Equality
Health & Safety
Wages
Holidays
European Legislation
Working Age Children
Working Age Youth
The Equality Authority
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 Working Age - Children Sources of Law * Every employer should guarantee young people working conditions appropriate to their age. * Employers should implement measures necessary to protect the safety and health of young people. * Member States should protect young people against any specific risks arising from their lack of experience, absence of awareness of existing or potential risks, or from their immaturity * Member States should prohibit the employment of young people in certain specific situations. The result in Ireland was the Protection of Young Persons (Employment) Act 1996, which came into operation on 2nd January 1997. This Act replaced the previous legislation, the Protection of Young Persons Act 1977. EMPLOYMENT OF CHILDREN "Child" means a person who is under 16 years of age, or the school leaving age whichever is the higher. General position There are four exceptions to the general rule that children may not be employed, these are as follows: * Employment in cultural, artistic, sporting or advertising activities: The Minister may authorise such employment in individual cases provided that it will not be harmful to the child's safety, health or development, nor interfere with the child's attendance at school. In order to apply for a licence under this provision, an employer should contact the Employment Rights Section of the Dept. of Enterprise Trade and Employment for details of the application requirements. * Employment of children over 14: Outside school term, an employer may employ a child over 14 to do light work. However the hours may not exceed 7 in any day or 35 in any week. During the summer holidays there must be a period of at least 21 days when the child does not work. Finally the work must not be harmful to the child's safety, health, and development. Employment is also allowed for this age group in relation to approved work experience or educational programmes. In such cases the hours must not exceed 8 in a day or 40 in a week. [S. 3(4)] * Employment of children over 15: Such children may be employed during school term in light work, provided that the hours do not exceed 8 in a week. In addition such a child may be employed through an approved work experience or training programme provided the hours do not exceed 8 in a day or 40 in a week. [S. 3(5)] * Employment by a close relative: The Minister introduced regulations in 1997 that allow children to be employed by a close relative in a private dwelling house or farm where they both live, or in a family business where non-industrial work is involved. "Close relative" includes parents, grandparents, brothers and sisters. [S. 9 + SI 2/1997] Restrictions as to Hours etc. Where an employer is allowed to employ a child under the exceptions listed above, the law regulates such employment by means of rules that, for example, restrict the hours worked, and require the granting of rest periods. The principle features of these provisions are as follows: * Children may not work between 8pm and 8am the following day. * Children are to have a minimum of 14 hours consecutive rest in any 24 hour period. However if the child works no more than two hours per day or is engaged in activities separated over the day (e.g. doing morning and evening paper rounds), then the 14 hours rest may be interrupted, provided the child still receives a total of 14 hours rest in the 24 hour period. * Children are to receive two days rest in any seven day period, and these rest days are to be, as far as practicable, consecutive. However if the child works no more than two hours per day, or is engaged in activities separated over the day, then the two days may be interrupted provided the child gets two days rest in total in any seven day period. The Minister may, by regulation, reduce the 48 hours to 36 hours where this would be justified for "technical or organisational reasons". To date no such regulations have been introduced. * Children may not work for more than four hours without a 30-minute break, but there is no entitlement to pay for such breaks [S. 4]. Exceptions!There are certain circumstances where some "employers" do not have to apply the above rules. These include: Employment in the Shipping/Fishing Industries Working for a close relative Granting of Ministerial Licence Working in the Defence Forces Situations of Emergency Making a Complaint: The Rights Commissioner Youth Information Centre Rights Commissioners
Tom Johnson House Employment Rights Information Unit  
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