in the exposure to harmful chemical agents;
• 5) exposure to harmful liquids;
• 6) in the exposure to harmful physical agents;
• 7) in the exposure to harmful biological agents;
• 8) causing an accident hazard.

Exceptionally juveniles above 16. years of age may be employed in certain types of prohibited work on the list, if this is justified by the need for professional preparation. In this situation, the employer is obliged to provide special protection for the health of the juvenile.

6. Summary

Regulations concerning the employment of young people in Polish law are clearly extended and set up very many differentities compared to adults. The intensive growth of young people who are willing to gain experience at a very early stage of their lives will make more and more employers have to face the responsibilities of KP.

This phenomenon is undoubtedly to be assessed positively, mainly from the perspective of young people who, after their adulthood, will be better treated by employers in jobs requiring more skills and self-discipline.

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