Filming with children

Gemany generally has a nationwide ban in regards to the employment of minors. Therefore, if filming with children is planned, an exceptional permit from the relevant supervisory authority is needed. The production company's head office address determines which supervisory authority is responsible. 

The employer requests exceptional permit and it applies to all listed filming locations. If the area of ​​activity extends over several supervisory districts, all relevant offices should receive a copy of the permit. 

• Authorities / health and safety at work in Berlin
• Authorities / health and safety at work in Brandenburg

The permit is limited and revocable at any time. It determines the duration and location of employment as well as rest breaks and the maximum hours of presence on set.
It may also contain other terms and conditions.
The exemption permit entails certain costs.

• Children under 3 years:
  Employment of children under 3 years is strictly prohibited.
   
• Children from 3 to 6 years:
  Employment is allowed up to 2 hours a day from 8 a.m. to 5 p.m. Official approval requires agreements of parents, school, youth welfare office, and a pediatrician.
   
• Children over the age of 6 years and young people up to the end of full-time compulsory education:
  Employment up to 3 hours a day from 8 a.m. to 10 p.m. Official approval requires agreements of parents, school, youth welfare office, and a pediatrician. The time on set for children can be up to 5 hours (residence time), working time on set is limited to 3 hours.
   

• Official permits are not required for young people who have completed compulsory full-time schooling. The regulations of the Youth Employment Protection Act apply. Employment for those no longer subject to compulsory full-time education is limited to a maximum of 8 hours per day, on a maximum of 5 days per week and a maximum of 40 hours per week. Use in music, theater, and other performances as well as direct broadcasts (radio and television) is permitted up to 11 p.m. at the latest and also on Saturdays and Sundays (taking into account the 5 days/week). After the end of the activity young people who are no longer required to attend school full-time may not be employed before they have had at least 12 hours of uninterrupted free time. (§§ 7, 14, 16, 17 JArbSchG)

  Explanations:
  
  A child, for the purpose of the Youth Employment Protection Act, is anyone who is not yet 15 years old.
  A young person for the purpose of this law is someone who is 15 but not yet 18 years old.
  The provisions of the JArbSchG applicable to children apply to young people who are subject to compulsory full-time schooling.

• A written declaration from the responsible youth welfare office
• Agreement of the custodian
• The presentation of a medical certificate, which is not older than three months on the day the application is submitted
• Proof that protective measures have been taken
• Ensuring care and supervision
• Ensuring the prescribed time off for 14 hours    
• Ensuring that school progress is not affected

The application must include the following:

• Name, address, and availability of the employing production company
• Name and date of birth of the child/adolescent
• Time and place of employment (exact information about the planned filming time and locations - x days in the period from - to)
• Brief description of the role, possibly extracts from the script or a complete script (depending on the scope and type of role)
• Film title/director       
• Billing address of the applicant
• Fully completed declaration of consent, where the doctor's signature must not be older than 3 months, and the other declarations should not be older than 6 months

• The application should be submitted no later than two weeks prior to filming!

Information sheets:

• https://www.berlin.de/lagetsi/service/veroeffentlichungen/lagetsi-infos/jugendarbeitsschutz-infos-1531436.php

Application forms:

• https://www.berlin.de/lagetsi/service/eamt/formulare/jugendarbeitsschutz-formulare-1383209.php
• Declaration of consent (parents, school, doctor, youth welfare office) (in English)

• Application for the participation of children and young people in film and TV
  (Click here for AI - Google Translation)
• Declaration of consent (parents, school, doctor, youth welfare office) 

If children residing in Germany are employed abroad, the German Youth Employment Protection Act does not apply. The legal regulations of the country of employment apply (territorial principle).

Since Council Directive 94/33/EEC of 22 June 1994 on the protection of young workers from employment (OJ L 216, p. 12), which entered into force on 25 March 2014, exists, it can be assumed that the same restrictions regarding working hours and potential hazards apply throughout Europe. Therefore, it is advisable to inquire about the laws applicable in the host country and, if necessary, submit an application there.

If a child from abroad is to be employed in Germany, German laws apply (territorial principle). The legal provisions of the country of employment therefore also apply here. 

• In the case of applications from employers whose registered office is located exclusively abroad and who wish to employ children in Germany, the venue of the event is decisive for determining local jurisdiction in accordance with Section 3(1)(4) of the Administrative Procedure Act (VwVfG). If there is no production company or production office in Germany, the application must be submitted to the authority with local jurisdiction over the venue of the event. This does not apply if a temporary place of business has been established in Germany.
• If children are employed who reside abroad and are therefore outside the scope of the Youth Employment Protection Act, it is possible that no competent youth protection authority exists in the respective country for the hearing procedure. Therefore, a hearing with the youth protection authority is generally not required for foreign children. However, it is possible, and potentially helpful if there are concerns about the requested employment of the foreign child, to contact the youth welfare office at the location of the application.

Version of the declaration of consent in English (without the youth welfare office's declaration, as similar procedures do not usually exist in other countries):

• Written consent about the occupation of a childteenager under the age of 15