One student is not the same as another
Previously, you were allowed to recruit a student under certain conditions via student labour as soon as they were no longer full-time subject to compulsory education.
Students are no longer full-time subject to compulsory education if:
- They are 16 years old or
- They are at least 15 years old and have completed the first two years of secondary education. Attending the second year of secondary education is enough for this. The student does not have to have “passed” that second year.
This has now changed.
Students from 15 years old also with full-time compulsory education
From now on, you can employ a student via student labour from 15 years old even if they are still subject to full-time compulsory education. The condition that the student must have completed at least the first two years of secondary education is therefore removed.
Of course, you must also respect all other conditions of student labour.
Read more: "student labour dossier"
In addition, the law also provides extra protection for 15-year-old students.
Protective measures for students
Only for students aged 15
These students may only perform light work. What this specifically means has been set out in a royal decree published in the official gazette on 4 May 2026.
On a school day, a maximum of 2 hours of work is allowed. During a school period, a maximum of 12 hours of work per week is permitted. These restrictions do not apply during a holiday period. A holiday period is a time when there is no school activity for at least one week, such as the Easter holiday.
Between two working days, you must allow at least 14 consecutive hours of rest. For students from 16 years old, this is only 12 hours.
What is light work?
This means non-industrial work of a light nature.
This refers to the following tasks which do not require specific training and which are not done with or on mechanical work equipment:
- Assistance at reception and cloakroom attendant
- Shelf stocking
- Sales assistant in retail stores
- Logistic activities, such as: receiving, storage, weighing, packaging, labelling, order preparation, stock management or dispatch of raw materials, goods or products
- Light cleaning tasks, meaning tasks that involve low physical strain, require little strength and are of short duration, including dusting, washing dishes, vacuuming or mopping small areas, emptying bins, washing windows at hand height, light cleaning of sanitary facilities
- Light organisational activities in the care sector, such as: distributing and clearing meals and drinks.
Moreover, the activities performed must not compromise the safety, health or development of young workers aged 15 who are still subject to full-time compulsory education.
Furthermore, these activities must not hinder their regular school attendance, their participation in programmes for career guidance or vocational training approved by the competent authority, nor their ability to fully benefit from the education provided.
For all students up to 18 years old
For all students between 15 and 18 years old, there are several provisions regarding the limitation of working hours, the prohibition of night and Sunday work. The existing restrictions on the employment of all students between 15 and 18 years old therefore remain fully applicable.
The main protective measures for young workers are:
- Maximum working hours of 8 hours per day and 40 hours per week. This maximum applies to all employers combined where the young worker is employed. It is therefore not possible, for example, to work two times 25 hours for two different employers
- In principle, no work may be performed between 20:00 and 06:00 (prohibition of night work)
- At least 30 minutes break per working day if the student works more than 4.5 hours and at least 1 hour break if the working day lasts longer than 6 hours. In the latter case, the student must be able to take at least a half-hour break at once.
- Prohibition of overtime except in cases of force majeure
- In principle, there is a prohibition on work on Sundays or public holidays
- Additional rest day on the day before or after Sunday. They therefore always have the right to a weekend of at least 2 days (either Saturday and Sunday or Sunday and Monday)
- Special safety regulations and the prohibition to work in hazardous working conditions
Attention: For 15-year-old students who have not yet completed full-time compulsory education (i.e. have not finished the second year of secondary education), all protective measures remain fully in force and no exceptions are allowed.
Besides certain specific exceptions to these rules, there are also sectoral deviations. For example, the working hours in JC 302. Thus, young workers older than sixteen years may only be employed in the hospitality sector until 23:00.
To find out what applies in your sector, it is best to consult the provisions of your joint committee on Lex4You.
Sanctions
If you do not comply with the conditions regarding the employment of workers aged 15 with full-time compulsory education, you may be criminally sanctioned with a level 2 sanction:
- Either a criminal fine of 400 euros to 4,000 euros
- Or an administrative fine of 200 euros to 2,000 euros
These fines are also multiplied by the number of minors involved.
Entry into force
The measure will enter into force on 14 May 2026, ten days after the publication of the royal decree establishing “light work” for 15-year-old students.
What does Securex do for you?
If you have any questions about this, do not hesitate to contact your Legal Advisor via myHr@securex.be