Requesting children's participation in events
For the participation of children and adolescents of full-time school age (hereinafter: children)
- at theatrical performances, musical performances, promotional events,
- in the case of recordings on radio and television, and
- for filming and photography
As an employer, you can apply for an exemption from the ban on child labour.
Employers are all those who employ a child themselves or through a responsible person, for example a theatre, a company or a company (for example, a film production company) or an association (for example, a choir association in regular opera and concert operations).
A permit is required for the employment of:
- Children (from 0 to 14 years of age)
- Full-time school-age adolescents (from 15 to 17 years of age)
For young people who are still subject to full-time compulsory education, the rules applicable to children shall apply.
As a rule, approval is granted for a maximum of 30 days per calendar year and child.
Employment days of several employers are added together.
Samples count as working time and are included in the period of employment.
After termination of employment, the child must be granted the necessary free time of 14 hours between two activities. Participation in school lessons before the end of this period is not affected by this restriction.
A permit is excluded for the participation of children in cabarets, dance halls and similar establishments as well as at amusement parks, fairs, fairs and similar events, exhibitions or performances.
An exception to the employment of a child under 3 years of age cannot be granted.
Employers are responsible for ensuring that the necessary precautions and measures are taken to protect the respective child against dangers to life and health and to avoid adverse physical and mental development at the latest before the start of employment. It is necessary to take into account the totality of the circumstances that play a role in the employment of the child.
Furthermore, employers must ensure the care and supervision of the child. The necessary measures therefore include careful selection, appointment, information and supervision of the supervisor, even if the employers have delegated these tasks.
Process flow
You can submit an application for an exemption from the ban on child labour in writing. The procedure is as follows:
- Fill out the application form
- Attach the required documents
- written consent of the legal guardians,
- the medical certificate (not older than 3 months) and
- the certificate from the school.
- The competent authority examines the application and decides whether the application can be approved.
- The complete application should be submitted on time - at least 10 days before the start of employment.
- Incomplete applications cannot be decided; if necessary, the application will be rejected. Finally, you will receive a notification of approval from the competent authority.
- You may only employ the child after receiving the notice of approval. Retroactive approval is not possible. The employment of children without official authorisation is prohibited and can be punished according to the circumstances of the offence in accordance with the fine and criminal provisions of the Youth Employment Protection Act.
Who should I contact?
The responsibility lies with the State Trade Inspectorates in Lower Saxony. If the employer falls under mining law, the application must be submitted to the State Office for Mining, Energy and Geology.
Areas of responsibility of the State Trade Inspectorates of Lower Saxony
Requirements
A child's activity must involve a creative involvement, for example as a performer, musician, supporting character or person without a speaking role (extra), extra, singer, model.
Exceptions for formative participation can be granted:
- for theatrical performances
- for children over 6 years of age
- up to 4 hours a day
- from 10 a.m. to 10 p.m.
- for musical performances and other performances, advertising events as well as recordings on the radio (radio and television), on sound and image carriers as well as film and photo recordings
- for children over 3 to 6 years
- up to 2 hours a day
from 8 a.m. to 5 p.m.
- up to 2 hours a day
- for children over 6 years up to 9th grade
- up to 3 hours a day
- between 8 a.m. and 10 p.m.
- for children over 3 to 6 years
Which documents are required?
- Declaration of consent (written consent of the custodians)
- medical certificate (not older than 3 months)
- Certificate from the school that there is no risk of worse school performance
- A statement from the Youth Welfare Office can optionally be submitted with the application. Otherwise, this will be obtained by the authority processing the application.
What are the fees?
Administrative fees apply. Fee depends on the scope/duration of the processing of the application
What deadlines do I have to pay attention to?
There is no deadline. Please note, however, that you may only employ the child after receiving the notice of approval and that retroactive approval is not possible.
Legal basis
§ 6 Law for the Protection of Working Youth (Youth Employment Protection Act - JArbSchG)
Official exemptions for events
Applications / forms
Forms available: Yes
Written form required: Yes
Informal application possible: Yes
Personal appearance required: No
Appeal
- An appeal against the decision can be lodged with the locally competent authority for occupational safety and health within one month of notification.
- An unsuccessful opposition procedure is subject to a fee.
What else should I know?
You can obtain the application form on the website of the Lower Saxony Trade Inspectorate.
Comments
You may only employ the child after receiving the notice of approval. Retroactive approval is not possible. The employment of children without official authorisation is prohibited and can be punished according to the circumstances of the offence in accordance with the fine and criminal provisions of the Youth Employment Protection Act.
Technically approved by
Lower Saxony Ministry of Social Affairs, Health and Equality
Author
The text was automatically translated based on the German content.
