Dhe musician Angelo Kelly has to pay a fine of 3,000 euros for a stage appearance by his youngest son. “During this performance, the child William stood on stage for at least 30 minutes, played along, sang along and also interpreted his own song. This is an employment within the meaning of the Youth Labor Protection Act, ”said the judge on Friday in front of the district court in Haßfurt (Bavaria). The judgment is not final. Angelo Kelly and his lawyer announced they would appeal.
“As a father, the most important thing for me is the well-being of my children,” said Angelo Kelly on his Facebook account after the verdict was announced. The 39-year-old did not have to appear in court. “William was and is never obliged to appear with us at our shows. If he did it, it was only because he wanted to. “
“We think the verdict is legally wrong,” said Kelly’s attorney. “It is far removed from the fact that an entertaining stage visit in the presence of the mother and siblings at a concert of one’s own father with a small, spontaneous and voluntary musical activity should represent an“ occupation ”.”
The musician had received a fine of 5,000 euros from the government of Lower Franconia in October because his then four-year-old son William was on stage in the summer of 2019 as part of an open-air concert at Eyrichshof Castle near Ebern in Lower Franconia. Kelly resisted the decision and appealed.
According to the judge, the action of the trade office was not disproportionate, but a “prime example” of a violation of the Youth Labor Protection Act.
According to this, children over three to six years of age can participate in music performances for up to two hours a day, with an official exception, and take part in rehearsals – but only from 8 a.m. to 5 p.m. According to the authorities, Williams’ appearance ended at 8:20 p.m.