FILMING WITH MINORS

All minors under 16 years of age who participate in an audiovisual work with leading or supporting roles in the Region of Madrid must be authorised by the Directorate General for Labour of the Spanish Ministry of Economy, Employment and Competitiveness of the Region of Madrid, through the Subdirectorate General for Programming and Labour Organisation. .

Conditions

Persons under 16 years of age may take part in public performances, provided that such participation does not endanger their physical health or their professional and human training, in accordance with Spanish Royal Decree 1435/1985 , which regulates the special employment relationship of artists in public performances.

The participation of minors under 16 years of age in public performances must be authorised by the labour authority prior to conclusion of the corresponding contract.

Under no circumstances are interventions authorised that involve:

• Night-time intervention (between 10 p.m. and 6 a.m.)
• Performance of overtime
• Working hours in excess of 8 hours of actual work. A minimum daily rest period of 30 minutes must be guaranteed. Care should be taken to ensure that the intervention does not coincide with the child's school hours.
• More than 5 days of intervention per week. The weekly rest period shall be two uninterrupted days.

Processing

Receipt of the application implies the opening of a file for processing that requires the express request of the minor’s parents or legal representatives, as well as their declaration to the effect that the action referred to will not entail any harm whatsoever to their physical health or to their professional and human training.

The Directorate General of Labour issues a decision authorising or denying the minor's participation in the requested performance, which, if authorised, will specify what the performance is and the minor's participation.

In view of the documentation provided and if deemed appropriate due to the circumstances of the specific case, a report may be requested from the Labour Inspectorate.

The following documents are among the documents required with the application:

• Written authorisation and declaration that the intervention does not entail any risk for the child signed by the parents with parental custody
• Written consent signed by the minor over 7 years of age
• The child's last school grades or a favourable report from the guardian of the school where the child attends school.
• Brief description of the play and the scenes in which the child is involved
• Responsible declaration from the production company stating that the intervention of minors does not entail risks to their physical health, professional and human training.
• Responsible declaration by the production company stating that it complies with the provisions of Article 13 of Spanish Organic Law 1/1996, of 15 January, on the Legal Protection of Minors.
• Occupational Risk Assessment of the jobs to be performed by minors.

Application

The application can be processed electronically by means of the e-administration portal of the Community of Madrid or in person at the registers by downloading the authorisation application form.

• Electronic processing, by means of the procedure for authorising the participation of minors under 16 years of age in public events (recommended).

  What do I need to be able to use e-Government services? Consult the Processing Guide

Electronic processing


• Application for authorisation, to be submitted at any of the official Community of Madrid registers.
  Authorisation Filming with minors

The maximum time limit within which the express decision must be notified shall be that set by the rules governing the corresponding procedure. Where the rules governing the procedures do not set a maximum time limit, this shall be three months.

However, the Directorate General for Employment will decide prior to the date indicated in the application for the intervention of the minor, provided that the application is received at least five working days before the aforementioned date. For projects with special needs, it is advisable to consult the Subdirectorate General for Programming and Labour Organisation before applying for authorisation.