S.I. No. 220/1977 - Protection of Young Persons (Employment) (Agricultural Workers) Regulations, 1977.

S.I. No. 220 of 1977.

PROTECTION OF YOUNG PERSONS (EMPLOYMENT) (AGRICULTURAL WORKERS) REGULATIONS, 1977.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by section 17 (1) of the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977), and having complied with the provisions of subsections (2) and (3) of that section, hereby make the following regulations:

1. (1) These Regulations may be cited as the Protection of Young Persons (Employment) (Agricultural Workers) Regulations, 1977.

(2) These Regulations shall come into operation on the 5th day of July, 1977.

2. In these Regulations—"the Act" means the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977);

"agricultural employer" means a person who employs other persons as agricultural workers;

"agricultural worker" means a person employed under a contract of service or apprenticeship whose work under the contract is or includes work in agriculture but does not include a person whose work under any such contract is mainly domestic service;

"agriculture" includes horticulture, the production of any consumable produce which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens, private gardens, nursery gardens or sports grounds, the caring for, or the rearing or training of animals, and any other activity connected with agriculture.

3. Subject to the modifications contained in the subsequent provisions of these Regulations, the Act shall apply to agricultural workers.

4. For the purposes of the application of the Act to agricultural workers pursuant to Regulation 3 of these Regulations, the Act is hereby modified as follows:

( a ) the following definition is hereby substituted for the definition of "employment regulation order" in section 1 (1)—

" 'employment regulation order' means an order made by the Labour Court under section 43 of the Industrial Relations Act, 1946 (No. 26 of 1946), following proposals to the Court under section 42 of that Act submitted by the Agricultural Workers Joint Labour Committee established under Section 4 of the Industrial Relations Act, 1976 (No. 15 of 1976)."

( b ) the following section is hereby substituted for section 7.

" 7. In this Act normal working hours in relation to a young person means the normal working hours specified in any employment regulation order which is for the time being in force in respect of agricultural workers.",

( c ) the following section is hereby substituted for section 8—

"8. (1) Subject to the provisions of this Act, an agricultural employer shall not permit a young person in his employment who is under the age of sixteen years to work for him for more than forty six hours in any week.

(2) An agricultural employer who contravenes subsection (1) of this section shall be guilty of an offence."

( d ) the following section is hereby substituted for section 9—

"9. (1) Subject to the provisions of this Act, an agricultural employer shall not permit a young person in his employment who is over the age of sixteen years to work for more than forty six hours in any week.

(2) An agricultural employer who contravenes subsection (1) of this section shall be guilty of an offence."

( e ) the following section is hereby substituted for section 10—

"10. The minimum rates for overtime to apply in respect of time worked in excess of normal hours of work shall be such rates as may be specified in any employment regulation order which is for the time being in force in respect of agricultural workers.".

GIVEN under my Official Seal, this 4th day of July, 1977.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations modify certain provisions of the Protection of Young Persons (Employment) Act, 1977 regarding maximum and normal working hours and overtime pay insofar as they apply to agricultural workers.