20.03.2024

WHAT HAPPENS IF YOU EMPLOYED AN ILLEGAL MINOR

The Executive Agency "Main Labor Inspectorate" carries out comprehensive control over compliance with labor legislation in all branches and activities and specialized control over the fulfillment of the requirements of the Civil Servant Act, the Health and Safety at Work Act and the Employment Promotion Act.

Labor inspectors, when carrying out inspection activities, have the power to enter freely without prior warning at any time of the day or night into any enterprise placed under the control of the inspection.

They shall also have the power to proceed with such investigations, inspections and investigations as are deemed necessary to satisfy themselves that the legal provisions are actually being complied with, including questioning in person or in the presence of witnesses of the employer or the personnel of the undertaking on all matters, related to the implementation of legal provisions. They also have the right to inspect all books, registers and documents, the maintenance of which is prescribed by the legislation on the conditions of work, in order to check their compliance with the legal provisions and to make copies or extracts from them, etc.

At the same time, employers, appointing authorities, officials, workers and employees are obliged to assist the control authorities in the performance of their functions. In the case of unlawfully preventing a control body for compliance with labor legislation from fulfilling its official duties, employers and their officials are subject to administrative criminal liability.

What is the procedure for exercising control activities by the Labor Inspectorate regarding the employment of persons under the age of 18?

Labor inspectors exercise control over the employment of persons under 18 years of age by inspecting the workplaces in which they are employed to determine whether the working conditions do not 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. Starting work for a person who has not reached the age of 18, without permission from the control authority, is considered a crime according to 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 provide a job description, the results of the risk assessment, the safety measures and a medical report in advance. For persons aged 15 to 16 and distribution of working hours. The labor inspectorate must grant or deny permission 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:

Art. 399 of the Labor Code;

Art. 75, para. 2 of the Employment Promotion Act;

Art. 54, para. 2 of the Act on Health and Safety at Work;

Art. 127, para. 2 of the Civil Servant Act;

Art. 402, para. 1 and para. 2 of the Labor Code;

Art. 12 of the Labor Inspection Act;

Labor Inspection Convention No. 81 of 1947

Ordinance No. 6 of July 24, 2006 on the terms and conditions for issuing work permits to persons under the age of 18