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Could a 13 year old sole trader employ someone assuming that they can afford to do so?

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  • To do what? As a personal service? As a broker? Or what?
    – ohwilleke
    Commented Nov 8, 2023 at 23:11
  • 1) Doesn't employment imply a contract? A minor could not sign a contract or agree a verbal contract. 2) By trader do you mean the the minor inherited an active trade or is he trading by himself? Wouldn't the second case be considered child labour?
    – FluidCode
    Commented Nov 30, 2023 at 14:49

1 Answer 1

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in Theory: Yes

There is no law that would actively prevent a minor person from employing people.

However the general caveats about contracts with children apply (including, but not limited to, the ability to void contracts, the requirement of guardians consenting, and more problems stemming from the limited legal capacity of the minor) and might make it hard to find someone who is willing to be employed by the minor person, and at the same time the minor person might have serious problems to fulfill their own obligations as an employer on their own. Among other things, the minor would need to register as an employer, ensure health and safety regulations are followed, and more, all within the very limited time the law allows the minor to work.

It is usually much easier, even for a minor, to hire someone on the basis of a contractor instead of as an employer, as in that case the management and obligations are somewhat lower on the sole trader hiring the contractor, yet the problem with the enforceability of contracts and limited legal capacity remains.

As a result of that, if a minor person inherits a business, the business usually enters a conservatorship till the 18th birthday to ensure the business can act properly.

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  • Yeah, this hits on the first concern I'd have: I do two weeks of work for the kid and then a court tells him he doesn't have to pay me.
    – bdb484
    Commented Nov 8, 2023 at 16:57

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