Requesting the participation of children at events
Description
Children are subject to special protection. This also applies to cases in which children are to be employed in return for payment.
You can only employ children and young people of full-time school age if you have been granted an exemption from the ban on child labor. A permit is required for the employment of:
- Children aged 3 to 14 inclusive
- young people aged 15 to 17 inclusive who are still required to attend school
An exemption from employment cannot be granted for children under the age of 3. For young people who are still subject to full-time compulsory schooling, the regulations for children apply. You may only employ children for creative activities. This includes participation in
- theater performances
- musical performances
- advertising events
- Radio and television recordings
- Film and photo shoots
For the different types of events, you must observe different employment rules depending on the age of the children. The maximum possible working hours are
- for theater performances for children over 6 years of age:
- in the period from 10:00 to 23:00
- up to 4 hours a day
- for music performances and other performances, advertising events and recordings on radio and television, on audio and video media and for filming and photography:
- for children over 3 years of age
- up to 2 hours a day
- in the period from 8:00 to 17:00
- for children over 6 years
- up to 3 hours a day
- in the time from 8.00 a.m. to 10.00 p.m.
- for children over 3 years of age
Rehearsals count as working time and are included in the period of employment. As a rule, you will receive the permit for a maximum of 30 days per calendar year and child. If the child is also employed at other locations, all working days are added together.
After employment, you must grant the child a period of 14 hours off until the next employment. Attendance at school before the end of this period is not affected by this restriction.
You are responsible for ensuring that the necessary measures are taken to protect the child against risks to life and health and to prevent detrimental physical and mental development before the start of employment. You are also responsible for the care and supervision of the child, even if you assign this task to a supervisor who must be carefully selected, appointed, instructed and monitored by you.
You will not receive a permit for shows and performances by children:
- in cabarets
- in dance halls and similar establishments
- in amusement parks
- at funfairs
- at funfairs and similar events
You can apply to the trade supervisory authority responsible for you or to the Occupational Health and Safety Office. The permit is limited in time and can be revoked at any time. The supervisory authority determines how long, at what time and on what day the child may be employed. The duration and location of rest breaks and the maximum duration of daily employment are also determined.
If you employ children without an official permit, you are liable to prosecution.
- You have taken all necessary precautions to protect and supervise the children.
- You submit the application in good time before taking up employment. Retroactive approval is not possible.
- You comply with the statutory provisions on employment.
- You have the written consent of the legal guardians and a medical certificate that is not older than 3 months.
- You have a certificate from the school stating that your school performance is not at risk.
- Application for exemption from the ban on child labor
- Declaration of consent, i.e. the written consent of the legal guardians
- Medical certificate not older than 3 months
- Certificate from the school that the child's progress at school is not at risk
Contradiction
You may only employ the child after receiving the approval notice. Retroactive approval is not possible. The employment of children without an official permit is prohibited and can be punished according to the circumstances of the case in accordance with the fines and penal provisions of the Youth Employment Protection Act.
Federal Ministry of Labor and Social Affairs (BMAS)
10.07.2024
Office for Occupational Safety and Health of the Free and Hanseatic City of Hamburg
Billstraße 80
20539 Hamburg
Phone: +49 40 42837 2112
Fax: +49 40 4237 10098
E-mail: arbeitnehmerschutz@justiz.hamburg.de
The text was automatically translated based on the German content.