The Law for Prevention of Youth Employment and Harm to Small Businesses
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The Law for Prevention of Youth Employment and Harm to Small Businesses

Doron Afik, Esq.
June 21, 2017
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The main legislative mistake in the Israeli Youth Employment Law, 1953, is the name of the law: the correct name should have been: the law for prevention of youth employment and harm to small businesses.  I have two amazing sons who grew up without any shortage of money but both, as did I, were raised to financial independence and being citizens who contribute to the state and society.  However, when the eldest recently turned 16 and wished to commence working officially, we discovered that the statesman of the State of Israel, as we, watched Mary Poppins and other wonderful films depicting life in 19th century England and were deeply impressed by them.   Nevertheless, because in recent years we see in Israel less and less boys engaged in chimney sweeping, it seems the time has come to update the archaic legislation for (prevention of) youth employment.

The Youth Employment Law was enacted over 50 years ago and has never been properly adapted to the modern age.  As is the case with other archaic legislation the law is based on reality that long gone (similar to the law that deals with the (prevention of) employment of women (and encouraging women discrimination) enacted a year thereafter).  In modern age where a fair portion of jobs is done behind a computer (to which children are accustomed since infancy), it makes no sense to set unnecessary draconian constraints preventing employment of youngsters. Now, more than ever, the State needs to encourage youngsters to get out of the house, disconnect from the "computer infusion" and work in a job appropriate to their age, to finance their expenses and create a financially independent generation.

Among the ridiculous requirements of the law, for example, is a medical examination by a family doctor required for any employment of a youngster, even if it is not physical work, or, for example, the prohibition on hiring youngster after 10 PM on school days or midnight on vacation days. Another bizarre requirement is that the employer "will return the youngster home at the end of the shift, by himself or by his representative." I can guess what the reaction of my son or one of his friends if they work a few hundred meters from home and the employer will try to do so.

And the (rotten) cherry on the top: a criminal prohibition on employment of young Jews on Saturday (even if the business holds a gen permit to work on the weekend). Even if we ignore the fact that in the 21st century they no longer light homes with oil lamps and youngsters no longer retire at 10 PM, Saturday is the day of the week when youngsters wish to work (especially during the school year) and this is an unreasonable demand (that Labor Courts for some reason insist to uphold).

Beyond the fact that the law ignores the right of youngsters to freedom of employment, the fact that some come from families where another provide is a must and the fact that the State sends a terrible message that they are not to develop economic independence, the Prevention of Youth Employment Law also damages small businesses, which have always been based on youth employment. Pizza places, ice cream parlors, catering services and banquet halls can not function without youngsters and obeying the law means a death sentence for them. This means that such businesses are forced to operate (for many years) against the law and rights of youngsters are jeopardize because the law doesn't really protect them.  It is better to limit the working day in a week for youngsters and ensure studies are not jeopardized than to set unrequired limitations that nobody honors.

I too worked in a kitchen of a catering service since the age of 16 and in other jobs, and yet, or perhaps because of this, I succeeded over the years to become a business owner employing many employees. There is no harm in education for economic independence from a young age. The opposite. The time has come to cancel this archaic law and enact a new law to protect rights of youngsters and not harm them.