Lеgal framework for light work of minors in the field of services and trade

Abstract

The article examines the international legal and national peculiarities of the legal regulation of light work, which can be performed by minor workers. An attempt was made to outline the legislative criteria for the performance of light work in accordance with the legislation of Ukraine, the law of the European Union, the results of legislative work in Ukraine and the introduction of proposals for the improvement of national legislation in order to effectively implement the rights of minor workers in accordance with international standards.
 Carrying out a comparative legal analysis of the legislation of Ukraine and the legislative requirements of the countries of the European Union (Austria, Finland, the Netherlands, Bulgaria, Estonia), the author comes to the conclusion that in Ukraine it is necessary to adopt a list of light jobs that can be performed by minors aged 14 and over. However, the case law of the Supreme Court shows that an employee is hired for a specific position, and not for an easy job. Therefore, it is extremely necessary to provide a list of professions that fall under light work, taking into account the competencies of the simplest work. Such regulation should contribute to the definition of spheres of public life, in which work cannot cause harm to the health, physical, mental, spiritual, moral and social development of minor workers, stand in the way of the educational process.
 It is argued that currently the description of such occupations falls only within the scope of trade and services according to professional standards. However, the register of professional standards lacks competencies for the simplest work. Their establishment is an important step towards ensuring the right to work for minors.
 Attention is focused on improving the labor legislation of Ukraine in terms of determining the working hours of children aged 14 and over. In particular, it is advisable to provide for the possibility of performing light work not only during the holidays, but also in the time free from studies by establishing a daily norm of work lasting no more than 2 hours. In this aspect, it is proposed to consider the legislation of the Netherlands and Austria as a model for borrowing legal norms.
 The author believes that it is appropriate to understand the labor function performed by minors aged 14 and over on the basis of an employment contract with the consent of one of their parents or a person who replaces them, in their free time from school. Its implementation is carried out on the basis of the competencies of the simplest work in the field of trade and services defined by the list of light jobs and established by professional standards.