Hiring a 14-year-old Child for Half a Month: Is a Contract Necessary?
Is it necessary to create a contract to employ a 14-year-old child to work for half a month?
Clause 14 of the 2019 Labor Code provides the following regulations regarding the format of labor contracts:
- A labor contract must be concluded in writing and made into 02 copies, one for the employee and one for the employer, except as provided in Clause 2 of this Article.
A labor contract concluded via electronic means in the form of a data message in accordance with electronic transaction laws has the same value as a written labor contract.
2. The two parties may conclude a labor contract verbally for a contract with a term of less than 01 month, except as provided in Clause 2, Article 18, Point a of Clause 1, Article 145, and Clause 1, Article 162 of this Code.
Point a, Clause 1, Article 145 of the 2019 Labor Code states:
- When employing a person under 15 years old, the employer must comply with the following provisions:
a) A labor contract must be concluded in writing with the person under 15 years old and the legal representative of that person;
Based on the current regulations, in the case of employing a 14-year-old child to work for half a month, it is still necessary to create a labor contract.
Does a 14-year-old child have to work 8 hours/day?
Article 146 of the 2019 Labor Code provides regulations on the working hours of minors as follows:
1. The working hours of a person under 15 years old must not exceed 04 hours in 01 day and 20 hours in 01 week; they must not work overtime or at night.
- The working hours of a person from 15 to under 18 years old must not exceed 08 hours in 01 day and 40 hours in 01 week. A person from 15 to under 18 years old can work overtime and at night in certain jobs and occupations specified in a list issued by the Minister of Labor, War Invalids, and Social Affairs.
Therefore, a 14-year-old child must not work 8 hours each day, but only 4 hours (4 hours) each day and no more than 20 hours in 01 week.
Sincerely!
