13.03.2024
REQUIREMENTS FOR EMPLOYMENT OF UNDER-MINOR WORKERS
The Labor Inspectorate indicated that, based on its control activity, the results indicate an increase in the number of permits for the employment of minors for the first seven months of 2023. In the reference, it is specified that their number is 10,459, with an increase not only compared to the same period in 2022, when there were 8,422, but also before the Covid crisis, when in 2019 they were 7,397.
The most permits are granted in Burgas, Varna, Plovdiv, Dobrich, Sofia city, Sofia region, Blagoevgrad, etc. Minors are mostly employed in hotels, restaurants and trade.
What are the requirements of the law regarding the age for hiring persons in an employment relationship and how the procedure should be applied?
According to the law in Bulgaria, the statutory minimum age for starting work is 16 years. The employment of children from 15 to 16 years of age is allowed to carry out work that is light and not dangerous or harmful to health.
It is envisaged that for each person under the age of 18, the employer submits to the Regional Directorate "Labor Inspection" an application for obtaining a work permit, attaching the following documents in detail:
It is important to specify that, exceptionally, children under 14 years of age may be employed in circus and film productions, as well as the arts, but under reduced conditions and in accordance with the requirements for their proper physical, mental and moral development.
Minors work under a reduced regime, and the working hours for these workers and employees are 35 hours a week and seven hours a day in a five-day work week. Their daily and weekly working hours also include the time for acquiring a professional qualification and for its improvement, when it is carried out in the process of work.
They are also prohibited from performing night and overtime work. The law guarantees them that they will receive at least the national minimum wage, even though they work fewer hours. As it became clear from the necessary documentation mentioned above, which employers should provide to the Labor Inspectorate, persons under the age of 18 enter work after a thorough medical examination and a medical conclusion that they are fit for the job.
Labor inspectors exercise control over the employment of under-18s, and workplaces where they are employed can be inspected to determine whether working conditions pose a risk to their health.
If a violation is established, that the employer has hired a minor without permission from the Labor Inspectorate, the prosecutor's office is notified and criminal proceedings are initiated. The labor inspectorate reminds that starting work without permission from the control authority is considered a crime under Bulgarian legislation.
In the event that employment without a permit from the Labor Inspectorate is found, the control body draws up an act of the employer, when it is a legal entity, issues a criminal decree and sends the materials to the relevant prosecutor's office to establish the commission of a crime.
A review of the practice of the courts shows that, although rare, effective judgments have been issued against employers for employing minors.
Over the years, the procedure for issuing employment permits to persons under the age of 18 has been simplified.
Currently, the employer should present: job description, risk assessment results, safety measures and medical report. For persons aged 15 to 16 and distribution of working hours.
The labor inspectorate grants or refuses a permit within seven days.
The refusals are related to work that is harmful to the physical and mental health of minors, as well as to activities on which the life and health of people depend, such as lifeguards.
Reference:
Ordinance No. 6 of July 24, 2006 on the terms and conditions for issuing work permits to persons under the age of 18
