SECTION 1. COMPETENCE

MINORS

A minor – i.e. anyone who has not reached the age of 18 – lacks the legal capacity to conclude a contract of employment on his/her own. He/she must obtain the explicit or tacit permission from his/her father, mother or guardian. Failing this permission or in the event of refusal, the juvenile court may grant authority at the request of the public prosecutor or a relative. A father, mother or guardian will be heard or summoned prior to this.

MARRIED PERSONS

Article 216 of the Civil Code gives each spouse the right to exert a profession without the approval of the other spouse.

However, if a spouse is of the opinion that this causes serious damage to his/ her moral or material interests or to those of minor children he/she has the right to appeal to the Court of First Instance, and in urgent cases to the President of this court.

The court may make the professional activity dependent on a preliminary change of the marriage settlement of the spouses, for instance, when the chosen activity is financially risky for a partner.

GUARDIANSHIP

An adult who, because of his/her health is incapable, either fully or partially, whether or not temporarily, of defending his/her interests without assistance or other protective measures, can be placed under protection, if and to the extent the protection of his/her interests requires this. This means that in certain cases after a decision by the Justice of the Peace a person can only conclude an employment contract after authorisation or assistance by a guardian and this under penalty of nullity.

SECTION 2. VALID CONSENT

Error, deceit and violence may affect the validity of the permission. In such cases the general principles of contract law are applied.

ERROR

Error may be invoked to ask for the annulment of the contract. In labour law matters error with regard to the cause of the agreement or the nature of the job hardly ever occurs except for errors concerning the capacities of the persons recruited.

Nonetheless, the judge will not be inclined to accept error invoked by the employer since the latter has enough means at his disposal to test the capacities and qualifications of the persons before proceeding to recruitment.