Young worker

Increased needs

When the worker or apprentice is particularly young, he or she is still developing. Their health, both physical and psychological, is more fragile than that of older employees. The employer has an increased duty to protect his or her personality and must take specific measures.

Internship

For young workers, the internship is often the first job they get and their first step into the professional world. In principle, interns have the same rights as other employees, especially with regard to vacations. However, the right to salary in case of illness is limited.

Some employers take advantage of the youth of the trainees to offer them an unpaid internship contract. In most cases, this is an abusive situation.

Working hours

The young employee, in full development, tends to get tired more quickly than other employees. The employer must take this into account. The working hours of young workers are limited. They cannot work certain hours or perform certain dangerous activities.

Salary and social contributions

In principle, the salary of the young employee is subject to the same social contributions as those of his/her colleagues.

The young worker, especially if he or she is an apprentice or trainee, receives a lower salary than his/her colleagues. Sometimes the weekly working time is limited. Since some social security schemes depend on the length of time worked, the amount of the annual salary or the age of the employee, the young worker may not be subject to all social security contributions.

Sexual harassment, mobbing and labor disputes

In general, employers must protect their employees from sexual harassment or mobbing. The employer must also take steps to put an end to labor disputes.

Employers should be particularly mindful of young employees. Because of their inexperience, they may not come forward spontaneously when they experience such situations. The employer must take specific measures.

Protection of legal personality

Young employees and apprentices are particularly susceptible to negative influences within the company. The employer must be aware of this and take measures to preserve the moral character of the company.

Apprentices

Sometimes an employer decides to take on an apprentice. The apprentice is in a relationship of dependence with the employer, who has an increased obligation to protect the apprentice's personality, starting with the hiring interview.

In serious cases, the employer risks losing his authorization to train apprentices if he/she asks questions that are too personal during the job interview or if he/she proselytizes.

During the apprenticeship contract, only termination with immediate effect is possible after the trial period. In such a situation, the employer must take into account the youth and the lack of experience of the apprentice before dismissing him/her for serious misconduct. 

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1 Mar, 2010 byMarianne Favre Moreillon