An employment contract with a minor is an agreement between an under-18-year-old employee and the employer, in which the employee is required to perform work for the employer under their supervision and direction, and the employer must pay the employee for this work and ensure the work conditions specified in the agreement. The permissibility of the young person's employment and the tasks they can perform depend on the young person's age, compulsory schooling requirements, and the nature of the work.
The Employment Contracts Act (hereafter TLS) provides additional protection when entering into an employment contract with a minor, due to the differences in knowledge, experience, abilities, mental and physical health, and compulsory schooling compared to adult workers. Special protection must be ensured for minors against physical, mental, and moral dangers, especially those arising directly or indirectly from their work.
When can a minor be employed? According to § 7 (1) of the TLS, an employer cannot generally enter into an employment contract with a person under 15 years of age or with a minor who is subject to compulsory schooling. A person is considered to be of school age until they complete basic education or reach the age of 17. A person completes basic education after finishing the 9th grade, i.e., completing primary school.
A person under 15 years of age or a minor subject to compulsory schooling can only be employed in specific exceptional cases set out by law, where they are allowed to do limited and less physically or mentally demanding work. According to § 7 (4) of the TLS, an employer may employ and enter into a contract with:
- A 13-14-year-old minor or a 15-16-year-old minor subject to compulsory schooling, provided that the tasks are simple and do not require significant physical or mental effort (light work).
- A 7-12-year-old minor for light work in the field of culture, art, sports, or advertising.
What work can a minor do? A minor’s work obligations must not conflict with the conditions set in § 7 (2) of the TLS. The work should be simple and not require significant physical or mental effort. According to § 7 (2) of the TLS, an employer must not enter into an employment contract or allow a minor to work if:
- The work exceeds the minor’s physical or mental capacities.
- The work threatens the minor’s moral integrity.
- The work involves risks that the minor cannot recognize or avoid due to a lack of experience or training.
- The work interferes with the minor’s social development or educational attainment.
- The work threatens the minor’s health due to the nature of the work or environmental hazards.
These restrictions apply to all minors, regardless of their school obligation and age. In addition, minors are prohibited from performing tasks that involve exposure to toxic, carcinogenic, radioactive, or similar hazards. Prohibited risks include harmful radiation, vibration, high noise levels, and working in excessively low or high temperatures. Work involving the risk of falling from heights, working with high-voltage electrical equipment, or using mechanical cutters (e.g., lawnmowers or trimmers), as well as working on tractors or jobs involving the risk of collapse, is also prohibited. Additionally, minors should not be required to handle objects heavier than five kilograms.
For minors aged 13, the employment contract can be for light tasks such as agricultural work, assistant tasks in commerce or service industries, food or accommodation services, and other jobs that do not threaten the minor’s abilities or morality and do not require significant effort. Additionally, the risks associated with the technology used in the tasks and possible exposure to hazardous substances should be considered. For example, berry picking may be suitable for a minor in agriculture, but it might not be appropriate if the minor spends the entire time in a forced position on a harvesting machine, exposed to fuel fumes and intense sunlight.
Is the employment contract for a fixed term or indefinite? Generally, employment contracts are for an indefinite term, but a fixed-term contract may be concluded for up to five years if there are valid reasons related to the temporary nature of the work, such as a temporary increase in workload or seasonal work (§ 9 (1) of the TLS). Therefore, a fixed-term employment contract can be concluded with a minor for seasonal work. Seasonal work that justifies a fixed-term relationship may include tasks such as haymaking in summer, berry picking in autumn, or snow clearing in winter.
Is parental consent required for employing a minor? To enter into an employment contract with a minor, the minor’s own desire and willingness to work, as well as the consent of their legal representative, typically the parent, is required. The law does not regulate the exact form in which parental consent must be given. Parents can give their consent verbally (for example, during a meeting with the employer) or in writing. The consent may also be given retrospectively, after the minor has already started working. The legal representative of a minor cannot consent to a school-age minor working for more than half of any school holiday period.
An employer is prohibited from employing a minor without the consent or approval of the legal representative. If the employer enters into an employment contract with a minor without the legal representative's consent or approval from the labor inspector, the labor inspector has the right to initiate an administrative procedure against the employer and impose a fine if a violation is found.
Is registration required for minor employees? Under § 8 of the TLS, an employer is prohibited from allowing a minor aged 7-14 to work before the minor has been registered in the employment registry as prescribed by the Taxation Act. When registering a minor in the registry, the employer must provide information about the minor’s legal representative's consent, the working conditions, including the work location and job duties, and whether the minor is subject to compulsory schooling.
Once registered, the labor inspector will check within ten working days to ensure the work is not prohibited for the minor and that the working conditions comply with legal requirements.
How long can a minor work? The TLS § 43 (4) specifies working hour limits for minors depending on their age and schooling status. The working time is determined based on whether the minor works during school holidays or during the school term. During the school term, working hours are limited to ensure sufficient time for the minor to obtain an education.
The working hour limits for minors are as follows:
| Age Group | During School Term | During School Holidays |
|---|
| 7–12 years old | 2 hours per day, 12 hours per week | 3 hours per day, 15 hours per week |
| 13–14 years old or older (compulsory schooling) | 2 hours per day, 12 hours per week | 7 hours per day, 35 hours per week |
| 14 years old (vocational training) | 7 hours per day, 35 hours per week | 7 hours per day, 35 hours per week |
| 15 years old (vocational training) | 8 hours per day, 40 hours per week | 8 hours per day, 40 hours per week |
| 15–17 years old (non-compulsory schooling) | 8 hours per day, 40 hours per week | 8 hours per day, 40 hours per week |
Additionally, minors must be given a break after no more than 4.5 hours of continuous work.
Minors cannot work between 8:00 PM and 6:00 AM. Any agreement made between the employer and the minor to work during these hours is void. However, minors are allowed to perform light work under adult supervision between 8:00 PM and 12:00 AM in cultural, artistic, advertising, or sports activities (TLS § 49 (2)).
What is the minor's basic vacation? According to § 56 of the TLS, minors are entitled to 35 calendar days of basic vacation each year. The vacation is granted proportionally based on the time worked. For example, if a minor starts working in July, they are entitled to a proportionate amount of the extended basic vacation, approximately 18 calendar days. The purpose of extended basic vacation is to ensure that the minor has enough time for education and social development.
Can the employer receive support for hiring a minor? If an employer hires a minor aged 13–16, they may be eligible for employment support from the Estonian Unemployment Insurance Fund. The employer can apply for support if they have paid a gross salary of at least 1000 euros to 13–16-year-old employees in the previous calendar year. Applications can be submitted each year by March 31st for the previous year, and the support is 30% of the gross salary paid to each 13–16-year-old employee.
How is the minor's salary paid? In general, the employer pays the salary to the employee's designated bank account. The parties may also agree on an alternative method of payment as per § 33 (4) of the TLS. The TLS does not prohibit paying the salary in cash if the employee and employer agree. In such cases, it is advisable to specify the location where the employee will receive the cash.
