What children and teenagers can legally do and what parents must consent to

As summer vacation approaches, questions arise about the legal rights of children and teenagers regarding their finances and independence. Barbara Beclin, a professor at the Institute of Civil Law at the University of Vienna, clarifies key aspects of Austrian law concerning minors.

For individuals aged 14 and above, Austrian law (§ 170 ABGB) grants them the right to manage money or possessions freely provided by their parents. This includes pocket money, which they can use for their own discretion. Even younger children, typically seven years and older, can make valid purchases with their pocket money if these are considered typical for their age and are minor, everyday matters. For larger or age-atypical purchases, such as a ten-year-old buying a used bicycle, the parents' implicit consent through the provision of generous pocket money can validate the transaction.

Regarding employment, teenagers can begin taking on summer jobs (Ferialjobs) from the age of 15, provided their compulsory schooling has ended. They can independently enter into employment contracts, although parents can dissolve these contracts for significant, particularly educational, reasons if the job jeopardizes academic success. However, summer jobs during holidays are unlikely to harm school performance, except perhaps in cases requiring a follow-up exam in the autumn.

Earnings from these summer jobs are generally at the teenager's disposal. However, personal income typically reduces the entitlement to financial support from parents. Teenagers are expected to use their earnings primarily for their own living expenses and may even be required to contribute to household costs. Nevertheless, court rulings suggest this requirement does not apply to short-term summer jobs lasting up to one month. Furthermore, if parents explicitly allow their children to use their earnings freely, no contribution to maintenance is expected, even for longer jobs.