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Hours of work of a young person under 18
Verified 06 décembre 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Any employee (or trainee in a professional environment) under 18 years of age shall benefit from specific provisions concerning working hours, rest periods and public holidays. Some provisions (maximum working time, derogations) vary according to the age of the minor (more or less than 16 years).
What applies to you ?
Depending on your personal situation, the steps to take may vary.
From 16 years
The legal duration of 35 hours shall apply to any employee aged 16 or 17 years.
Working time cannot be greater than normal daily or weekly duration the work of adults employed in the establishment, unless otherwise provided. For example, if the weekly working time in the company is set at 34 hours, an employee aged 16 or 17 must not work beyond that limit.
The employer must allow the employee who is subject to the obligation to take professional courses during the working day the time and freedom necessary to fulfill this obligation.
The time spent on training in an educational institution is considered to be actual working time.
No employee aged 16 or 17 must work more than 4.30 hours continuously. Therefore, when the daily working time is more than 4.30 hours, the employee must be break time from 30 minutes consecutive minimum.
Contract concluded after 2018
Maximum daily duration
The maximum daily working time shall be 8 hours..
Maximum weekly duration
The maximum weekly working time shall be 35 hours..
Derogations
The young worker may be employed at actual work Exceeding 8 hours per day and 35 hours per week, up to 10 hours per day and 40 hours per week for the following activities:
- carried out on building sites,
- carried out on public works sites,
- creation, development and maintenance of landscaped areas on construction sites.
In or before 2018
The maximum daily working time shall be 8 hours..
The maximum weekly working time shall be 35 hours..
An employee who is 16 or 17 years of age may exceptionally work overtime, up to 5 hours per week. The agreement of the labor inspector and the assent of the occupational physician are mandatory.
The daily rest of an employee aged 16 or 17 years shall be at least 12 hours consecutive.
An employee who is 16 or 17 years of age has weekly rest from 2 days consecutive.
However, derogations from weekly rest periods may be fixed (by collective agreement or agreement) if the particular characteristics of the activity so justify.
In case of derogation, the minimum rest period shall be 36 hours consecutive.
The derogation for urgent work (accident prevention, troubleshooting, rescue measures) or work on cleaning industrial premises and maintenance shall not apply.
An employee aged 16 or 17 may not be employed on public holidays, unless he works in one of the following sectors:
- Hospitality and catering
- Caterers and reception organizers
- Coffee, tobacco and drink
- Bakery, pastry
- Fish, meat and cold cuts
- Cheese dairy
- Stores selling natural flowers, gardening and grain stores
- Establishments in other sectors primarily engaged in the manufacture of food products for immediate consumption or exclusively engaged in the retail sale of food
- Shows
Before 16 years
A minor aged 14 or 15 may be authorized to work during school holidays..
The legal duration of 35 hours shall apply to any employee under 16 years of age.
Working time cannot be greater than duration normal daily or weekly working hours of adults employed in the establishment, unless otherwise provided. For example, if the weekly working time in the company is set at 34 hours, the employee under 16 years of age must not work beyond that limit.
No employee under the age of 16 shall work more than 4.30 hours continuously. Therefore, when the daily working time is more than 4.30 hours, the employee must be break time from 30 minutes consecutive minimum.
Contract concluded after 2018
Maximum daily duration
The maximum daily working time shall be 8 hours..
Maximum weekly duration
The maximum weekly working time shall be 35 hours..
Derogations
The young worker may be employed at actual work Exceeding 8 hours per day and 35 hours per week, up to 10 hours per day and 40 hours per week for:
- Activities carried out on building sites
- Activities carried out on public works sites
- Creation, development and maintenance activities on landscaped sites
In or before 2018
Maximum daily duration
The maximum daily working time shall be 8 hours..
Maximum weekly duration
The maximum weekly working time shall be 35 hours..
An employee under the age of 16 may not work overtime.
The daily rest an employee under 16 years of age shall be at least 14 hours consecutive.
An employee under 16 years of age shall be entitled to weekly rest from 2 days consecutive.
An employee under the age of 16 may not be employed on public holidays, unless he works in one of the following sectors:
- Hospitality and catering
- Caterers and reception organizers
- Coffee, tobacco and drink
- Bakery, pastry
- Fish, meat and cold cuts
- Cheese dairy
- Stores selling natural flowers, gardening and grain stores
- Establishments in other sectors primarily engaged in the manufacture of food products for immediate consumption or exclusively engaged in the retail sale of food
- Shows