S.I. No. 3/1997 - Protection of Young Persons (Employment) (Prescribed Abstract) Regulations, 1997.


S.I. No. 3 of 1997.

PROTECTION OF YOUNG PERSONS (EMPLOYMENT) (PRESCRIBED ABSTRACT) REGULATIONS, 1997.

I, EITHNE FITZGERALD, Minister of State at the Department of Enterprise and Employment, in exercise of the powers conferred on me by sections 12 (1) and 28 (1) of the Protection of Young Persons (Employment) Act, 1996 (No. 16 of 1996), and the Enterprise and Employment (Delegation of Ministerial Functions) Order, 1996 ( S.I. No. 349 of 1996 ), hereby make the following regulations with respect to which, pursuant to section 28 (2) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Protection of Young Persons (Employment) (Prescribed Abstract) Regulations, 1997.

2. It is hereby prescribed that the abstract of the Protection of Young Persons (Employment) Act, 1996 (No. 16 of 1996), shall be in the form specified in the Schedule of these Regulations.

SCHEDULE

ABSTRACT OF PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1996

SUMMARY OF MAIN RULES ON EMPLOYING PEOPLE UNDER 18

Age Limits.

For a regular job, the general minimum age is 16. Employers can take on 14 and 15 year olds on light work:

—part-time during the school term (over 15 years only)

—as part of an approved work experience or educational programme

—during the school holidays, provided there is a minimum three week break from work in the summer

Any child under 16 may be employed in film, theatre sports or advertising under licence.

Maximum Hours of Work per Week

Under 18s may not be employed for more than 40 hours a week or 8 hours a day, except in a genuine emergency. The maximum weekly working hours for 14 and 15 year olds are:

Age

14

Age

15

Term-time

 Nil

8 hours

Holiday work

35 hours

35 hours

Work experience

40 hours

40 hours

Early Morning and Night Work

 The hours permitted are:

 Age

Under 16s

 Age

16 and 17s

Early morning

Night work

after 8 a.m.

after 6 a.m.

—with school next morning

up to 8 p.m.

up to 10 p.m.

—no school next morning e.g. holidays, weekends

up to 8 pm.

up to 11 p.m. (and not before 7 a.m. next morning)

Rest Breaks

 Age

Under 16s

 Age

16 and 17s

30 minutes break after working

4 hours

4½ hours

Every 24 hours

14 hours off

12 hours off

Every 7 days

2 days off

2 days off

Exceptions

The full provisions of the Act do not apply to:

 —employment of close relatives

 —employment in fishing, shipping, or the Defence Forces.

Duties of Employers

Employers must:

See a copy of the birth certificate and, before employing someone under 16, must get the written permission of the parent or guardian.

Keep a register containing the following particulars of each person under 18 employed:

 —full name

 —date of birth

 —time work begins each day

 —time work finishes each day

 —rate of wages or salary paid per day, week, month or year, as appropriate

 —total amount of wages or salary paid to each person

Complaints

Complaints about breaches of the Act may be made in confidence to the Employment Rights Section, Department of Enterprise and Employment, Davitt House, 65A Adelaide Road, Dublin 2, Phone (01) 6614444. The Department's Inspectors have powers to go into places of work, question employers and employees and examine records.

Parents may refer certain breaches of the Act to a Rights Commissioner.

Penalties

Offenders could face fines of up to £1,500, and an extra £250 a day for a continuing offence.

This gives a brief outline of the law and is not a legal interpretation. If you want further information, you can contact the Information Unit, Department of Enterprise and Employment, Davitt House, 65A Adelaide Road, Dublin 2, phone (01) 6614444 or read the more detailed Guide to the Act.

GIVEN under my hand, this 2nd day of January, 1997.

EITHNE FITZGERALD, T.D.,

 Minister of State at the Department of

Enterprise and Employment.

EXPLANATORY NOTE.

The Regulations set out the abstract of the Protection of Young Persons (Employment) Act, 1996 which an employer of employees under 18 years of age must display at the principal entrances to his/her work premises.