In the Netherlands, children under 12 are not allowed to work. This is a general ban, the ban on child labour. Strict rules (Dutch) apply to children and young people aged between 13 and 18.
Only if cultural work (artistic work) is involved can you get an exemption for a child aged up to 12. This kind of work includes taking part in productions of a cultural, scientific, educational or artistic nature, such as fashion shows, audio, visual or audiovisual recordings and similar productions, both online and offline.
Cultural or artistic work
The law defines cultural or artistic work by children as follows:
'Providing assistance in performances of a cultural, scientific, educational or artistic nature, in fashion shows, in audio, visual or audiovisual recordings and comparable 'non-industrial' work of a light nature.'
When is an exemption required?
An exemption is required for children aged up to 12 who want to do cultural or artistic work. This is the only work they are allowed to do, subject to strict conditions. The exemption must be applied for in time with the Netherlands Labour Authority so that everything is arranged before the work starts.
Applying for exemption
The person who has custody of the child while working must apply for the child labour exemption. This could be the employer or parent, but also, for example, a producer; as long as that person directs or supervises the child during the work. This cannot be the person who does the casting. The person with authority can also authorise another person to submit the application.
Authorisation is required to apply for an exemption. This means that the applicant must be registered with the Labour Authority and have permission to make notifications through the notification portal (Dutch).
- No authorisation yet?
If so, the applicant must first apply online to the Labour Authority. After approval, the applicant will receive an authorisation code. This can take up to five working days. The code gives the applicant access to the Notification Portal. - Authorised already?
If so, an exemption can be applied for immediately. The application must be submitted at least 5 working days before the planned activity. It must specify the child's activities and working hours.
The application is made up of 2 parts:
- Details of labour
Once it is clear what the child will do, this section can be filled in. This contains general information such as the nature of production, start and end dates, potential risks and measures to mitigate those risks. - Details of child(ren) and working hours
In this section, the details of the child or children are entered. It also indicates how often the child performs, what the working and rest times are, and whether mandatory expert supervision has been arranged. Working hours can be submitted until shortly before the performance.
Certain online activities, such as those involving so-called kidfluencers (kid influencers), also require an exemption. Read more about that at the kidfluencers page.