During the first two months of summer, VDI inspectors conducted 53 unscheduled inspections in companies providing catering and accommodation services operating in Klaipėda and Tauragė counties.
Also, additional inspections should be carried out after receiving reports from the public about illegally working minors.
“Child abuse is a particularly heinous crime. VDI 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”, emphasized Jonas Gricius, Chief State Labor Inspector of the Republic of Lithuania.
The number of young “illegals” is increasing
VDI inspectors state that reports of illegally working minors have increased in particular this year.
During additional inspections, 11 cases of non-compliance with the law in the employment of minors were identified. Several cases were identified when minors worked illegally. Protocols have been drawn up for companies and their managers regarding the fact of illegal work.
Also available after 10 p.m. working minors, although their work from 10 p.m. until 6 o’clock prohibited.
Violations of rest requirements for a minor employee were also found in one company. Not only did he work more than 6 hours, he also worked on Sundays.
As a result of the identified violations, the responsible persons of the company have been issued administrative offense protocols, and face fines from 240 to 880 euros.
“One of the inspection cases involved the mother of a minor employee who came to pick up her son from work after 10 p.m.
The fact of exploitation was not observed during the inspection. The young employee did not express any claims to the employer, he was happy that he could earn extra money during the summer.
The specifics of the employment of minors and the execution of the employment contract regarding work, rest time and the like were explained to my mother,” said Inga Grunskytė, adviser-chief labor inspector of VDI Klaipėda territorial department.
Caught on the first day
During the inspection in Neringa, a 17-year-old was found in a catering establishment. He testified that this is his first day at this institution.
Apparently, he came to see if the job would suit him, to get to know the environment, the team, the kitchen appliances, to assess whether they work properly and to test them himself.
According to VDI inspectors, the minor 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”.
According to Ieva Piličiauskaitė-Dulkė, head of the Labor Law Department of the VDI, it is necessary to take into account the specifics of the employment of persons under 18 years of age and the execution of the employment contract regarding working time, rest time and the like.
Persons under the age of 18 are divided into two groups. Children – from 14 to 16 years old, and teenagers – from 16 to 18 years old.
“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 I. Piličiauskaitė-Dulkė.
It is also necessary to know that the employer, before employing a person under the age of 18, sending him for a health check, must provide him with a description of the expected working conditions and indicate possible occupational risks, and upon receiving the medical certificate issued by the health care institution of the person – follow the conclusion presented in it when appointing him to work specific jobs, providing all necessary safety and health protection measures.
You can also work after school
I. Piličiauskaitė-Dulkė, head of the labor law department, reminds that minors are prohibited from working not only at night. Children are also not allowed to work in the mornings from 6 to 7 o’clock – before classes.
The length of working time of children working in light jobs 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 school year – up to 12 hours per week, ie 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.
Rest is very important
For persons under the age of 18, the employer must provide at least two rest days per week, consecutively if possible. One of these days must be 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 counted as working time or practical training time.
Children must have at least 14 hours of daily uninterrupted rest in a 24-hour period, teenagers – at least 12 hours.
I. Piličiauskaitė-Dulkė emphasizes that minors cannot be assigned passive duty at work or at home.
Fines have increased significantly
From this year on July 1. toughened penalties for illegally employed workers.
Employers (legal entities) will have to pay from 2,772 euros (the sum of three minimum wages (MMA)) to 11,088 euros (12 MMA) for each person who worked illegally.
An employer (legal entity) who has already been punished for this violation in the last 2 years shall be fined from 5,544 euros (6 MMA) to 22,176 euros (24 MMA) for each person who worked illegally for a repeated violation.
The amount of the fine will depend on whether the employer agrees to legally employ and pay the illegally employed person 3 minimum wages (2,772 euros).
If this duty is fulfilled, he will be fined 2,772 euros (3 MMA) for each person who worked illegally.
A legal entity already punished for this violation in the last 2 years will be fined 5,544 euros (6 MMA) for each person who worked illegally.
2024-08-17 11:54:40