Protection of Young Persons (Employment) Act 1996
Employment of young persons under regulations.
8.—(1) The Minister may, by regulations, permit any group or category of employers to employ young persons on terms specified in the regulations in lieu of any of those referred to in section 6 (1) and may include in the regulations such conditions as the Minister sees fit:
Provided that the Minister is satisfied that—
(a) the terms of the regulations are in compliance with the terms of the Directive,
(b) the health, welfare and safety of the employees affected will not be endangered, and
(c) compliance with one or more of the terms of section 6 (1) would be impractical due to the seasonal nature of the work or the technical or organisational requirements of the work or for other substantial reasons.
(2) Before making regulations under subsection (1), the Minister shall—
(a) consult such representatives of employers and representatives of employees as the Minister considers appropriate, and
(b) publish in such manner as the Minister thinks fit notice of the Minister’s intention to do so and give persons desiring to make representations in relation to the proposed regulations a period of 21 days to do so.
Annotations
Modifications (not altering text):
C14
Application of section 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.
C15
Application of section restricted (21.05.2020) by European Union (International Labour Organisation Work in Fishing Convention) (Minimum Age) Regulations 2020 (S.I. No. 179 of 2020), reg. 7(5).
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.(5) This Regulation shall apply notwithstanding sections 6(1)(b), 7, 8 and 9 of the Act of 1996.
(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.
Editorial Notes:
E5
Power pursuant to subs. (1) exercised (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).
E6
Power pursuant to section exercised (24.07.2001) by Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations 2001 (S.I. No. 350 of 2001).
E7
Power pursuant to section exercised (24.07.2001) by Protection of Young Persons (Employment) Act, 1996 (Bar Apprentices) Regulations 2001 (S.I. No. 351 of 2001).
E8
Previous affecting provision: power pursuant to subs. (1) exercised (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); 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.
E9
Previous affecting provision: power pursuant to section exercised (2.01.1997) by Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing or Shipping Sectors) Regulations 1997 (S.I. No. 1 of 1997); 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.