PRACTICAL SHEET. You plan this summer, at a time when many of your employees are on vacation, recruit young children for light work. You have the right, provided that you comply with the rules relating to the employment of minors.
Hiring a minor is only possible from the age of 14 years. The young person has the status of an employee and is entitled to the same rights and obligations as all staff.
- Paid leave : how are they acquired and when must they be taken ?
However, as a minor, you must meet certain provisions, including :
– upon commencement of employment ;
– in relation to its remuneration ;
– concerning the organisation of his working time and rest.
Also note that it is prohibited to employ minors to work repetitive or made in a mood or at a pace that can be painful or result in, having regard to their age, an abnormal fatigue.
It is impossible to assign them to a position presenting a particular risk to health and safety, including all of the items concerned by the risks listed in the prohibited work.
Adolescents 14 to 16 years may perform light work during school holidays, but this employment opportunity is very controlled and, in practice, the contractors will not be able to use it for jobs on construction sites.
Hiring a minor : the necessary permissions
To hire a youth for the holidays, you should get, depending on their age :
– the permission of his legal representative (usually his parents) ;
– the authorization of the labour inspector ;
– a favourable opinion from the occupational physician.
Work during the holidays. For young people aged 14 to 16 years old are allowed to work during their school holidays :
– the duration of a vacation must be at least 14 days ;
– and they need to have a minimum duration of leave, i.e. half of the total duration of vacation.
The summer vacation lasts 2 months. Therefore, young people aged 14 to 16 years may work (more than 14 days). The duration of the work contract will not exceed 1 month : 1 month of work and 1 month leave.
- Paid leave : can you change the dates of vacation of an employee ?
- Paid leave in the CONSTRUCTION industry : the end of the reference period is coming soon
Authorization of legal representatives. Regardless of the age of the young person, it is necessary to obtain written permission from their legal representatives before you sign the contract of work.
Hiring of a minor over 14 years of age : request for parental permission
Authorization of the labour inspector. For young people aged 14 to 16 years of age, it is also necessary to obtain the authorization of the labour inspector.
This request must be sent at least 15 days prior to the hiring, by registered letter with acknowledgement of receipt.
In this letter, you specify :
– the surname, forenames, age and place of residence of the child ;
– the duration of the contract, the nature and conditions of work to which you plan to occupy it. It is specified including the work schedule and the amount
of his compensation.
Do not forget to also join the agreement in writing and signed by the legal representative of the child.
The labour inspector has a period of 8 days (from the day after your shipment) to inform you of possible disagreement.
In the absence of a response, his silence was tantamount to authorization to hire the young.
If, within this period, the labour inspector informs you that it will give its authorization subject to make changes to your application, this decision constitutes authorization of employment, subject to the required changes.
Hiring formalities. As for any new employee, you must complete the declaration prior to hiring (DPAE) with the URSSAF. This formality is important, as it will probably be his 1st job, and that the DPAE will then be registered with the social Security.
Among other obligations include the visit information and prevention. Attention for minors, it must take place before the decision functions (in the 3 months for the other).
For fulfilling all these formalities and have templates of letters customizable, Editions Tissot offer you their documentation ” Form of Social CONSTRUCTION commented “.
The youth summer job can benefit from an exemption from income tax up to the age of 25 years, within the limit of 3 times the monthly amount of the MINIMUM wage per year.
Contract of employment. Once you have obtained the permission to hire the young person in your business, you write his / her fixed-term contract (CDD), which must include certain mandatory particulars :
reason for recruitment ;
– dates of beginning and end of the contract ;
– designation of the position ;
– compensation ;
– working time and schedules ;
Remuneration of young workers : the minimum
The minimum remuneration. Young workers are entitled to a minimum remuneration which varies according to their age :
– before 17 years of age : at least 80 % of the SMIC ;
– between 17 and 18 years : at least 90 % of the SMIC.
These minimal payments are not applicable for the young person who has completed 6 months of professional practice in the CONSTRUCTION industry. It will reach at least the legal MINIMUM wage.
The minimum wages of young workers aged under 18 years of age can not undergo abatement in relation to minimum wages, conventional position and the level to which they belong.
Theoretically, you do not have the obligation to pay young people an allowance of precariousness. In effect, the contract is concluded for a period in his school holidays.
Payment of wages. The payment of the salary shall in principle be paid to the legal representative. However, there is a tolerance for the wages to be paid to the minor in the absence of formal opposition by the legal representative. But it is better that you ask for a written agreement to avoid any problem.
Hiring a minor : organize time work
In the framework of a summer job, the young worker is a salaried employee of the company. It is subject to the same obligations as other employees. However, because of its age, it is more fragile. This is why it enjoys a special protection in their working conditions.
The duration of the work. The duration of the work of the young may not exceed :
– 35 hours per week ;
– 7 hours per day up to 16 years of age and 8 hours above 16 years of age.
Possible derogation for over 16 years. It allows you to do overtime, within the limit of 5 hours per week, upon the authorization of the labour inspector and after obtaining the assent of the occupational physician.
Its duration of work can in any case be not greater than the duration of daily or weekly labour of adults of your business.
Break time. If the daily working time is more than 4: 30 p.m., the young person has a break of at least 30 consecutive minutes. In fact, no period of actual work uninterrupted may not exceed a maximum duration of 4: 30.
The night work. In principle, you can’t hire a minor to perform night work. However, there are exceptions.
Definition of night work. It depends on the age of the worker :
Age night Work
Least 16 years of age between 20 hours and 6 hours
Between 16 and 18 years of age between 22 hours and 6 hours
Exemptions. Exceptionally, derogations may be granted by the inspector of the work for young people 16 to 18 years.
No waiver will be any possible way to make a work from midnight to 4-h.
Possible derogations in case of urgent work : if adult workers are not available, for works passengers intended to prevent accidents that are imminent or to repair the consequences of accidents.
You must then give the youth, in a period of 3 weeks, a period of compensatory rest equivalent to the duration of their intervention night.
Exemptions for children under 16 years are not possible in companies in the CONSTRUCTION industry.
The rest compulsory. You must arrange the working hours of the young person to enable them to benefit, every day, a rest of a minimum of :
– 14 consecutive hours if it has less than 16 years ;
– 12 consecutive hours between 16 and 18 years old.
Weekly rest period. The young person is entitled to 2 consecutive rest days (or 48 hours), which must include Sunday. However, on the authorisation of the labour inspector, the weekly rest may be reduced to 36 consecutive hours :
– depending on the specific conditions of the activity ;
– in application of a collective agreement or decree ;
– for young people over 16 years of age.
Holidays. It can not work on holidays recognized by the law.
And don’t forget. You must be able to prove that, for all the demands of the labour inspection, the date of birth of each of your workers under the age of 18 years.
Source : Editions Tissot
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