Youth Labor Protection Act

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Basic data
Title: Law for the Protection of Working Youth
Short title: Youth Labor Protection Act
Abbreviation: JArbSchG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Employment Law
References : 8051-10
Original version from: August 9, 1960
( Federal Law Gazette I p. 665 )
Entry into force on: predominantly October 1, 1960
Last revision from: April 12, 1976
( BGBl. I p. 965 )
Entry into force of the
new version on: 		May 1, 1976
Last change by: Art. 3 G of December 12, 2019
( Federal Law Gazette I p. 2522, 2540 )
Effective date of the
last change: 		January 1, 2020
(Art. 8 G of December 12, 2019)
GESTA : K004
Please note the note on the applicable legal version.

The Youth Labor Protection Act is a German law for the protection of working children and young people . It is one of the laws of social safety at work .

content

Working hours, vacation

The Youth Labor Protection Act limits the weekly working time to 40 hours (excluding breaks) for a five-day week. If the working time is shortened on individual working days, the working time can be extended to a maximum of 8.5 hours on other days (§ 8). With a working time of 4.5 to 6 hours, the adolescent is entitled to 30 minutes, with more than 6 hours of daily working time 60 minutes of rest.

The first break must be taken after 4.5 hours at the latest, last at least 15 minutes and must be at least one hour after the start and at the latest one hour before the end of working hours (Section 11).

Young people are not allowed to be employed on Saturdays and Sundays. There are, however, some exceptions (e.g. hospitals), more precise regulation is given in § 16 (Saturday rest ) and § 17 (Sunday rest) in the Youth Labor Protection Act.

Depending on their age (on January 1st of the year), young people are entitled to different amounts of vacation: 30 working days for 15-year-olds, 27 working-days for 16-year-olds and 25 working-days for 17-year-olds. The key date here is January 1st of the calendar year. In underground mining, three working days more leave apply (Section 19).

The minimum age is 15 years, but there are exceptions for work in agriculture and newspaper delivery, which are regulated in the Child Labor Protection Ordinance. Working hours are generally limited to the period between 6 a.m. and 8 p.m. (Section 14), but there are a number of exceptions for bakeries, restaurants, cultural events, etc.

The Youth Labor Protection Act also contains provisions for minimum annual leave and attendance at vocational school.

Overtime and holidays

Overtime is not permitted. If a young person is employed in emergencies, for example in the event of a fire or water shortage, insofar as the work is temporary and cannot be postponed and adult employees are not available, the additional work incurred in this context must be compensated for by a corresponding reduction in working hours. If, in connection with public holidays, work is not carried out on working days so that the employees have a longer continuous free time, preparatory and reworking is permitted. The working hours that are canceled on a working day as a result of a public holiday may not be offset against other working days. There is a general prohibition of employment on Sundays and public holidays.

Employing young people on Sundays is only permitted:

  • in hospitals as well as in old people's, nursing and children's homes
  • in agriculture and animal husbandry with work that must be carried out on Sundays and public holidays
  • in the family household if the young person is accepted into the domestic community
  • in the show business
  • for music performances, theater performances and other performances as well as for direct broadcasts on the radio (radio and television)
  • during sports
  • in the medical emergency service
  • in the catering industry

If young people are employed on Sundays and public holidays, they must be given a five-day week by leave of absence on another day off from vocational school. Furthermore, young people may not be employed after 2 p.m. on December 24 and 31 (Section 18 (1) JArbSchG). The 1st Christmas and Easter holidays as well as the 1st May and 1st January must also be kept free from work (Section 18 (2) JArbSchG).

Piecework and dangerous work

The hardest sections with regard to exceptions concern piecework (work in which wages and work performance are coupled) and dangerous work (§§ 23 and 24). A general prohibition applies here, which can only be circumvented in vocational training, whereby there are also obstacles in the form of unconditional requirements for the job.

Consequences of violations

The regulations of the Youth Labor Protection Act are not mandatory, d. This means that it cannot be deviated from even if it is specified in the employment contract. Violations of the law are considered administrative offenses. Anyone who deliberately endangers or damages the health or the ability to work of the child, adolescent or adolescent commits a criminal offense according to § 59 Paragraph 5 or Paragraph 6. The Youth Labor Protection Act is thus part of the subsidiary criminal law .

history

The effort, children and young people at the state level youth employment to provide for their development, dates back to the 19th century. With the advent of industrialization, the need for regulation grew. For example, in the regulation on the employment of young workers in factories of March 9, 1839 , Prussia was the first German state to legally prohibit factory work for children under the age of 9 and limited the working hours of young people under 16 to 10 hours.

In the German Empire , the Occupational Safety and Health Act (amendment to the Reichsgewerbeordnung of June 1, 1891) prohibited any employment of children under the age of 13 in factories. Children from 13 to 14 years of age were allowed to work six hours a day, adolescents from 14 to 16 years of age ten hours a day. Night work for children and young people was prohibited.

In 1938 the “Law on Child Labor and Working Hours of Young People” of April 30, 1938 (RGBl. IS 437) made provisions that had a National Socialist background to the world of work.

In the Federal Republic of Germany, a new youth labor protection law was announced in the Federal Law Gazette on August 9, 1960. Among other things, it determined the working hours to be a maximum of 40 hours per week for young people under the age of 16. Employers were not allowed to entrust young people under the age of 18 with the piecework or on the assembly line . According to the will of the legislature, child labor should be excluded.

The legal regulations were changed in amendments in 1976 and 1984. In 1984 the change was justified with the removal of bureaucratic obstacles and superfluous regulations. There were no prescribed break rooms for young people. Young people were now allowed to work a maximum of 8.5 hours a day in some training occupations on Saturdays. In companies with shift work , the working hours of young people had to end at 11 p.m.

In 1997 the law was updated with regard to Council Directive 94/33 / EC of June 22, 1994 on the protection of young people at work .

See also

literature

  • Thomas Lakies, Michael Schoden: Youth Labor Protection Act. Basic comment . 6th, revised edition. Bund-Verlag, Frankfurt am Main 2010, ISBN 978-3-7663-3934-8 .
  • Thomas Dieterich u. a. (Ed.): Erfurt Commentary on Labor Law , 11th edition, Munich 2010, Publisher: CH Beck, ISBN 978-3-406-60876-6
  • Martin Henssler, Heinz Josef Willemsen, Heinz-Jürgen Kalb: Labor law comment . 2nd Edition. O. Schmidt, Cologne 2006, ISBN 3-504-42658-6 .

Web links

Individual evidence

  1. ↑ Federal Ministry of Justice and Consumer Protection: Ordinance on child labor protection. June 23, 1998. Retrieved May 21, 2018 .
  2. ↑ The increasingly early beginning of competitive and competitive sports for children and their payment has created an area free from law, in which not only Sunday work is problematic, but also large parts of the state system of sports funding for children, cf. Arnd Krüger : When should children start exercising? Peter Lösche (Ed.): Göttingen Social Sciences Today . Göttingen: Vandenhoeck & Ruprecht 1990, 278 - 308.
  3. ↑ On the protection of young people at work in the 19th century, cf. Collection of sources on the history of German social policy from 1867 to 1914 , Department I: From the time when the Reich was founded to the Imperial Social Message (1867-1881), Volume 3: Workers' protection, edited by Wolfgang Ayaß , Stuttgart / Jena / New York 1996; Collection of sources on the history of German social policy from 1867 to 1914, Section II: From the Imperial Social Message to the February decrees of Wilhelm II (1881-1890), Volume 3: Workers' protection, edited by Wolfgang Ayaß, Darmstadt 1998; Collection of sources on the history of German social policy from 1867 to 1914, III. Department: Expansion and differentiation of social policy since the beginning of the New Course (1890-1904), Volume 3, worker protection, edited by Wolfgang Ayaß, Darmstadt 2005.
  4. ↑ Sozialpolitik.com: "From exploitation to the protection of children and young people" , queried on September 2, 2010
  5. ↑ Wikisource: Law regarding the amendment of the trade regulations. From June 1, 1891, §. 135
  6. ^ "Augsburger Allgemeine" from August 9, 2010, category: The date
  7. ↑ Youth employment protection - What happened so far. DGB-Jugend, June 8, 2013, accessed on March 9, 2014 .
  8. ↑ Europa.eu: Protection of young people at work , queried on September 2, 2010