Whether and to what extent children and adolescents may be employed in Germany is regulated by
In Germany, anyone under the age of 15 is legally considered a child. Those aged 15 to 18 are considered young people. Young people who are subject to full-time compulsory education are subject to the same rules as children.
Children
It is illegal to employ children and young people of compulsory school age in Germany.
However, exceptions apply for children aged 3 and over, for example:
Children are not permitted to participate 'in cabarets, dance halls, and similar establishments, as well as amusement parks, fairs, markets, and similar events, exhibitions, or performances'.
Applying for special authorisation for events
If children are to be engaged for performances or concerts, employers can apply for special authorisation in writing from the trade supervisory office. The application can also be submitted online. Administrative fees apply.
Authorisation is generally granted for a maximum of 30 days per calendar year and child, and working days with multiple employers are added together.
Required documents:
Applications should be submitted at least 10 days before the event. A child may only be employed after receiving the official authorisation notice. Retroactive approval is not possible. Employing a child without official authorisation is prohibited and can result in penalties.
You can use the federal portal to find the responsible local authority to which permission applications for children to participate in events should be submitted.
The remuneration of children is not legally regulated.
Young people
Young people must be at least 15 years old to be employed.
They may work a maximum of 40 hours per week and 8 hours per day (with the possible exception of 8.5 hours from Monday to Thursday, with correspondingly fewer hours on Friday).
Working hours may be between 6 a.m. and 8 p.m., but there are some exceptions:
Permits for these activities must be obtained from the trade supervisory office.
Permits for evening work cannot be granted for evenings before vocational school days.
Adolescents may not be employed on Saturdays or Sundays. Exceptions include musical performances, theatrical productions, other performances, broadcast recordings (radio and television), audio and video recordings, and film and photo shoots.
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What happens if foreign organisers bring foreign children to Germany for a performance/tour?
German regulations on the protection of children and adolescents also apply to the posting and secondment of workers from other EU member states and from non-EU member states to Germany (see zoll.de for more information, in German).
Employment of children and adolescents abroad
EU law
The EU has adopted minimum standards for the protection of young workers (under 18 years of age) and their health and safety in the workplace. It also prohibits child labour: Directive 94/33/EC on the Protection of Young People at Work
Children and young people in Germany enjoy special protection, including through the Act to Strengthen Children and Young People (Kinder- und Jugendstärkungsgesetz – KJSG, information in German).
Protection of children and young people
Awareness of the issue of (sexualised) violence against children and adolescents has grown in recent years. Associations and organisations that work with children and adolescents have developed protection and prevention strategies to help ensure their well-being. These strategies often come into effect when staff are hired or engaged, including those on temporary contracts or volunteers.
When taking up a position involving work with children and young people, it is not unusual for:
Enhanced certificate of conduct
An enhanced certificate of conduct must be submitted by individuals who wish to work with children or young people, among others. It contains entries that are particularly relevant for assessing suitability for working with children and young people. This certificate is required for individuals who supervise, care for, educate, train or have similar contact with children or young people on a regular basis and can be issued to anyone aged 14 and over.
Application
You can apply for an enhanced certificate of conduct
The application fee is approximately €13.
If an employer, association or client requires a certificate of conduct, they must provide a written request for it, which must then be submitted with the application.
European certificate of good conduct
Foreign nationals applying for a certificate of conduct in Germany may receive a European certificate of good conduct.
The European certificate of good conduct also contains information from criminal records in the applicant's country of citizenship in addition to information from Germany.
When applying in Germany through the Federal Office of Justice or the residents' registration office, the applicant's country of origin is requested so that information from its domestic criminal records can be included in the process. The countries have 20 working days (four weeks) to comply. When accepting employment, this processing time should be taken into account.
Information from EU member states can vary considerably. In some cases, it may be necessary to check the extent to which a certificate of conduct from abroad complies with the regulations set forth in the German Social Code (SGB VIII).
The same applies if a person submits a certificate of conduct from a non-EU country when starting employment in Germany.
If the certificate does not meet the requirements, or if it is not possible to obtain an equivalent document to the German enhanced certificate of conduct, employers/clients are advised to gain a personal impression of the individual's work with children and young people.
Employers/clients may also request a self-disclosure statement from the individual.
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