Overtime for underage trainees - regulations & consequences
Trainees often take their first steps in working life before they reach the age of 18. The employment of these young people is subject to particularly strict legal regulations in Germany, as the health of minors should be protected and their development should be the focus of attention. Given these considerations and the Youth Employment Protection Act, is it even permissible for adolescents to work overtime? And if so, to what extent?
The most important points summarized:
- The legal basis is the Youth Employment Protection Act (JArbSchG)
- Overtime for underage trainees is generally not permitted
- Exceptions are possible in temporary emergencies
- Possible overtime can be agreed in collective agreements and company agreements
- Employers face severe consequences if they fail to comply with legal requirements
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Table of contents:
- Do working time restrictions apply to young people?
- Why is overtime generally prohibited for young people?
- Exceptions possible for overtime?
- Consequences for employers in the event of violations
- Conclusion: avoid overtime
Do working time restrictions apply to young people?
Yes, Section 8 JArbSchG states that young people under the age of 18 may not be employed for more than 40 hours a week, i.e. eight hours a day. An extension to 8.5 hours a day is only possible if the working week has 40 hours as a result. This means that the hours must be reduced accordingly on another day.
Why is overtime generally prohibited for young people?
The JArbSchG provides a strict framework here. The strict restriction of working hours is intended to protect the health of young people and ensure that their physical and mental health is not impaired by excessive workloads.
Are there exceptional cases in which young trainees are allowed to work overtime?
In a few exceptional cases, there is an option for adolescents to be employed beyond their regular working hours and thus work overtime. This is primarily the case in unforeseen emergencies. In the case of unplanned, unforeseen events, immediate action and work may be urgently required. Overtime may then be possible. In addition, it is conceivable to allow working hours of up to nine hours per day and 44 hours per week in collective agreements or company agreements. However, the average weekly working time must not exceed 40 hours. The compensation period here extends over a period of two months.
What are the consequences for employers who fail to comply with the legal framework?
Employers face severe penalties and consequences if they disregard the JArbSchG and allow under-18s to work unauthorized overtime. The following are possible
- Fines,
- criminal consequences and
- civil law claims of the trainee.
Employers should avoid overtime for underage trainees wherever possible
As overtime is generally not permitted for trainees under the age of 18, every employer would do well to avoid it as much as possible. In a few cases, overtime is possible within a very narrowly defined framework, but should by no means be part of a young trainee's everyday working life. It is also important to bear in mind the training regulations, according to which the employee must be provided with knowledge and skills during training so that they can successfully complete their training. Overtime can lead to overloads and, in the worst case scenario, cause the training process to suffer. This should be avoided at all costs.
Do you need help or advice on employment law?
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
