S.I. No. 348/1977 - Protection of Young Persons (Employment) (Prescribed Abstract) Regulations, 1977.

S.I. No. 348 of 1977.

PROTECTION OF YOUNG PERSONS (EMPLOYMENT) (PRESCRIBED ABSTRACT) REGULATIONS, 1977.

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by Section 25 of the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977), hereby make the following regulations:

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

2. These Regulations shall come into operation on the 1st day of January, 1978.

3. The abstract of the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977), required, pursuant to Section 19 (1) of that Act, to be displayed by every employer at the premises where any of his employees works shall be in the form specified in the Schedule to these Regulations.

SCHEDULE.

ABSTRACT OF PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1977 .

This abstract gives a brief outline of the provisions of the above Act and is not a legal interpretation. For further information, the Act itself should be consulted or a request made to the Secretary, Department of Labour, Davitt House, Mespil Road, Dublin 4.

Explanation of Terms used in this Abstract

"employee" means a child or a young person, as the context may require;

"child" means a person who is under the school leaving age;

"young person" means a person who has reached the school leaving age but is less than eighteen years;

"school leaving age" means the age at which the School Attendance Act, 1926 ceases to apply (at present 15 years);

"the Minister" means the Minister for Labour;

"employ" means employment under a contract of service or contract of apprenticeship.

1. Who is covered by the Act (Sections 1 and 3)

This Act applies generally to young workers under 18 years of age. Those engaged as fishermen, lighthouse or lightship keepers, outworkers and seafarers are at present exempted from some provisions of the Act but not from those setting the minimum age for employment, restrictions on working hours of children and the requirement about evidence of age and parental permission outlined in paragraphs 2, 3 and 4. See also paragraph 16 in relation to agricultural workers and close relatives

2. Evidence of Age and Written Permission of Parents (Section 5)

It is an offence for an employer to employ anyone under 18 years of age, without first requiring the production of a birth certificate. Before employing a child, aged 14 to 15 years, written permission must be obtained by the employer from the parent or guardian.

3. The Minimum Age for Employment (Section 4)

Employment under school leaving age is generally prohibited. As an exception to this, a child over 14 years may be employed to do a certain amount of work—see paragraph 4.

Hours of Work (Sections 4, 7, 8 and 9)

4. Children under 15 (Section 4)

The employment of children under 15 is generally prohibited. However a child over 14 may be permitted to do a limited amount of light non-industrial work provided that it is not harmful to health or normal development and does not interfere with his or her schooling.

The working hours of children shall not exceed:

During school term, the working hours of children must be outside school hours.

Note:

On Saturdays and Sundays during school term, the working hours of children are limited to four hours provided that a child required to work for more than two hours on a Saturday must not work on the next day and a child required to work for more than two hours on a Sunday must not have worked on the day before.

During school summer holidays, a child must not do any work for one full period of 14 days.

5. Young Persons aged between 15 and 16 years (Sections 7 and 8)

The limitations on hours of work are as follows:

6. Young Persons aged between 16 and 18 years (Sections 7 and 9)

The limitations on hours of work are as follows:

7. Special Notes on Hours of Work

( a ) An employer who permits a child over 14 to work longer than the hours in paragraph 4 or a young person to work for longer than the maximum hours limitations in paragraphs 5 and 6 shall be guilty of an offence. (Sections 4, 8 and 9).

( b ) Overtime payment becomes due (see paragraph 8) or time worked in excess of normal hours.

( c ) Time spent with the employer's consent in vocational training during normal hours counts as working time within the limits of maximum hours (Section 11).

( d ) An employee's wages may not be reduced where a reduction in working hours is necessary in order to comply with the hours of work set out in the Act (Section 20).

8. Overtime Pay (Section 10)

Overtime means any hours worked in excess of normal working hours. Overtime is to be paid at not less than the normal rate of pay increased by 25%. Failure to do so will be an offence.

9. Double Employment (Section 16)

An employer must not allow an employee to work for him on any day on which he has worked for another employer except where the combined number of hours worked for both employers does not exceed the daily maximum hours limits (for one employer) mentioned in paragraphs 4, 5 and 6. Not alone may the employer be guilty of an offence in this matter but also the employee (if he is over school leaving age) and a parent or guardian who aids in a breach of this law.

10. Restrictions on Night Work (Sections 14 and 15)

The employment of children under school leaving age, at present 15 years, is prohibited for a period of 14 consecutive hours at night including the interval between 8 p.m. and 8 a.m.

Young persons aged 15 but under 18 years must not be employed for a period of 12 consecutive hours at night including the interval between 10 p.m. and 6 a.m. except for industrial workers who must not be employed between 8 p.m. and 8 a.m.

11. Intervals for Rest (Sections 12 and 13)

Employees who work on more than 5 days a week and whose work on a Sunday exceeds 3 hours, must be given at least 24 consecutive hours rest in every 7 days.

A spell of work shall not continue for more than 5 hours in the case of a young person and for more than 4 hours in the case of a child, without a rest interval of at least 30 minutes, except that certain sections of the Conditions of Employment Act, 1936 shall continue to apply to industrial shift work.

All employees under 18 must be allowed 30 minutes break before beginning overtime which will last more than 1½ hours.

12. Records to be kept by the Employer (Section 5)

An employer must keep a record of the following particulars of each employee under age 18 whom he employs:

(1) full name;

(2) date of birth;

(3) time of commencement of work each day;

(4) time of termination of work each day;

(5) rate of wages or salary paid for normal working hours per day, week, month or year, as the case may be;

(6) the total amount paid to each such employee by way of wages or salary.

Failure to keep these records will be an offence.

13. Notice to be displayed (Section 19)

Every employer of employees under 18 must display at the workplace this approved abstract (summary) of the Act so that it may be easily read by the employees concerned. Failure to display the abstract is an offence.

14. Offences and Penalties (Sections 23 and 24)

Persons who contravene the Act will be liable to be fined, on conviction by the courts. For a first offence, the maximum fine is £100 plus £10 a day for a continuing offence; in the case of a second or subsequent offence, the maximum fine is £200 plus £20 a day.

Proceedings in relation to an offence may be brought by the Minister, by the Trade Union concerned or by the employee's parent or guardian.

15. Money due under this Act (Section 18)

Money due from an employer to an employee under this Act may be sued for in court by the employee concerned. A parent or guardian of the employee or his trade union may also institute proceedings to recover this money on his behalf. Alternatively, where a prosecution for an offence under the Act is brought (see paragraph 14) and it appears that money is due to an employee, the Court may order the employer to pay this money to the employee in addition to any fine it imposes on the employer.

16. Regulations

( a ) Agricultural Workers: the Act applies to agricultural workers subject to modifications to Sections 1 (1), 7, 8, 9 and 10 of the Act.

Regulations entitled: Protection of Young Persons (Employment) (Agricultural Workers) Regulations, 1977 ( S.I. No. 220 of 1977 ) apply.

( b ) Close relatives: the provision contained in Sections 4, 5, 6, 7, 8, 9, 10 or 11 of the Act do not apply.

Regulation entitled: Protection of Young Persons (Employment) (Exclusion of Close Relatives) Regulations, 1977 ( S.I. No. 303 of 1977 ) apply.

17. Complaints and Inspection (Section 27)

Complaints about infringements of this Act may be made in confidence to the Conditions of Employment Section, Department of Labour, Davitt House, Mespil Road, Dublin 4. The Department's Inspectors have powers to enter places of work. question employers and employees and examine records.

GIVEN under my Official Seal this 16th day of November, 1977.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

These regulations set out the abstract of the Protection of Young Persons (Employment) Act, 1977 , which an employer of employees under 18 years of age must display at the principal entrances to his work premises.