The juridical capacity of the minor in labour law and criminal law

• Author: Florentina Gabriela Lazau
• Position: Assist. AGORA University
• Pages: 134-139

134

THE JURIDICAL CAPACITY OF THE MINOR

IN LABOUR LAW AND CRIMINAL LAW

Assist. Florentina-Gabriela L<z<u

AGORA University

Abstract:

This paper refers to the juridical capacity of the minor in two branches of

law: labour law and criminal law, making a comparison between the legal

stipulations regarding the minor in these branches.

According to the Labour Code, the natural person obtains the work

capacity when he/she attains the age of 16. By exception, the minor can conclude a

work contract as an employee also at the age of 15, with the approval of his/her

parents or legal representatives, in order to perform activities which are adequate

to his/her physical development, aptitudes and knowledge, if by this his/her health,

development and professional preparation are not jeopardized. Hiring a person

under the age of 15 is prohibited.

In criminal law, penal liability begins at the age of 16. As an exception, the

minor between 14 and 16 can be held liable for penal offence, but only if it is

proved that he has committed the deed with discrimination. The minor under the

age of 14 is not liable for penal offence.

Key words: juridical capacity, minor, labour law, criminal law.

1. Introduction

The juridical condition of the minor in society is a special one, if we take

into account his/her age, his/her specific features, his growing personality, all of

these being aspects which determine the particular attention that this category of

people benefits by. The necessity to create a social and legal milieu in order to

ensure an adequate development of the minor’s personality is a topic which

remains always current. The people who have not attained yet the age of majority

need an improved legislation which refers to them in order to ensure a better

protection of their rights.

In common law, one obtains the full capacity of exercise when one attains

the age of 18. Starting with this moment of majority, the person has the aptitude of

becoming holder of all the rights and obligations stipulated by the law, of exerting

them and of assuming them by concluding juridical acts. Exceptionally, in some

branches, the law admits the minors’ capacity of becoming subjects in juridical

relations before turning 18. We will analyse two of these: the labour law and the

criminal law to examine the minor’s juridical capacity.

2. The minor – subject in work relations

In the art. 13, the Labour Code establishes the employee’s juridical

capacity, i.e. the aptitude of the natural person of becoming holder of rights and