Protection of Young Persons (Employment) Act 1996
Number 16 of 1996
PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT 1996
REVISED
Updated to 27 July 2022
This Revised Act is an administrative consolidation of the Protection of Young Persons (Employment) Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), made 27 July 2022, were considered in the preparation of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 1996
PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT 1996
REVISED
Updated to 27 July 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Workplace Relations Act 2015 (16/2015)
• Local Government Reform Act 2014 (1/2014)
• Education and Training Boards Act 2013 (11/2013)
• Equality Act 2004 (24/2004)
• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004)
• Education (Welfare) Act 2000 (22/2000)
• Organisation of Working Time Act 1997(20/1997)
• Employment Equality Act 1998 (21/1996)
• Pensions Act 1990(25/1990)
All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022)
• Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2021 (S.I. No. 250 of 2021)
• European Union (International Labour Organisation Work in Fishing Convention) (Minimum Age) Regulations 2020 (S.I. No. 179 of 2020)
• Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014 (S.I. No. 357 of 2014)
• European Communities (Merchant Shipping) (Organisation of Working Time) (Amendment) Regulations 2014 (S.I. No. 245 of 2014)
• Protection of Young Persons (Employment) Act, 1996 (Bar Apprentices) Regulations 2001 (S.I. No. 351 of 2001)
• Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations 2001 (S.I. No. 350 of 2001)
• Protection of Young Persons (Employment) (Prescribed Abstract) Regulations 1997 (S.I. No. 3 of 1997)
• Protection of Young Persons (Employment of Close Relatives) Regulations 1997 (S.I. No. 2 of 1997)
• Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing Or Shipping Sectors) Regulations 1997 (S.I. No. 1 of 1997)
• Protection of Young Persons (Employment) Act 1996 (Commencement) Order 1996 (S.I. No. 371 of 1996)
All statutory instruments up to and including European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), made 27 July 2022, were considered in the preparation of this revision.
Number 16 of 1996
PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT 1996
REVISED
Updated to 27 July 2022
ARRANGEMENT OF SECTIONS
Council Directive 94/33/EC of 22 June 1994
Enactments Repealed
Number 16 of 1996
PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT 1996
REVISED
Updated to 27 July 2022
AN ACT TO REVISE AND EXTEND THE LAW RELATING TO THE PROTECTION OF YOUNG PERSONS IN EMPLOYMENT AND TO ENABLE EFFECT TO BE GIVEN TO COUNCIL DIRECTIVE NO. 94/33/EC OF 22 JUNE 1994 ON THE PROTECTION OF YOUNG PEOPLE AT WORK (OTHER THAN ARTICLES 6 AND 7) AND FOR THOSE PURPOSES TO REPEAL THE PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1977, AND CERTAIN PROVISIONS OF THE CONDITIONS OF EMPLOYMENT ACT, 1936, AND TO PROVIDE FOR RELATED MATTERS. [26th June, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act restricted by European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 (S.I. No. 532 of 2003), reg. 4A, as inserted (4.07.2014) by European Communities (Merchant Shipping) (Organisation of Working Time) (Amendment) Regulations 2014 (S.I. No. 245 of 2014), reg. 2(c).
4A.(1) Notwithstanding the provisions of the Act of 1996 or Regulations made under that Act, a person under the age of 16 years shall not be employed on a ship to which these Regulations apply.
...
Editorial Notes:
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
The application of this Act is confirmed in relation to working hours of persons under 18 years in numerous regulations made under the Industrial Relations Acts 1946 to 2004.