Act aims to safeguard young workers' health and education

Regulations determine minimum age and conditions of employment to ensure children and younger workers do not miss out on school

The Protection of Young Persons (Employment) Act 1996 came into operation on January 2nd, 1997. The Act is designed to protect the health of young workers and to ensure that work during the school year does not put a young person's education at risk.

The Act sets limits for the employment of "children" (persons under the age of 16) and "young persons" (16- and 17- year-olds).

It also sets rest intervals and maximum working hours, and prohibits the employment of under- 18s on late night work.

In July last year Mr Tom Kitt, the Minister of State for Labour Affairs, signed two sets of regulations relating to the employment of young persons in licensed premises.

The first set of regulations allows young persons to work in licensed premises up to 11 p.m. (previously 10 p.m.) on a night that is not followed by a school day. Bar apprentices regulations were introduced at the same time. Young persons employed as full-time bar apprentices were permitted to be employed up to midnight, provided they were supervised by an adult.

The minimum age for employment:

Employers may not employ those aged under 16 in a regular full-time job. Employers may hire 14- and 15-year-olds for light work:

during the school holidays;

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

as part of an approved work experience or educational programme where the work is not harmful to their safety, health or development.

During term time the maximum number of hours a 15-year-old can work per week is eight.

During the summer holidays, under-16s must have at least 21 days free from work. Under-16s must have a half-hour rest break after four hours work.

Children under 16 may be employed in film, cultural, sport or advertising work under licences issued by the Minister for Enterprise, Trade and Employment.

Under-16s may not be required to work before 8 a.m. or after 8 p.m.

Conditions of employment for 16- and 17-year-olds:

The maximum working day for this age group is eight hours, and the maximum working week is 40 hours. They are entitled to a half-hour rest break after 4½ hours work.

In general, 16- and 17-year-olds may not be employed before 6 a.m. or after 10 p.m.

During school holidays, and on weekend nights when the young person has no school the next day, 16- and 17-year-olds may work up to 11 p.m. The ban on early morning work then moves forward to 7 a.m.

Exceptions are made for young persons employed in fishing, shipping, the defence forces and in the family business or farm. Compensatory rest breaks in a day or a week can be given in place of the specified rest breaks for young persons employed in fishing or shipping.

A person guilty of an offence under the Act is liable on summary conviction to a fine of up to €1,904.61. Continuing contraventions can attract a fine of up to €317.43 per day.