In Romania, labour law lays down strict rules on the employment of minors to protect their health, safety and development. While it is possible for under-18s to be employed under certain conditions, employers must comply with clear rules on the type of work, working hours and their rights. Breaches of these rules can result in severe sanctions for employers, including fines and restrictions on future employment of minors.
This article analyses the legal framework governing the work of minors in Romania, the limitations imposed by the legislation, and the safeguards that employers must implement. In an economic context in which young people increasingly want to be actively involved in the labour market, it is essential that they and their employers are informed about their rights and obligations under the law.
General rules for the employment of minors
According to the Labour Code (Law 53/2003), the minimum age for concluding an individual employment contract is 16. Under certain circumstances, 15-year-olds may be employed, but only with the consent of their parents or legal guardians and only for activities appropriate to their physical and mental development.
However, minors under the age of 15 may not be employed in any legal form, except for cultural, artistic, sporting or advertising activities, which require special authorisation from the competent authorities.
The employment of a minor must respect the following principles:
- Type of labour: The work must not impair the physical, mental or moral development of the minor.
- Duration of working time: Minors aged 15 to 18 may work a maximum of 6 hours per day and 30 hours per week.
- No night work: Minors may not work between 22:00 and 06:00.
- Breaks and days off: At least one 30-minute break for every four hours of work and two consecutive days off per week.
- Rest leave: Minors are entitled to a minimum of 3 additional working days off per year to protect their health.
Protective measures and employers’ obligations
In order to prevent the exploitation or over-exploitation of minors, employers are required by law to implement specific protective measures. Among the most important are:
- Health assessment: the employer must provide a mandatory pre-employment medical check-up and regular check-ups to confirm that the minor is fit for the job.
- Prohibition of hazardous work: Minors may not be employed in hazardous work environments involving toxic substances, extreme temperatures, working at heights, handling heavy equipment or working under intense psychological pressure.
- No overtime: Minors may not work overtime under any circumstances.
- Information and training: Employers are obliged to provide clear training on safety and health at work, adapted to the age and level of understanding of minors.
In addition, the law provides for severe penalties for non-compliance.
For traineeships or internships organised by schools, minors may be involved in professional activities, but these must be strictly educational and not involve risks to their health or development.
Conclusion
The protection of minors in the labour market is a key aspect of Romanian labour law, aimed at preventing exploitation and ensuring a safe and age-appropriate working environment. Employers wishing to employ minors must comply with strict regulations on working hours, safety at work and their rights. Otherwise, they risk severe penalties and legal restrictions.
For young people who want to start a career at an early age, it is essential that they are well informed about their rights and only work with employers who respect the law. Legal advice is also essential for any company considering employing minors to avoid legal risks and ensure a compliant working environment.