[Poland] Employment of adolescent workers – important changes from September 2023

According to two Regulations of the Council of Ministers of 19 June 2023 and 6 July 2023, important changes in employing adolescent workers enter into force in September. The new regulations require taking appropriate actions by employers hiring or planning to hire an employee who is under 18 years of age.  

Higher wages for adolescent workers from 1 September 2023 

The Regulation of the Council of Ministers of 6 July 2023 amended the regulation on the vocational training of adolescent and their remuneration, as a result of which the remuneration of adolescent employees increased by 3% from 1 September. 

The regulation introduced the following changes:  

• the salary percentage ratio is: 
• no less than 8% – in the first year of education or in the first class of an upper vocational school for a young person undergoing theoretical further training at that school; 
• no less than 9% – in the second year of education or in the second class of an upper vocational school for a young person undergoing theoretical further training at that school;  
• no less than 10% – in the third year of education or in the third class of an upper vocational school for a young person undergoing theoretical further training at that school; 
• while adolescents undergoing training to perform a specific job are entitled to no less than 7% of the average monthly salary in the national economy in the previous quarter. 

What rates were in force previously – find out in the article New remuneration rates for adolescent employees from 1 September 2021  

Let us remind you that the remuneration of adolescent employees is determined as a percentage of the average monthly remuneration in the national economy in the previous quarter. Currently, according to the Announcement of the President of the Central Statistical Office of 11 May 2023, the average remuneration in the first quarter of 2023 amounted to PLN 7,124.26. 

A new list of works prohibited for adolescents from 30 September  

On 30 September 2023, the Regulation of the Council of Ministers of June 19, 2023 on the list of works prohibited for adolescents and the conditions of their employment in some of these works enters into force. 

In accordance with the new regulations, the employment of young people aged over 16 years old for certain types of prohibited work (see regulation, Annex 2 ) is permitted if it is necessary for vocational training. However, it cannot be a permanent job, but should be limited to familiarizing young people with the activities necessary to complete vocational training. Such works include, among others: work performed in exposure to the harmful effects of chemical, dust, physical and biological factors and work posing an accident risk. 

Changes in the employment of adolescents – actions required from employers 

The regulations impose a number of obligations on the employer related to working conditions and safety. Employing an adolescent worker in the above-mentioned prohibited work requires the employer to take a number of actions. Their goal is to ensure safety and special health protection for young people while working, especially taking into account the increased risk resulting from such an employee’s lack of experience, awareness of existing or potential threats and incomplete physical and mental maturity. These activities include: 

• ensuring constant supervision of teachers, practical vocational training instructors or other persons authorized to conduct practical vocational training over the performance of work by young people; 
• informing young people, in a way they understand, about possible threats and about any actions taken to protect their health; 

• organizing breaks from work for young people to rest in rooms isolated from factors that are dangerous, harmful to health or burdensome; 
• providing young people with free personal protective equipment protecting against dangerous and health-damaging factors occurring in the work environment and informing young people about how to use these means, 
• providing the young person with work clothes and footwear free of charge, in accordance with the provisions of the Labor Code.  

The employer must also ensure the risk assessment related to the work performed by the young person. The assessment should be carried out before young people start work or when changing work organization. The risk assessment should take into account in particular: 

• assessment of the equipment and organization of positions and workplaces for adolescents; 
• organization of work processes and their connection; 
• identification of chemical, dust, physical and biological factors occurring in the adolescent’s work environment, their impact on the adolescent’s body, the degree and period of exposure to these factors and protection measures; 
• the form, scope and method of using workplace equipment, including machines, tools and equipment; 
• scope and level of training and instructions provided to adolescent workers. 

The employer prepares also lists of works prohibited for adolescents and the workplaces where these works are performed in the workplace. This is to ensure special health protection for adolescents. The lists include:  

• works prohibited for adolescents (a doctor providing preventive health care for adolescents participates in establishing the list); 
• works prohibited for adolescents, for which employing adolescents is permitted for the purpose of vocational training. 

The employer should post a list of prohibited works in a visible place in every organizational unit where young people are employed. 

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