Exemption Permit

The exemption permit is important if an agency wants to hire a model who is not yet 15 years old. The employment of such young children is generally prohibited in Germany. Under certain circumstances, however, the supervisory authority can suspend this ban and grant an exemption permit for children between the ages of 3 and 15.

Employment as a model falls under Section 6 of the Youth Employment Protection Act (JArbSchG). Paragraph 1, no. 2 sentence 1 regulates all important matters relating to music and other performances, advertising events, recordings on radio and television, on sound and image carriers and on film and photo recordings.

It also stipulates that an exemption permit must be issued in the following cases:

• If a child between the ages of 3 and 6 is to work for up to two hours a day between 8am and 5pm.
• If a child over the age of 6 is to work up to three hours a day between 8 am and 10 pm.

In order to apply for an exemption permit, employers must complete a form.

The following information is requested:

• Personal data (surname, first name, date of birth, address)
• Period of employment (date, number of days, times, total duration)
• Name of the production/event
• Name of the person responsible
• Address of the place of employment
• Activity of the child
• Name of the supervisor

As children and their legal guardians in particular do not really know what to expect before their first modeling assignment, we at Jobwork have compiled the most important information on this topic for you.

In order for the competent authority to grant an exemption permit for the employment of children, a number of conditions must be met or points must be ticked off.

The supervisory authority can only issue the permit if:

• the responsible youth welfare office has dealt with the matter
• the legal guardians have given their written consent to the employment relationship
• a medical certificate is available that eliminates any health concerns regarding the employment (note: this must not be older than 3 months!)
• it can be proven that precautions have been taken to protect the physical and mental development of the child
• it can be proven that precautions have been taken to protect the child's life and health
• care and supervision of the child during work can be guaranteed
• an employment assignment is followed by a break of at least 14 hours
• the child's progress at school does not suffer

Meeting all of these requirements does not automatically mean that the supervisory authority must grant the exemption! The authority also has the right to revoke the permit at any time. Furthermore, the permit is only valid once it has been received by the employer.

As a rule, the competent authority does not issue standard permits, but specifies the applicable rules in each new case.

The following points are usually regulated:

• On which days may the child work?
• At what times may the child work?
• How long does the employment relationship last?
• How long are the rest breaks?
• When are the rest breaks to be taken?
• What is the maximum time the child may stay at the place of employment?

Are there deadlines for applying for an exemption permit?

Yes, there are often fixed deadlines for applying for exceptional permits. It is important to adhere to these deadlines to ensure that the process runs smoothly.

What considerations are taken into account when deciding whether to grant an exemption?

Factors such as the impact on the environment, compliance with certain standards and the justification for the requested exception are taken into account when deciding whether to grant an exception.

Can there be legal consequences if an exemption permit is not complied with?

Yes, if an exemption permit is not complied with, legal consequences may follow, including fines or the ordering of modifications or demolitions.

Are there differences between different types of exemption permits?

Yes, there are differences, as exceptional permits can have different requirements and processes depending on the area, such as construction, environmental protection or event planning.

How long does it usually take for a decision to be made on an application for exceptional approval?

The processing time can vary depending on the jurisdiction and type of exemption. In some cases, the decision is made relatively quickly, while more complex cases may require more time.