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Publication date: 16.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
In today's world, the observance of human rights and personal dignity is becoming an increasingly urgent problem. This especially applies to the rights of children and adolescents, who need special protection from exploitation and abuse. The issue of employment of persons younger than 16 is complex and requires careful legal analysis.
According to international standards, including the Convention of the International Labor Organization (ILO) No. 138 on the establishment of the minimum age for the use of child labor and No. 182 on the fight against the use of child labor, the use of labor of persons under the age of 16 is prohibited. These international documents recognize that the use of child labor can lead to physical, psychological and emotional deterioration of the child, disrupting his normal physical and mental development.
Ukraine, as a member of the ILO, is also obliged to comply with these norms. According to the Constitution of Ukraine and the Code of Labor Laws of Ukraine, the minimum age of an employee is set at 16 years. However, there are exceptions for certain categories of work, where the work of persons aged 14 to 16 may be involved, provided that specific requirements regarding working conditions and psychophysiological capabilities of the child are met.
First of all, such employment is allowed only in cases where it does not harm the health, development and education of the child. In addition, the working conditions for such persons must comply with occupational safety and hygiene standards, and the work must be light, harmless and not too difficult for the appropriate age.
The legislation also provides for the mandatory written consent of parents (guardians) for the employment of persons younger than 16 years of age.This ensures the protection of the child's interests and guarantees that his rights will not be violated in the work process.
Summarizing the above, it can be stated that the employment of persons younger than 16 years is allowed only in exceptional cases and under the condition of compliance with all requirements regarding the safety, health and development of the child. Failure to comply with these requirements may be considered a violation of the child's rights and have legal consequences for the employer.
When deciding on employment of persons under the age of 16, it is recommended to consult a lawyer or a lawyer who will analyze the documents and provide written advice taking into account the specific circumstances of the case. This approach will avoid possible legal problems and ensure compliance with all legal requirements.
Undoubtedly, the hiring of persons under the age of 16 requires special attention and prudence on the part of employers. They are obliged not only to comply with the legislation on the employment of children, but also to ensure appropriate working conditions, adequate to the age and physical readiness of the employee. In addition, the employer must provide an opportunity for the child to receive education and develop properly, taking into account educational responsibilities and needs.
The need to consult a lawyer or a lawyer when dealing with issues related to employment of persons younger than 16 cannot be underestimated.Such a written consultation of a lawyer or a lawyer will allow to determine all legal aspects and risks, legal analysis of the situation related to this situation, as well as to develop a strategy of actions to ensure compliance with the law and protection of the child's rights. Only through competent consultation can you avoid potential legal problems and ensure legality and fairness in solving this issue.
