Work authorization for foreign minors.
On March 6, 2020, the Secretary of State for Migration issued Instruction 1/2020, stating that the granting of a residence permit, issued to foreign minors, will also serve as a work permit and will authorize them to engage in employed work once they reach 16 years of age, without the need for any other administrative immigration procedure.
What is an unaccompanied minor?
They are foreign minors who arrive in Spain alone and without an adult or family accompanying them.
Minors without the presence of adults or responsible persons, among whom the
age group between 16 and 18 years is highlighted.
Given their status as minors under 18 years of age, foreign minors in Spain are cared for by the competent child protection services.
Does the unaccompanied minor have a residence permit?
The unaccompanied minor is granted a residence permit, effective from the moment they are placed under the care of child protection services, but this does not automatically authorize them to work.
What is the working age in Spain?
In Spain, work is permitted from the age of 16, subject to special protection rules, and minors may not perform night work or occupy positions that are unhealthy, arduous, harmful, or dangerous to their health or their professional and human development before reaching the age of majority.
How can a foreign minor of working age work?
For foreign nationals, Article 36.1 of Organic Law 4/2000 states that foreign nationals over 16 years of age will require prior administrative authorization to work.
What about the national employment situation in these cases of foreign minors of working age?
The law provides an exemption from the national employment situation in cases where the employment contract is for foreign minors of working age, holders of a residence permit, and under the guardianship of the competent child protection entity, allowing the protected foreign minor to work from the age of 16, with the limitations and prior fulfillment of safeguards that may apply under current labor regulations, and prior fulfillment of the special protection rules provided for in the legal system.
It should be noted that, in the case of emancipated minors, the prior consent of their guardians or the person in charge is required, and in the case of those who do not live independently, the authorization of parents or their legal representatives is required. All of this is in the best interest of the minor.
Martinez & Caballero Abogados
