On May 22, 2021, the Regulation approved by the Ministry of Labor and Social Welfare is published in the Official Gazette, which determines the activities considered as hazardous work and includes guidelines aimed at avoiding this type of work, addressed to employers and educational establishments, in order to protect the rights of adolescents of working age. In particular, the Regulation provides for the following:
These Regulations shall apply with respect to adolescents of working age and adolescents not of working age who, in contravention of labor regulations, perform hazardous work. It shall also apply to children and adolescents not of working age who, with the authorization of the corresponding court and in compliance with labor regulations, enter into contracts to participate in theater, cinema, radio shows, etc., and the employer must adopt measures to protect their life, physical and mental health.
According to the Regulation, children and adolescents, with or without working age, are prohibited from performing hazardous work, the latter being understood as work that by its nature or the conditions in which it is carried out, is likely to damage or affect their health, development or safety.
Regarding the procedure for hiring children or adolescents with or without working age, the Regulation indicates that certain specific information must be included in the employment contract, in addition to the provisions of Article 10 of the Labor Code.
In addition, the Regulation states that the employment contract of the child or adolescent with or without working age, as well as its amendments and annexes, must be registered in the website of the Department of Labour. The above must be complied with within 5 days from the signing of the contract, attaching the required documentation.
The Regulation provides that any person may report to the competent authorities any violations related to child and adolescent labor, which will be sanctioned in accordance with Articles 18 bis, 18 ter, 18 quater and 18 quinquies of the Labor Code.
The Department of Labour and other supervisory entities will be responsible for the enforcement of the provisions of these regulations.
The regulation establishes that employers who hire adolescents of working age or, exceptionally, children and adolescents not of working age, must safeguard their rights and promote their protection.