With the school holidays approaching, many young people are applying for traditional summer jobs to help them out. Many sectors, including the catering and hotel industry, are facing labor shortages this year. Students may be more needed to deal with the influx from tourists.
Attention minors: There are specific regulations that apply. We review the rules that govern seasonal contracts.
A summer job is open to anyone over 16 years of age, though the conditions are different. The rules for young people over 18 who are hired to work in the summer will apply to all employees. Philippe Wagner, co-founder of Captain Contract (a legal platform for VSEs, SMEs, and SMEs), says that minors between 16-18 years old should be careful to not expose them to safety or health risks.
There are exemptions that allow you to hire 14-16-year-olds. This allows them to have a job as a summer worker, but it must not last for more than half of their holidays. A 14-year-old cannot work more than one month if he has had two months of vacation. Also, the employer must obtain authorization from the legal representative of a young person and the labor inspectorate at least 15 days prior to the start of the contract.
Philippe Wagner says that a contract will be more advantageous than an internship, as salaries are determined by the minimum wage. A fixed-term contract is possible in certain industries, such as the catering and hotel industry. You can also sign a seasonal fixed-term contract if you are involved in predictable, regular and cyclical activities related to tourism and the seasons. A classic CDD contract or an interim contract can be signed by the young person. Philippe Wagner notes that young people generally prefer fixed-term contracts, temporary work, and internships.
Young adults under 18 years old cannot work for more than 8 hours per day or 35 hours per week. They must also have two days off with some exceptions. They cannot work for more than 4.5 hours per day without a break. They cannot work at night between 10 p.m. - 6 a.m. The hours between 8 p.m. - 6 a.m. are not allowed for young people aged 14-16.
For young people below the age of 18, a minimum of 12 hours of rest per day is required. It is 14 hours for those below 16. Philippe Wagner notes that there are "exceptional derogations" for people over 16 and younger than 18, which allow them to work up 40 hours per week, sometimes Sundays, depending on their sector.
Summer jobs allow the freedom to leave at any time (usually two and a quarter days per month). If the young person doesn't ask, he will be compensated at the end.
Salary is determined by age. The minimum minimum wage must be paid to any young person who is 18 years or older. The SMIC pays 90% to 17-year-olds, and 80% to 16-17-year olds. The SMIC deductions are invalid if the young person has worked more than six months in the activity to which he applies. The SMIC does not pay a precariousness bonus to a young worker who worked during school holidays.
Philippe Wagner warns that if a young person is hurt or if it is found that they were exposed to borderline missions the employer could face prison and fines of between 3700 and 7500 euros. The penalty for repeat offenders may be more severe. Employers who conceal work are subject to five-year imprisonment and a 75,000 euro fine.