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Source: BUS Sachsen-Anhalt (Linie6PLus)

Requesting the participation of children at events

Description

For the participation of children and young people of full-time school age (hereinafter: children)

  • at theatrical performances, musical performances, promotional events,
  • radio and television recordings, and
  • film and photo shoots

you as the employer can apply for an exemption from the ban on child labor.

Employers are all those who employ a child themselves or through a responsibly commissioned person, for example a theater, a business or a company (for example a film production company) or an association (for example a choral society in regular opera and concert operations).

A permit is required for the employment of:

  • Children (from the age of 0 up to and including the age of 14).
  • Adolescents in full-time compulsory education (from the age of 15 up to and including the age of 17)


For adolescents who are still subject to full-time compulsory education, the regulations applicable to children shall apply.

The activity of a child must be a creative participation, for example as a performer, musician, supporting character or person without a speaking role (extra), extra, singer, model.

Exceptions for creative participation may be granted:

  • for theatrical performances
    - for children over 6 years
    - up to 4 hours a day
    - in the time from 10 a.m. to 10 p.m.
  • for musical performances and other performances, promotional events as well as recordings on radio (radio and television), on sound and image carriers as well as film and photo recordings

- for children over 3 to 6 years of age
- up to 2 hours daily
- in the period from 8 a.m. to 5 p.m.

- for children over 6 years of age up to the end of the 9th school year
- up to 3 hours daily
- in the time from 8 o'clock to 22 o'clock

As a rule, a permit is issued for a maximum of 30 days per calendar year and child.

Employment days of several employers are added together.

Rehearsals count as working time and are included in the employment period.

Upon completion of employment, the child shall be allowed a required 14 hours off between two employments. Attendance at school classes prior to the end of this time period is not affected by this restriction.

A permit is excluded for the involvement of children in cabarets, dance halls and similar establishments, as well as amusement parks, fun fairs, fairs and similar events, shows or performances.

An exception to employ a child under 3 years of age cannot be granted.

Employers are responsible for ensuring that, at the latest before the start of employment, the necessary precautions and measures have been taken to protect the respective child against dangers to life and health and to prevent adverse physical and mental development. In doing so, the totality of circumstances that play a role in the employment of the child must be taken into account. Furthermore, employers must ensure the care and supervision of the child. The necessary measures therefore include careful selection, appointment, instruction and supervision of the supervisor, even if the employer has delegated these tasks.

Employers must also ensure that the child is cared for and supervised.

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
  • the maximum duration of the daily stay at the place of employment
  • You must apply for an exemption from the ban on child labor even before you start employment.
  • You must comply with the legal provisions of employment.
  • You must attach a written consent of the legal guardians and a medical certificate (not older than 3 months).
  • You must attach a certificate from the school that there is no risk of poorer school performance.
  • Declaration of consent (written consent of the legal guardians)
  • Medical certificate (not older than 3 months)
  • certificate of the school

Fee: 31,00 - 512,00 EUR
Payment in advance: No
https://landesrecht.sachsen-anhalt.de/perma?j=GebO_ST_%21_1
The fee depends on the number and age of the children and young people.

The complete application should be received at least 10 days prior to the start of employment.

The processing time is between 3 and 10 days.

  • Forms available: Yes
  • Written form required: Yes
  • Informal application possible: Yes
  • Personal appearance required: No

You may submit a request for exemption from the prohibition of child labor in writing. The procedure is as follows:

  • Fill out the application
  • Attach the required documents
    - written consent of the legal guardians,
    - medical certificate (not older than 3 months) and
    - the certificate of the school.
  • The responsible office will review the application and decide whether the application can be approved.
  • The complete application should be submitted in time - at least 10 days before the start of employment.
  • Incomplete applications cannot be decided; if necessary, the application will be rejected. However, you can submit some information about the event (for example, location, time, description of the event) for preliminary review via the online service.
  • Finally, you will receive a notice of approval from the responsible office.
  • You may not employ the child until you have received the approval notice. Retroactive approval is not possible. The employment of children without official approval is prohibited and can be punished according to the circumstances under the fine and criminal provisions of the Youth Employment Protection Act.

You may not employ the child until you have received 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 under the fine and criminal provisions of the Youth Employment Protection Act.

If children and young people are active in clubs and associations, you do not need to apply for an exemption permit. This is considered a leisure activity. Public events as part of club or association activities are also leisure activities. If the focus is on the commercial character (profit) and the children and young people are obliged to take part, you must apply for an exemption permit.

§ 6 Law for the Protection of Working Youth (Youth Employment Protection Act - JArbSchG) - Official exceptions for events

https://www.gesetze-im-internet.de/jarbschg/__6.html

Ministry of Justice and Consumer Protection (BJV) of the Free and Hanseatic City of Hamburg

;

Ministry of Labor, Social Affairs, Health and Equality of the State of Saxony-Anhalt

28.03.2023;30.10.2023

The text was automatically translated based on the German content.

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