The work authorization in favor of foreign minors.
On March 6, 2020, the Secretary of State and Migrations issued Instruction 1/2020 in which it states that the granting of a residence permit, issued in favor of foreign minors, will also act as a work authorization and will enable them to carry out employment as an employee at the time they reach 16 years of age, without the need for No other administrative procedure in immigration matters.
What is an unaccompanied minor?
They are foreign minors who arrive in Spain alone and without an adult or family to accompany them.
Minors without the presence of adults or responsible persons, including
underlines the age range between 16 and 18 years.
Given their condition as minors under 18 years of age, foreign minors are cared for in Spain by the competent services for the protection of minors.
Does the unaccompanied minor have a residence permit?
The unaccompanied minor is granted a residence permit, with an effective date from the moment in which they have been made available to the child protection services, but it is not automatically enabling them to work.
In Spain, what is the working age?
In Spain it is allowed to work from the age of 16, in accordance with special protection rules, and not being able to carry out before the age of majority, night work, or occupy positions that are unhealthy, painful, harmful or dangerous for their health or for their professional and human training.
How can a foreign minor of working age work?
foreigners, article 36.1 of Organic Law 4/2000 states that foreigners over 16 years of age will require prior administrative authorization to work.
What happens with the national employment situation in these cases of foreign minors of working age?
The law brings an exemption from the national employment situation in those cases in which the employment contract is addressed to foreign minors of working age, holders of a residence authorization, and supervised by the competent entity for the protection of minors, giving the possibility that the foreign minor in care can work from the age of 16, with the limitations and prior compliance with the safeguards that, where appropriate , proceed under the current labor regulations, and prior compliance with the special rules of protection that are provided for in this regard in the legal system.
It should be taken into account 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. All this, under the protection of the best interest of the child.
Martinez & Caballero Abogados