S.I. No. 350/2001 - Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations, 2001

I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 8 (1) of the Protection of Young Persons (Employment) Act, 1996 (No. 16 of 1996) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 )), and having complied with the provisions of that section, 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) Act, 1996 (Employment in Licensed Premises) Regulations, 2001.

2.        In these Regulations —

“general duties” does not include supplying intoxicating liquor from behind the bar counter in licensed premises or supplying it for consumption off those premises

“licensed premises” means premises —

(a)      to which a licence (within the meaning of the Licensing Acts, 1833 to 2000) is attached, and

(b)      the whole or any part of which is used to sell food or intoxicating liquor or both for consumption thereon.

3.        A person who employs a young person to carry out general duties in a licensed premises —

(a)      may require the young person to work up to 11 p.m. on any one day, where —

(i)       the day is not a day immediately preceding a school day during a school term where the young person is attending school, and

(ii)      the young person is not required or permitted to commence work until 7 a.m. on the following day,

and

(b)      shall have regard to the Code of Practice concerning the Employment of Young Persons in Licensed Premises, the terms of which are set out in the Schedule hereto.

SCHEDULE

CODE OF PRACTICE

CONCERNING

THE EMPLOYMENT OF YOUNG PERSONS IN LICENSED PREMISES

Introduction

The main purpose of this Code of Practice is to set out for the guidance of employers and employees the duties and responsibilities (including statutory obligations) in relation to the employment of young persons on general duties in licensed premises.

This Code of Practice covers 16 and 17 year olds, including all second level students (excluding bar apprentices in the licensed trade) who are employed at any time in licensed premises be it summer, other holidays or part-time work.

Meetings and consultations were held for the purposes of the preparation of this Code between representatives of (a) The Irish Congress of Trade Unions, (b) The Irish Hotels Federation, (c) The Licensed Vintners Association, (d) Mandate, (e) The National Parents Council post primary, (f) The Restaurants Association of Ireland and (g) The Vintners Federation of Ireland, who are all party to this Code.

For the purposes of this Code;

“licensed premises” means premises —

(a)  to which a licence (within the meaning of the Licensing Acts, 1833 to 2000) is attached, and

(b)  the whole or any part of which is used to sell food or intoxicating liquor or both for consumption thereon.

“general duties” does not include supplying intoxicating liquor from behind the bar counter in licensed premises or supplying it for consumption off those premises.

To ensure that some of these employees, who may be interested in careers in the industry, are encouraged to consider such long term options, it is important that their work experience is positive and that they receive on-going training.

It is also important that the purpose, function and terms of this Code are known and understood by management, employees, trade unions and parents.

Employers who are party to this Code, shall not discriminate against any young person who seeks his/her entitlements under employment legislation or otherwise or the benefit of this Code.

GENERAL PRINCIPLES

1. Provision of Written Terms and Conditions of Employment

Section 3 of the Terms of Employment (Information) Act, 1994 , provides that an employer must provide a written statement of terms of employment to those employees who are at least 1 month in employment, within 2 months of commencement of employment. Notwithstanding this, these provisions will be complied with by employers covered by this Code on commencement of employment of all young persons in their employment, and shall include such information as is required by the Act, including the rate of pay for the job and starting and finishing times.

Regulations made under section 11 of the 1994 Act require an employer to produce to an employee, who is a young person, a copy of an abstract of the Protection of Young Persons (Employment) Act, 1996 , within a month of commencement of employment. Employers will ensure that this will be complied with.

In accordance with Regulations made under the Act, employers shall ensure that the Abstract of the Protection of Young Persons (Employment) Act, 1996 , is on display in a prominent position.

Employers shall also ensure that the provisions of the Protection of Young Persons (Employment) Act, 1996 , are complied with in relation to the employment of the young persons, with particular regard to hours of work, breaks and finishing times.

Employers shall further ensure that the provisions of the Organisation of Working Time Act, 1997 , are complied with, with particular regard to annual leave entitlement, public holiday entitlement and payment of Sunday premium.

Employers shall ensure that the provision of sections 29 and 30 of the Education (Welfare) Act, 2000 , are complied with. These sections, in summary, provide that a 16 or 17 year old, other than a person who is a registered student or who is engaged in or has completed a prescribed programme of education, training or instruction, may not be employed by an employer unless the person is the holder of a certificate issued by the National Educational Welfare Board. The Act imposes on the Board a duty to provide for the continuing education and training of such young persons.

2. Rates of Pay

(i)   The rate of pay will be a matter for local agreement, whether made collectively or otherwise, having taken into account the provisions of the National Minimum Wage Act, 2000 .

(ii)   Section 4 of the Payment of Wages Act, 1991 , provides that every employer must arrange that a written statement of wages be given to every employee with every payment of wages. Employers shall ensure that all young persons employed are given such written statements of wages and deductions.

3. Induction Training

On commencement of employment, the young person shall receive appropriate training on all aspects of his/her employment. This process shall include the supply of written copies of - i) this Code of Practice; ii) the statement of the terms of the employment; iii) a summary of the provisions of the Protection of Young Persons (Employment) Act, 1996 ; and iv) a copy of any relevant Collective Agreement or Employment Regulation Order.

4. Study Time

Provision should be made for students with impending examinations. These should allow for study leave and leave to sit the exams, without having to work excessive hours in the period approaching the exams. Employers shall ensure that a student's job is protected in the event of his/her returning to work following study/exam leave.

Employees are required to give at least 4 weeks' notice of such leave.

5. Continuing Education and Training

Provision should also be made for young persons who, while they are not registered as full-time students in a school or other education institution, are engaged in education and training programmes. These should allow for reasonable flexibility in the number of working hours and the time of such work as the demands of any education or training programme require.

6. Right to Representation

In the event of the employee having a difficulty with any aspect of his/her contract of employment, the employer recognises the right of the employee to trade union representation.

7. Health and Safety

Employers shall ensure that the risk assessments in the Safety Statement required under the Safety, Health and Welfare at Work Act, 1989 should take account of the particular needs of young persons in employment, with particular regard to the Safety, Health & Welfare at Work (Children and Young Persons) Regulations, 1998.

8. Bullying, Sexual Harassment and Equality Issues

Explanations on these matters and details of internal grievance procedures shall be given in the training session.

9. Requirement to Work Beyond Grade

Employers shall specify in the terms of employment, the types of work that young persons may be asked to perform and prevent abuses by employers such as requiring the young person to perform tasks appropriate to other grades.

10. Consent of Parent or Guardian

Before employing the young person, the employer shall obtain the written permission of the parent or guardian of the young person.

In accordance with the Protection of Young Persons (Employment) Act, 1996 , before employing the young person, the employer shall require the production of a copy of the birth certificate of, or other satisfactory evidence of age of the young person.

Obtaining the consent of a parent or guardian should also include consultation with the employer on arrangements to get the employee home after work.

11. Review of Code of Practice

The Code of Practice may be reviewed after six months in operation.

12. Signatories to the Code of Practice

I hereby agree to the Terms of the Code of Practice as set out above.

Signed in the presence of Mr. Tom Kitt T.D., Minister for Labour, Trade and Consumer Affairs, this   24^th     day of July, 2001.

Detach here (This part is to be retained by the Employee)

Code of Practice - Employment of Young Persons in Licensed Premises

I have read and understand the Code of Practice and agree to adhere to its contents.

Employee ________________________

Employer ________________________

Date         ________________________

Parental or Guardian consent

I agree to the employment of ________________________ with the above employer.

________________________

Signature of either parent or guardian

________________

Date

Detach here (This part is to be retained by the Employer)

Code of Practice - Employment of Young Persons in Licensed Premises

I have read and understand the Code of Practice and agree to adhere to its contents.

Employee ________________________

Employer ________________________

Date         ________________________

Parental or Guardian consent

I agree to the employment of ________________________ with the above employer.

________________________

Signature of either parent or guardian

________________

Date

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations concern young persons (16 and 17 year olds) employed to carry out general duties in a licensed premises (as defined). For the purposes of the Regulations, “general duties” do not include supplying intoxicating liquor from behind the bar counter in licensed premises or supplying it for consumption off those premises.

These Regulations provide that the young person may be required to work up to 11 p.m. in such premises on a day, which is not a day immediately preceding a school day, during a school term where the young person is attending school. The Regulations also provide that, in such circumstances, the young person may not commence work before 7 a.m. on the following day.

These Regulations also provide that the employer of a young person employed to carry out general duties in a licensed premises shall have regard to the Code of Practice concerning the Employment of Young Persons in Licensed Premises, the terms of which are set out in the Schedule to the Regulations.