2024-08-07 16:45:29
In the mentioned period, additional 53 inspections were carried out in the mentioned sectors of economic activity in both Klaipėda and Tauragė county companies.
Additional inspections are carried out after receiving reports from the public about illegally working minors. VDI inspectors noticed that such reports have increased especially this year.
The Chief State Labor Inspector of the Republic of Lithuania Jonas Gricius emphasizes that “child abuse is a particularly abhorrent crime, and the State Labor Inspectorate does not and will not tolerate such violations of the law. We do our best to prevent such unfair actions, so we constantly cooperate with other responsible authorities, such as the Children’s Rights Service or the police. Only complex efforts bring results”.
During additional inspections, 11 cases of non-compliance with the law in the employment of minors were identified. Several cases were identified where minors worked illegally. Protocols have been drawn up for companies and their managers regarding the fact of illegal work. From 2024 July 1 fines have increased significantly.
In addition, cases were recorded when minors worked after 10:00 p.m. Pursuant to Article 36 of the Law on Safety and Health of Workers. on the 9th 2 p., work of minors from 10:00 p.m. until 6:00 a.m. prohibited. Also, in one of these cases, the company provided documents, according to which violations of the rest requirements of a minor employee were determined, that is, the minor not only worked for more than 6 hours, but also on Sundays. In accordance with Article 96 of the ANK, protocols were drawn up for the responsible persons of the company due to the identified violations. 2, a fine of 240 to 880 EUR is provided for managers of legal entities or other responsible persons.
“We would like to draw attention to the fact that in one of the inspection cases, the mother of a minor employee was also present, who came to pick up her son after 10:00 p.m., – emphasizes I. Grunskytė, adviser of the Klaipėda territorial department. – The fact of exploitation was not observed during the inspection. The employee did not express any claims to the employer, he was happy that he could earn extra money during the summer. In this case, during the same inspection, the specifics of the employment of minors and the execution of the employment contract regarding work, rest time and the like were explained to the mother.”
Other types of violations were also identified. For example, in Neringa, after going to the inspection site, another minor, a 17-year-old person, was found. The guy stated that this is the first day, he came to see if the job will suit him, to get acquainted with the environment, the team, the kitchen appliances, to assess whether they work properly, and to test them himself. The guy did not know that such “trying” actions during work without an employment contract are considered illegal work.
VDI points out that these are typical situations where it is allowed to try work and start working without a signed employment contract, the so-called “informal trial period”.
Head of the Labor Law Department-Chief Labor Inspector I. Piličiauskaitė-Dulkė says that when evaluating the legal regulation, it is important to emphasize that persons under 18 years old according to the Law on Safety and Health of Workers and the Resolution of the Government of the Republic of Lithuania in 2017 June 28 No. 518 approved description “On the procedure for the organization of employment, work and professional training of persons under the age of eighteen, conditions of employment of children”, it is necessary to take into account the specifics of the employment of persons under the age of 18 and the execution of the employment contract regarding working time, rest time and the like. I. Piličiauskaitė-Dulkė points out that persons under the age of 18 are divided into two groups, ie children, persons from 14 to 16 years of age, and teenagers, persons from 16 to 18 years of age.
“First of all, in order to employ a child, before concluding an employment contract, the employer must inform the child’s parents in writing about the occupational risks that may arise for him, his safety and health protection measures, obtain the written consent of one of the parents, and during the school year – also the written consent of the school where the child studies , consent”, emphasizes the head of the Labor Law Department.
According to I. Piličiauskaitė-Dulkė, it is also necessary to know that before employing a person under the age of 18, sending him for a health check, the employer must provide him with a description of the expected working conditions and indicate possible occupational risks, and upon receiving a medical certificate issued by the personal health care institution – to be guided by the conclusion presented in it, assigning to work specific jobs, providing all necessary safety and health protection measures.
The head of the labor law department, I. Piličiauskaitė-Dulkė, reminds of Article 36 of the Social Security Act. 3rd and 4th determined possible duration of working time of minors. The length of working time of children doing light work during the non-school year, when they work for at least a week, is up to 6 hours a day and 30 hours a week; during the academic year – up to 12 hours per week, i.e. up to 2 hours per day on school attendance days and up to 6 hours per day on non-school attendance days, if working during a trimester or semester, but not when classes are held at school. The working time of teenagers is no more than 8 hours per day including daily lessons and no more than 40 hours per week including lessons.
The head of the labor law department notes that the work of minors at night is prohibited. According to Article 36 of the Social Security Act. 8 and 9 children’s work in the morning from 6 to 7, that is, before classes, is also prohibited.
It is also necessary to take into account the regulation of night work for persons under the age of eighteen. The work of children doing light work between 8 pm and 6 am is prohibited; adolescent work is prohibited from 10 p.m. to 6 a.m.; for teenagers working on ships, a night is a 9-hour period starting no later than 10 p.m. and ending no earlier than 6 a.m.
In addition, Article 36 of the Social Security Act. 10th also sets rest time requirements, ie rest time for persons under 18 years of age. In this case, at least two rest days per week must be granted, if possible consecutively, one of which must be a Sunday; when the duration of working time or practical training time is longer than 4 hours, an additional break of at least 30 minutes must be given to rest, and it is included in working time or practical training time; children’s daily uninterrupted rest time must not be less than 14 hours in a 24-hour period; teenagers must have at least 12 hours of uninterrupted daily rest in a 24-hour period.
I. Piličiauskaitė-Dulkė emphasizes that according to Article 118 of the Labor Code. on the 5th minors cannot be assigned passive duty at work or at home. In addition, according to Article 126 of the Labor Code. on the 3rd for persons up to 18 years of age, longer-term vacations are accumulated during the working year, and the specifics of granting annual vacations are determined in Article 36 of the Social Security Act. on the 11th
From July 1 employers (legal entities) who illegally employed an employee will have to pay from EUR 2,772 (3 minimum wages (MMA)) to EUR 11,088 (12 minimum wages (MMA)) for each person who worked illegally. The employer (legal entity), already fined for this violation in the last 2 years, for a repeated violation, from 5,544 EUR (6 minimum wages (MMA)) to 22,176 EUR (24 minimum wages (MMA)) is imposed for each person who worked illegally. The amount of the fine will depend on whether the employer agrees to legally employ and pay 3 minimum wages (2,772 EUR) to the person who worked illegally.
If this duty is fulfilled, he will be fined EUR 2,772 (3 MMA) for each person who worked illegally. A legal entity already punished for this violation in the last 2 years will be fined EUR 5,544 (6 MMA) for each person who worked illegally.
2024-08-07 16:45:29