Legal lacunae and reform proposals in the hiring of minors in professional artistic and sport activities

Abstract

The objective of this paper is to analyse the legal framework for the employment of minors, both those under 18 years old and over 16 -which does not pose excessive problems-, and of those under 16, who, according to Spanish legislation, may work as artists in public shows, prior authorization from the labour authority (art. 6.4 WS). In this regard, this article focuses on the specific issues concerning the latter group (artists under 16), which includes streamers, youtubers, etc., and seeks to propose some legal solutions for the future; taking into account the pending imminent approval of a new Artists’ Statute, which would repeal the current Royal Decree 1435/1985 and will include a new general legal framework for artists, and for artists under 16 years old, affecting many aspects of their labour relation (working hours, night work, etc.). In this context, this paper analyses the projected regulation and suggests a similar solution for professional athletes under 16 years of age; and it emphasizes the urgent need to update our very poor regulations regarding the occupational safety and health of minors, in both categories, over and under 16 years of age.