General Position
In the 1996 Act a young person is defined as a person who has reached the age of 16 or the school leaving age, whichever is higher), and is under 18. For this age group there is not the general prohibition on employment that exists for children. Instead the law allows a young person to be employed but places clear restrictions on such employment from the point of view of the number of hours worked, when the young person may work, and by providing for set rest periods.

Restrictions on Hours of Work etc.

* The maximum number of hours that may be worked by a young person is 8 hours a day, and 40 hours a week.

* A young person generally may not be employed between the hours of 10pm and 6am. However the Minister may allow this general rule to be varied, by regulation, to prohibit employment between 11pm and 7am. If the young person is attending school the employment up to 11pm must not be on a day that is before a school day. This would allow the employment up to 11pm to operate normally on a Friday and Saturday, but not on a Sunday, which would usually be the day before a school day. Before introducing such regulations the Minister must consult with the employer and trade union organisations, and be satisfied that the variation is required due to the exceptional circumstances in a particular area of work. To date no such regulations have been introduced.

* A young person must get a minimum rest period of 12 consecutive hours in a 24-hour period. However if the young person works no more than two hours per day or is engaged in activities separated over the day, then the 12 hours rest may be interrupted, provided the young person still receives a total of 12 hours rest in the 24 hour period.

* A young person should receive a minimum of 2 days rest in any 7 day period, and as far as possible these rest days should be consecutive. However if the young person works no more than 2 hours per day, or is engaged in activities separated over the day. then the 2 days may be interrupted provided the young person receives 2 days rest in total in any 7 day period.

* A young person is not to work for more than 4 1/2 hours without a 30-minute break. There is no entitlement to pay during such a break period. [S. 6]

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
A parent or guardian of a child or young person may complain to a Rights Commissioner where it is alleged that there has been penalisation of a child or young person for opposing an act outlawed by the legislation. Such a complaint normally should be made within six months.