Can an apprentice work at night?
Can an apprentice work at night?
My 15-year-old daughter has just started an apprenticeship as a baker. I was rather surprised to learn that her boss is asking her to work at least one Sunday a month and maybe even some evenings until late at night, depending on special orders placed in the shop, which is supposedly part of her training. I thought that minors weren't allowed to work on Sundays or at night, weren't they?
M, Nyon
You are partly right: the Labour Act (LTr) and the Ordinance on the Protection of Young Workers (OLT 5) include special rules to protect employees under the age of 18, particularly as regards the hours and days on which they are allowed to work.
As a general rule, minors may not work for more than nine hours a day within a twelve-hour period, including breaks. In addition, minors may only work until 8 p.m. if they are under the age of sixteen and until 10 p.m. at the latest if they are over sixteen. They must also have a daily rest period of at least twelve consecutive hours. In principle, therefore, an employer is not permitted to employ young workers at night or on Sundays (art. 31 LTr and 16 OLT 5).
However, there are exceptions to this prohibition, particularly for young apprentices in certain professions where such work outside "normal" working hours is part of the training. These exceptions are listed in an ordinance issued by the Federal Department of Economic Affairs, Education and Research (DEFR).
For apprentice bakers, confectioners and confectioners, this ordinance provides for special authorisation to work at night, but limited to a maximum of five nights a week from 4am (exceptionally 3am on the eve of Sundays and public holidays) for minors aged 16 and over, and a maximum of five nights a week from 3am (2am on the eve of Sundays and public holidays) for young people aged 17 and over.
These apprentices are also authorised to work on Sundays, up to a maximum of once a month from the age of 16 and twice a month from the age of 17.
In the case of your daughter, who has not yet turned 16, working at night and on Sundays is effectively prohibited, unless her employer has applied for and obtained special cantonal authorisation.
