Young workers

Employment regime and applicable limitations

• Minimum age. Admission to work of persons under sixteen years of age is prohibited; the participation of minors in public shows requires written authorization from the labor authority and may not pose a danger to their health or their training.
• Capacity to enter into contracts. Those over sixteen and under eighteen who are not emancipated need the consent of their parents or guardians, or the authorization of the person or institution that has them in charge.
• Working hours and breaks. Maximum of eight hours of effective work per day, including time spent on training and, in the case of multiple employment, the time worked with each employer; minimum break of thirty minutes if the continuous working day exceeds four and a half hours; weekly rest of at least two uninterrupted days.
• Night work and overtime. Prohibited for anyone under eighteen years of age, without exception.
• Prohibited work. They cannot perform unhealthy, arduous, harmful or dangerous work for their health or their professional training; the Decree of July 26, 1957 maintains the list of industries and jobs prohibited to minors until the regulations provided for in Law 31/1995 are approved.
• Training contracts. The work-study contract and the contract for obtaining professional practice have their own rules regarding working hours and training time, which are combined with the limitations mentioned above.

Preventive protection: Article 27 of Law 31/1995

Article 27 of Law 31/1995 requires employers, before hiring young people under eighteen years of age and prior to any significant changes to their working conditions, to conduct a risk assessment of the positions they will occupy. This assessment aims to determine the nature, degree, and duration of their exposure to agents, processes, or working conditions that could endanger their safety or health, and to adopt the necessary prevention and protection measures. This assessment must pay particular attention to the specific risks to the safety, health, and development of young people arising from their lack of experience, their immaturity in assessing existing or potential risks, and their still incomplete development.

The employer must inform young people and their parents or guardians involved in the hiring process of the potential risks and all measures taken for their safety and health. Paragraph 2 of the same article refers to the Government for establishing limitations on the hiring of minors in jobs that present specific risks, a mandate reiterated in the fifth final provision of Royal Decree-Law 32/2021. At the time of this review, the approval of this regulation has not been recorded, so the Decree of July 26, 1957, remains in force with respect to minors, with the repeals made by Law 31/1995 itself regarding the work of women. Directive 94/33/EC, which Law 31/1995 incorporates, distinguishes between children, adolescents, and young people, generally prohibits child labor, and requires Member States to assess risks, guarantee health surveillance, and limit the exposure of young people to hazardous agents and processes.

Specific risks and protective measures

• Risks due to inexperience and immaturity. Lack of awareness of dangers, overestimation of one’s own abilities, difficulty in identifying abnormal situations, and greater sensitivity to peer and superior pressure.
• Physical and developmental risks. Greater vulnerability to physical strain, awkward postures, noise, vibrations, extreme temperatures, and chemical and biological agents due to being in a growth phase.
• Psychosocial risks. High workload and pace, work schedules that interfere with training, isolation, lack of support and exposure to inappropriate behaviors.
• Specific evaluation. Job evaluation before joining and in the event of relevant changes, with criteria adapted to the age, experience and development of the person.
• Training, information and guidance. Welcome and understandable information, practical training and direct supervision by designated persons, with clear instructions on what they cannot do.
• Health surveillance. Initial assessment adapted to the position and periodic follow-up, with special attention to development and specific risks.

Organizational application: how to manage the incorporation of minors

1. Verify age and capacity to enter into contracts, and obtain consent or authorization from parents or guardians where appropriate.
2. Evaluate the position before joining, comparing its tasks with the list of prohibited jobs and with the specific risks arising from inexperience, immaturity and development.
3. Define in writing the permitted and excluded tasks, the equipment that cannot be used, and the areas that cannot be accessed.
4. Adjust working hours, breaks and shifts to legal limitations, excluding night work and overtime, and coordinating training time.
5. Inform the young person and their parents or guardians of the risks and the measures taken, and train the minor in a practical and understandable way, with direct supervision from a designated person.
6. Schedule initial and periodic health surveillance adapted to the job and age.
7. Repeat the assessment in the event of any significant changes in working conditions and periodically review the suitability of the tasks.

Preventive management software allows you to identify underage workers on the payroll, associate each one with the specific job evaluation, excluded tasks and working hours restrictions, record the information provided to parents or guardians, training and supervision, schedule health monitoring and generate alerts for job changes or when reaching the age of majority.

Limits and common mistakes

1. Applying the generic job evaluation to the minor without considering the specific risks of their age, experience, and development.
2. Assigning prohibited or dangerous tasks for production needs, or allowing access to excluded equipment and areas.
3. Exceeding the maximum working hours, scheduling night work or overtime, or deducting training time from the calculation.
4. Not informing the parents or guardians or the young person himself of the risks and the measures taken.
5. Delegating supervision to colleagues without designation or clear instructions.
6. Forgetting to re-evaluate in the face of changes in tasks, equipment, or working conditions.

Specific limitations may vary depending on the sector, collective agreement and contractual arrangement; this information sheet is for informational purposes only.

Regulatory and reference framework

• Law 31/1995, of November 8. Law on Prevention of Occupational Risks; article 27, protection of minors.
• Royal Legislative Decree 2/2015, of October 23. Workers ‘ Statute; articles 6, 7, 34 and 37 on the work of minors, capacity, working hours and rest periods.
• Decree of July 26, 1957. Industries and jobs prohibited to minors because they are dangerous or unhealthy, in force with respect to minors.
• Royal Decree-Law 32/2021, of December 28. Labor reform; fifth final provision, mandate to approve the regulations for the protection of underage workers.
• Council Directive 94/33/EC of 22 June 1994. Protection of young people at work.
• INSST. National regulations: minors . Compilation of the regulations applicable to underage workers.
• Royal Decree 39/1997, of January 17. Regulation of Prevention Services; risk assessment and health surveillance.

At the time of this review, there is no record of approval of the regulations for the protection of minor workers provided for in article 27.2 of Law 31/1995; collective agreements and special employment relationships (artists, military establishments) may contain additional rules.