What You Need To Know About The Protection Of Minors In The Industry
Photoshoots and filming are a huge adventure for children and young people and many kids dream of becoming a star. However, despite all the fun and excitement, protecting the minors within the industry is always the most important thing. The state is responsible for the protection of children and young people, specially when it comes to child labour. This includes children working in film and photography .Whether you are a parent or a child, you should know the following things about working hours during the week and at weekends, the declaration of consent and filming authorisation for children.
What is the Youth Labour Protection Act?
The Youth Labour Protection Act (YLPA) was introduced in Germany in 1960. As a social labour protection law, it serves to protect children and young people. It stipulates the limits within which work is possible from what age and which activities are permitted and prohibited for reasons of risk prevention, among other things. The regulations include working hours, holiday entitlement, working on public holidays and age limits. According to Section 5 of the Youth Labour Protection Act, the employment of children is generally prohibited. However, age-dependent exceptions are possible, particularly in the areas of radio, film, television , photography and theatre.
Employment and working hours
The extent to which a child is allowed to work on productions during the week and at weekends depends on their age and whether they are required to attend school. The following conditions currently apply (as of 2022)
Under 3 years
The Youth Labour Protection Act does not apply to children under the age of 3. This is due to the fact that children of this age are not yet able to carry out work so in most cases, there is a ban on employment among children under 3. Working in film or photography requires parental consent and parental supervision. They aren’t made to pose etc., instead they are photographed and filmed in natural situations.
Between 3 and 6 years
If a child is between 3 and 6 years old, a declaration of consent from the parents is required for employment, as well as confirmation from a paediatrician. You will also need a filming permit for children from the relevant youth protection authority. If all requirements are met, the child may participate in filming for a maximum of 2 hours per day between 8 am and 5 pm.
Compulsory schooling not yet completed
Children of compulsory school age who have not yet completed their education at the age of 9 may be employed for up to 3 hours per day between 8 am and 10 pm. The child may stay on the set for up to 5 hours. You also still need written consent, a filming permit and a letter from a paediatrician. During the school holidays, teenagers between the ages of 15-17 can work up to 8 hours a day for 20 days a year. This is the absolute maximum.
Post school under 18s
It is uncomplicated if models have finished school but are not yet of legal age. Apart from parental consent, no further permission is required. But there is still a working limit: young people work for a maximum of 8 hours per day in a 5-day week with the latest finish at 11pm.
How are weekends different?
Filming and photoshoots don’t just take place during normal working hours. This also benefits the children, as they should not be "working" when more important things such as school demand their attention. For this reason, youth health and safety regulations make exceptions for film and photo productions as well as theatre performances. Work on Sundays and public holidays is only permitted if children and young people have a compensatory day. On the following days, children and young people may only work until a maximum of 2 pm
- Christmas Eve
- 1st Christmas Day
- New Year's Eve
- New Year's Day
- Easter Sunday
- 1 May
Important: Even though for many of us weekends consist of Saturday and Sunday, the regulations for weekends only apply to Sunday and public holidays. Saturday is officially a working day.
Supervision and paychecks
Parents are always responsible for childcare, sp they must ensure adequate supervision during film and photo shoots. The fee is not regulated by the Youth Labour Protection Act, but the possible earnings during the week as well as at weekends depend on the respective project. To make the process as simple as possible, agencies such as starboxx take care of both the negotiations and the invoicing. This allows both the young performers and their parents to concentrate on the essentials. If you have any further questions about the declaration of consent, filming permits for children and best practice for supervision, please do not hesitate to contact us.