For employees under 18, the Youth Employment Protection Act (JArbSchG) applies in the office in addition to the Occupational Health and Safety Act. It limits working time to 8 hours a day and 40 hours a week, requires a risk assessment and a safety briefing before the first working day, repeats the briefing at least every six months and requires an initial medical examination before entry into working life.
Who falls under which rules
What counts is age and compulsory schooling, not the name on the contract. The JArbSchG distinguishes children under 15 from young people aged 15 to under 18, and young people still in full-time compulsory schooling fall under the stricter rules for children. From age 18, the Working Hours Act applies as it does to everyone else.
A young person under section 2 paragraph 2 JArbSchG is anyone aged 15 but not yet 18. An apprentice is a person in a vocational training relationship under the Vocational Training Act, regardless of age. An intern is a person who works in the company for a limited period to acquire professional knowledge without a vocational training relationship.
Under occupational safety law all three groups are employees: section 2 paragraph 2 no. 2 ArbSchG expressly includes persons employed for vocational training. For minors, the JArbSchG comes on top.
| Group | Age | Applicable law | Maximum working time | Safety briefing |
|---|---|---|---|---|
| School placement student (full-time compulsory schooling) | usually 14 to 16 | JArbSchG, rules for children (section 5 paragraph 2) | 7 hours a day, 35 hours a week | before starting |
| Apprentices, voluntary interns under 18 | 15 to 17 | JArbSchG | 8 hours a day, 40 hours a week | before starting, then every six months |
| Apprentices, interns aged 18 and over | 18 and over | ArbZG, plus section 9 paragraph 1 JArbSchG if still required to attend vocational school | 8 hours per working day, up to 10 with compensation | before starting, then annually |
Working hours, breaks and vocational school
Young workers may work at most 8 hours a day and 40 hours a week, only on five days a week and only between 6 a.m. and 8 p.m. Breaks are longer than for adults, daily rest is 12 instead of 11 hours, and vocational school counts as working time.
The direct comparison of young workers vs. adults shows where office rotas clash most often:
| Rule | Young workers (JArbSchG) | Adults (ArbZG) |
|---|---|---|
| Daily working time | 8 hours, up to 8.5 hours with compensation in the same week (section 8) | 8 hours, up to 10 hours with compensation (section 3) |
| Weekly working time | 40 hours (section 8) | 48 hours based on six working days (section 3) |
| Rest breaks | 30 minutes for more than 4.5 up to 6 hours, 60 minutes for more than 6 hours (section 11) | 30 minutes for more than 6 hours, 45 minutes for more than 9 hours (section 4) |
| Longest stretch without a break | 4.5 hours (section 11) | 6 hours (section 4) |
| Daily rest period | 12 hours (section 13) | 11 hours (section 5) |
| Permitted hours | 6 a.m. to 8 p.m. (section 14) | no fixed limit, special rules for night work |
| Working days per week | 5 (section 15) | up to 6 working days |
Vocational school is the second planning point. Under section 9 paragraph 1 JArbSchG the young worker must be released for classes and may not be employed before classes that start before 9 a.m. This 9 a.m. rule expressly also applies to apprentices over 18 who are still required to attend vocational school. On a school day with more than five lessons of at least 45 minutes each, a young worker may not be employed at all once a week, and that day counts as the average daily working time (section 9 paragraph 2 JArbSchG).
Annual leave is staggered by age: at least 30 working days for anyone not yet 16 at the start of the calendar year, 27 working days under 17 and 25 working days under 18 (section 19 paragraph 2 JArbSchG). Working days (Werktage) include Saturday: in a five-day week, 25 of them equal 20.8 days actually worked.
Risk assessment and safety briefing before day one
Before a young worker starts, the risk assessment for their specific activity must be in place (section 28a JArbSchG), and the safety briefing must take place before the first task (section 29 JArbSchG). Unlike for adults, the briefing must then be repeated at least every six months, not annually.
The office's existing risk assessment has to be extended by four points the JArbSchG regulates separately:
- Capacity. Work that exceeds physical or mental capacity is prohibited (section 22 paragraph 1 JArbSchG). Relevant when carrying file boxes in registry and post room.
- Work pace. Piecework and work where a higher pace earns higher pay are prohibited for young workers (section 23 JArbSchG).
- Accident risks due to inexperience. Ladders and steps in the archive, shredders with a large feed opening or guillotine paper cutters can fall under section 22 paragraph 1 no. 3 JArbSchG. Such work is then only permitted where it is necessary for the training objective and a competent person supervises (section 22 paragraph 2 JArbSchG).
- Working alone. Single-staffed branch offices or a late reception shift until 8 p.m. with no one to turn to.
The briefing itself is mandatory for all new employees under section 12 ArbSchG and section 4 DGUV Regulation 1, but for young workers with the shorter cycle. The safety briefing deadline calculator works out the next date, and the article on safety briefings in the office covers content and records.
Medical examination, register and notice
A young person entering working life may only be employed if they have been examined by a doctor within the last 14 months and the certificate is available (section 32 JArbSchG). A follow-up examination is due one year after starting. If that certificate is missing 14 months after starting, employment must stop.
Without the certificate, the apprentice may not start on 1 August. The state bears the cost of the examination. Short assignments are exempt: minor employment or employment of no more than two months with light work that poses no health risk needs no initial examination (section 32 paragraph 2 JArbSchG). The typical school placement in an office qualifies.
Medical certificates must be kept until employment ends, at most until the 18th birthday (section 41 JArbSchG). Two often forgotten duties come on top:
- Register under section 49 JArbSchG with first name, surname, date of birth and home address of each young worker employed.
- Notice under section 47 JArbSchG with the Act and the address of the competent supervisory authority, from the first young worker. From three young workers, section 48 JArbSchG adds a notice on working hours and breaks. Which of these has to physically hang on the wall is explained in the article on mandatory notices in the office.
The process before the first working day
Six steps cover the duties before the start. They apply in full to apprentices under 18, to school placement students without the initial examination, and to adult apprentices without the JArbSchG points. Certificate and risk assessment must be settled before the first day.
- Establish age and status. Record date of birth, full-time compulsory schooling and type of employment. This determines whether the JArbSchG, the ArbZG or both apply.
- Request the medical certificate. On entry into working life, ask for the certificate of the initial examination under section 32 JArbSchG, no more than 14 months old.
- Assess the hazards. Extend the risk assessment under section 28a JArbSchG to the specific activity: loads, ladders, work pace, working alone.
- Draw up a working-time plan. Plan working hours, breaks and vocational school days under sections 8 to 15 JArbSchG and align them with the training plan.
- Brief and document. Give the safety briefing on the first day before work starts, file the record and schedule the repeat after six months.
- Set up register and notice. Enter the young worker in the register under section 49 JArbSchG and provide the notice under section 47 JArbSchG.
Three cases from everyday office life
Three typical constellations in a tax advisory firm with 25 employees show how the rules play out. The differences lie mainly in working time, briefing cycle and examination duty, less in the content of the briefing. All three are employees within the meaning of the ArbSchG and need a briefing before starting.
| Case | Maximum working time | Initial examination | Safety briefing | Special point |
|---|---|---|---|---|
| School placement student, 15, three weeks | 7 hours a day, 35 a week | no (section 32 paragraph 2) | before starting | state accident insurance fund responsible |
| Apprentice, 16, tax clerk | 8 hours a day, 40 a week | yes, plus follow-up after one year | before starting, then every six months | 27 working days' leave, school day counted |
| Apprentice, 19, office management | ArbZG, 8 hours per working day | no | before starting, then annually | no work before classes starting at 7:45 a.m. |
Case 1: school placement student, 15. She is still in full-time compulsory schooling, so the rules for children apply: at most 7 hours a day and 35 hours a week, only between 6 a.m. and 8 p.m., with a 60-minute break for more than 6 hours. Because the compulsory placement is a school event, the state accident insurance fund is usually responsible for accidents (section 2 paragraph 1 no. 8 letter b SGB VII).
Case 2: apprentice, 16. He has six lessons on Tuesdays and four lessons from 8 to 11:15 a.m. on Thursdays. Tuesday counts as the average daily working time, 8 hours at 40 hours over five days, and he may not come into the office that day. On Thursday, classes, breaks and the journey to the office count as working time, and the day may not exceed 8 hours in total. Monday, Wednesday and Friday stay at 8 hours each. Anyone not yet 17 on 1 January 2027 is entitled to at least 27 working days' leave.
Case 3: apprentice, 19. The ArbZG applies to her and an annual briefing is enough. Before classes starting at 7:45 a.m. she may still not come into the office, because section 9 paragraph 1 JArbSchG continues to apply to adults still required to attend vocational school.
Common mistakes in the office
Most breaches happen because the business schedules apprentices and interns like adults. Three patterns are typical: the apprentice only joins the annual briefing and the second one is missing. The initial examination certificate is to be "handed in later" and is not there on day one. And the apprentice stays for the client event until 9 p.m., although for young workers in an office work ends at 8 p.m.
Breaches of the core protective provisions can be fined up to 30,000 euros under section 58 JArbSchG. The duties quick-check shows which further duties come with headcount. Anyone who wants to keep the assessment, briefing deadlines and certificates in one place needs an occupational safety specialist on site plus digital, audit-proof documentation. We are happy to clarify open questions in an initial consultation.
This article is general guidance and does not replace legal advice on individual cases. The current versions of the JArbSchG, ArbZG and ArbSchG and the interpretation of the supervisory authority and employers' liability insurance association responsible for your location are authoritative.
