An employee under 18 can be hired legally, but the Labour Code allows this only for two purposes: vocational preparation or performing light work. Added to that are shorter hour limits, a ban on night work and overtime, mandatory medical examinations and separate records. Below we describe how this looks from the perspective of an entrepreneur who wants to take on, for example, a pupil during the holidays.
Who the law treats as a minor and who as a child
The Labour Code uses the term minor (młodociany): a person who has turned 15 but is not yet 18. The rule is a ban on employing persons younger than 15. The exceptions are narrow and concern mainly graduates of the eight-year primary school who turn 15 in the given calendar year, and apprenticeship or training when additional conditions are met (consent of a parent or guardian, a positive opinion of the psychological-educational counselling centre, and sometimes the school principal's permission).
A separate regime applies to children under 16 who appear in a film, advert, performance or sporting competition. Only organisers active in culture, art, sport or advertising may commission such activity. It requires prior consent of the statutory representative and the labour inspector's permission, for which the entity itself applies, enclosing, among others, the opinion of the counselling centre, a doctor's opinion and — for pupils subject to compulsory schooling — the school principal's opinion.
Two permitted forms of employment
Vocational preparation
A minor without professional qualifications may be employed only for vocational preparation, i.e. apprenticeship or training to perform a specified work. The contract must indicate the type of preparation, the time and place of its completion, the manner of theoretical training and the remuneration. Importantly, it can be terminated only on grounds listed in the Labour Code, e.g. in the liquidation of the employer, reorganisation preventing further training or when the minor, despite educational measures, fails to meet their duties.
Light work
The second path is an employment contract (umowa o pracę) for light work. Such work may not endanger the minor's life, health or development and may not interfere with their education. Before letting anyone perform it, the employer must:
- draw up a list of light work after obtaining the consent of the occupational medicine physician;
- obtain approval of that list from the competent labour inspector;
- place the list in the work regulations, or — if the firm is not required to issue them — in a separate document;
- acquaint the minor with the list before starting work.
The list may not include work prohibited to minors, as specified in the Regulation of the Council of Ministers (e.g. work with harmful substances, lifting weights above the norms, operating dangerous machinery).
Working-time limits in 2026
The hour rules are the most common source of lapses, as they differ depending on age and whether the school year is in session.
| Situation | Limit |
|---|---|
| Minor up to 16 | at most 6 hours a day |
| Minor over 16 | at most 8 hours a day |
| Light work during school classes | up to 12 hours a week, up to 2 hours on a class day |
| Light work during school breaks | up to 7 hours a day and 35 hours a week (up to 16: 6 hours a day) |
| Working day longer than 4.5 hours | 30 minutes of uninterrupted break counted into working time |
Compulsory school classes are included in working time, even when they take place outside working hours. The limits for light work apply across all employers combined, so before concluding the contract a statement must be collected from the minor as to whether they work elsewhere.
A minor may not be employed in overtime or at night, which for this group falls between 22:00 and 6:00 (in some cases of persons under 15 already from 20:00). A break covering the night period must last at least 14 hours, and once a week at least 48 hours of uninterrupted rest is due, which should include Sunday.
Employer's duties before and during employment
- Medical examinations. The minor undergoes initial examinations before being admitted, and later periodic and check-up ones. If the doctor finds that the work harms their health, the employer changes the type of work, and when that is impossible, terminates the contract and pays damages equal to remuneration for the notice period.
- School certificate. As a rule, a person who has completed at least the eight-year primary school may be employed.
- Register of minors. The employer keeps a separate register of such employees.
- Information on occupational risk is given not only to the minor, but also to their statutory representative.
- Further education. A minor employee has the duty to continue education until age 18, and the employer must release them from work for school classes.
- Supervision. The firm provides support in adjusting to work, in practice by designating a person responsible for supervision.
It is worth knowing that a person aged 15–17 may enter into employment on their own, without parental consent. The parent may, however, terminate it with the consent of the family court if the employment is contrary to the child's welfare.
Minor's leave
A minor acquires the right to the first leave after 6 months from starting the first job, in the amount of 12 working days. After one year of work they are entitled to 26 working days, and in the year they turn 18 — 20 days. A pupil's leave should be granted during school breaks, and at the pupil's request the employer may grant leave in advance, before the right to it arises.
Example: a pupil in a café for the holidays
The owner of a café wants to employ a 16-year-old pupil for July and August to serve orders and clean the room. The steps she must take:
- prepare a list of light work, obtain the consent of the occupational medicine physician and approval of the labour inspector;
- refer the pupil for initial medical examinations and collect the primary school certificate;
- conclude an employment contract for light work and collect a statement on other employment;
- build a schedule: during the holidays up to 7 hours daily and 35 hours weekly, with a 30-minute break, no shifts ending after 22:00;
- enter the pupil in the register of minors and register them for insurance like any employee.
Instead of an employment contract, companies often offer pupils a mandate contract (umowa zlecenie). A mandate contract with a post-primary school pupil is not subject to ZUS contributions, but it should be remembered that actual performance of work under supervision, at set hours and in a set place may be reclassified as an employment relationship — and then all the restrictions described above apply anyway. More about this form of cooperation is in the article on the mandate contract.
How Good Balance can help
We prepare contracts with minors, keep the records, calculate wages and register employees with ZUS as part of HR and payroll handling. If you are planning to hire a pupil or are not sure whether a given work fits in the catalogue of light work, you are welcome to HR advisory.