Protection of Young Persons (Employment) Act 1996

Employment of young persons.

6.—(1) An employer shall not employ a young person on any work except where, subject to this section and sections 7, 8 and 9, the employer—

(a) does not require or permit the young person to work for more than 8 hours in any day or 40 hours in any week,

(b) does not require or permit the young person to work—

(i) between 10 p.m. on any one day and 6 a.m. on the following day, or

(ii) between 11 p.m. on any one day (provided the day is not before a school day during a school term where such young person is attending school) and 7 a.m. on the following day, where the Minister is satisfied, following consultation with such representatives of employers and representatives of employees as the Minister considers appropriate, that there are exceptional circumstances affecting a particular branch of activity or a particular area of work as may be prescribed,

(d) ensures that the young person receives in any period of 7 days a minimum rest period of 2 days which shall, as far as is practicable, be consecutive, and

(e) does not require or permit the young person to do for him or her any work for any period exceeding 4 ½ hours without a break of at least 30 consecutive minutes.

(2) The minimum consecutive hours of rest in each period of 24 hours specified in subsection (1) (c) may be interrupted by an employer in the case of a young person employed on activities that do not extend beyond 2 hours in each day or are separated, exclusive of breaks, over the day provided that, in each period of 24 hours, the young person receives a minimum rest period of 12 hours.

(3) The minimum periods of rest during each period of 7 days specified in subsection (1) (d) may be interrupted by an employer in the case of a young person employed on activities that do not extend beyond 2 hours in each day or are separated, exclusive of breaks, over the day provided that, in each period of 7 days, the cumulative rest period is 2 days.

(4) The minimum periods of rest in each period of 24 hours and each period of 7 days specified in subsection (1) (c) and (d) shall not apply to a young person who is employed in the shipping or fishing sectors:

Provided that—

(a) there are objective grounds justifying the non-application of the provisions;

(b) such young persons receive appropriate compensatory rest times at some time during each period of 24 hours and each period of 7 days, and

(5) The limitations on hours of work and on night work specified in subsection (1) (a) and (b), and the minimum periods of rest specified in subsection (1) (c) and (d) shall not apply to young persons who are members of the Defence Forces when they are—

(a) on active service within the meaning of section 5 of the Defence Act, 1954, or deemed to be on active service, within the meaning of section 4 (1) of the Defence (Amendment) (No. 2) Act, 1960;

(b) engaged in action in the course of operational duties at sea;

(d) engaged in training directly associated with any of the aforesaid activities:

Provided that such young persons are allowed equivalent compensatory rest times within 3 weeks of having ceased to engage in the aforesaid activities.

(6) A young person shall not be entitled to be paid in respect of the break specified in subsection (1) (e).

(7) An employer who contravenes subsection (1) shall be guilty of an offence.

Annotations

Modifications (not altering text):

Application of subs. (1)(b) restricted (27.07.2022) by European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022 (S.I. No. 392 of 2022), reg. 12(5). A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

12.(1) Notwithstanding section 3 of the Act of 1996, an owner shall not employ a person under the age of 18 for work on board a craft until that person has reached the age of 16 and is no longer subject to compulsory full-time schooling.

(2) Subject to paragraph (3), an owner shall not require a person under the age of 18 to perform night work on board a craft.

(3) A person over the age of 16 may be required to perform night work where there are objective grounds justifying the requirement provided the effective training of the person under an established training programme would be impaired if he or she did not perform night work, and such work will not have a detrimental impact on the person’s health or well-being.

(4) The owner shall ensure that a person who is required to perform night work under paragraph (3) receives appropriate compensatory rest.

(5) This Regulation shall apply notwithstanding sections 6(1)(b), 7 and 8 of the Act of 1996.

(6) An owner of a craft who fails to comply with this Regulation commits an offence and is liable on summary conviction to a class A fine.

Application of subs. (1)(a) restricted (18.05.2021) by Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2021 (S.I. No. 250 of 2021), reg. 3.

3. An employer in the fishing or shipping sectors may employ a young person in either of those sectors on terms other than those specified in section 6(1)(a) of the Act of 1996 provided that -

(a) any young person so employed is allowed equivalent compensatory rest time within a reasonable period, and

(b) in the case of an employer in the fishing sector, such terms are in accordance with the requirements of Regulation 5(2) of the European Union (International Labour Organisation Work in Fishing Convention) (Minimum Age) Regulations 2020 (S.I. No. 179 of 2020).

Application of section and subs. (1)(b) restricted (21.05.2020) by European Union (International Labour Organisation Work in Fishing Convention) (Minimum Age) Regulations 2020 (S.I. No. 179 of 2020), regs. 5(1) and 7(5).

5.(1) Notwithstanding sections 3, 6 and 9 of the Act of 1996 and subject to paragraph (2), an owner shall not employ a person under the age of 18 for work on board a fishing vessel until that person

(a) has reached the age of 16 years, or

(b) has completed 3 years of post-primary education,

whichever occurs later.

(2) An owner may employ a person who is over the age of 15 to do light work on board a fishing vessel during school holidays provided -

(a) the hours of work do not exceed 7 hours in any day or 35 hours in any week,

(b) the work is not harmful to the safety, health and development of the person,

(d) the person receives the minimum rest periods referred to in section 4 of the Act of 1996, subject to the modification that a reference to a child in that section shall be construed as a reference to a person who an owner may employ under this paragraph.

...

7. (1) An owner or a master shall not require a person who is under the age of 18 to perform night work on board a fishing vessel.

(2) A person over the age of 16 may be required to perform night work where there are objective grounds justifying the requirement provided -

(a) the effective training of the person under an established training programme would be impaired if he or she did not perform night work, or

(b) the specific nature of the duty or an established training programme requires the person to perform duties at night and the competent authority determines that the work will not have a detrimental impact on the person’s health or well-being.

(3) Where a person referred to in paragraph (2) is required to perform night work, the owner or the master shall ensure that the objectives set out in Article 1 of Council Directive 94/33/EC2 are not called into question.

(4) The owner or the master shall ensure that a person who is required to perform night work under paragraph (2) receives appropriate compensatory rest.

(5) This Regulation shall apply notwithstanding sections 6(1)(b), 7, 8 and 9 of the Act of 1996.

C10

Application of subs. (1)(b)(i) of Act restricted by European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 (S.I. No. 532 of 2003), reg. 6A(1), 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(e), subject to para. (2).

[6A.(1) Notwithstanding section 6(1)(b)(i) of the Act of 1996 and subject to paragraph (2), no seafarer under the age of 18 years shall work at night.

(2) A seafarer who is 16 or 17 years of age may be required to work at night if—

(a) the work forms part of an established training programme the effectiveness of which would be impaired by the prohibition in paragraph (1), or

(b) the specific nature of the duty or an established training programme requires such a seafarer to perform duties at night.

(3) The shipowner and the master shall ensure that a seafarer who is 16 or 17 years of age and is required to work at night is allowed equivalent compensatory rest time.]

C11

Application of Act restricted (2.01.1997) by Protection of Young Persons (Employment of Close Relatives) Regulations 1997 (S.I. No. 2 of 1997), reg. 2.

2. It is hereby prescribed that sections 3, 5, 6 (1) (a) and 11 of the Protection of Young Persons (Employment) Act, 1996 (No. 16 of 1996), shall not apply to the employment of close relatives.

Editorial Notes:

Previous affecting provision: application of section restricted (22.07.2014) by Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014 (S.I. No. 357 of 2014), reg. 3; revoked (18.05.2021) by Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2021 (S.I. No. 250 of 2021), reg. 4.

Previous affecting provision: application of section restricted (2.01.1997) by Protection of Young Persons (Employment of Close Relatives) Regulations 1997 (S.I. No. 1 of 1997), reg. 2; revoked (22.07.2014) by Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014 (S.I. No. 357 of 2014), reg. 5.

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Protection of Young Persons (Employment) Act 1996