THE LABOUR REGULATION 2000
(P.B. 2000 no. 67)

In the Labour Regulation 2000 (P.B. 2000 no. 67) one can find provisions concerning the worktimes, periods of rest, overtime, nightshift, standby shift, holidays, prohibition of child labour, the prohibition of night work and of hazardous work for youths as well as labour of (live in maid) domestic personnel.

The Labour Regulation does not apply to employees who have an income above the limit of the Social Security Bank or who do certain activities for the benefit of aviation and shipping enterprises, public servants, etc.
The income limit or wage limit is the same as the premium limit of the Sickness Insurance which is determined by the Social Security Bank.
The income limit (premium limit) is changed each year.

This folder gives information on the provisions concerning the prohibition of child labour, night work and hazardous work for youthful persons.

1. What is meant by children and youthful persons?

The labour Regulation differentiates between children and youthful persons

Children:
Boys and girls who have not yet reached the age of 15 years

Youthful persons:
Boys and girls who have reached the age of 15 years but still not the age of 18 years

2. How does the provision of the prohibition of child labour run?

It is prohibited to let work be done by children, whether or not in exchange for wages of compensation.
With work it is meant both all activities inside as outside an enterprise with the exception of:
a. activities in or for the benefit of the family, where the child is being raised;
b. activities in schools, work camps or in approved schools, as long as these activities are of an educational nature and are not aimed at economic gain.

Furthermore, children who have reached the age of 12 and who have graduated from the primary elementary school, may perform certain work to be stated in a Labour Decree, as long as these activities:
a. are necessary for the learning of a trade or profession (“apprenticeship”);
b. do not require physically or mentally high standards and may not be of a dangerous nature (e.g. newspaper delivery).

3. How does the provision of the prohibition of night work for children and youthful persons run?

It is prohibited for children and youthful persons to perform night work, whether or not in exchange for wages or compensation.

By night it is meant: the time between 7.00 p.m. and 7.00 a.m.

4. What is meant by hazardous work?

It is prohibited for youthful persons to perform hazardous work.

The definition of ‘danger’ does not only mean danger as in being killed or wounded, but also other kinds of danger for the health, like poisoning or contamination.

In the Labour Decree for Youthful Persons (P.B. 1989, no. 47) it is stated that youthful persons are not allowed to do work which is harmful for the health and/or endangers them.

For instance youthful persons are not allowed to perform work where they have to,
- make use of pneumatic drop stamp or compacting beam;
- carry or lift heavy loads frequently;
- operate concrete mixer with mechanic hoisting gear, circular saws and bending- and shearing machines;
- operate cranes, platform hoists, fork-lift trucks and tractors;
- nurse or care for patients who are infected with a serious infectious disease.

A complete enumeration of all forms of dangerous work, which can not be performed by youthful persons, is incorporated in the Labour Decree for Youthful Persons (P.B. 1989, no 47).

The articles 2 – 26 of this Labour Decree for Youthful Persons do not apply, if the work is performed by a youthful person of 16 years or older under the guidance of an expert in connection with a for this matter acknowledged vocational training.

5. Is there a possibility to get an exemption from the prohibitions?

Children
No exemption is possible of the prohibition of child labour.

Youthful persons
For certain cases there is a possibility under the Labour Decree for Youthful Persons to get an exemption from the prohibitions mentioned in the Decree. A written petition has to be presented to the Director of the Directorate of Labour.