Protection of Young Persons (Employment) Act 1996

Exclusion from or modification of certain provisions of Act by regulations in relation to employment of close relatives.

9

9.—(1) Sections 3, 5, 6, 10 and 11 shall apply to the employment of close relatives subject to any exclusion or modification of the application of any or all of those sections or any provisions thereof as may be prescribed:

Provided that the Minister is satisfied that—

(a) the regulations are in compliance with the terms of the Directive, and

(b) the health, welfare and safety of the employees affected will not be endangered.

(2) In this section “close relative” means an employee who is employed—

(a) by his or her spouse, father, mother, grandfather, grandmother, stepfather, stepmother, brother, sister, half-brother or half-sister, and

(b) (i) in a private dwelling house or on a farm, in or on which both the employee and employer reside, or

(ii) in a family undertaking on work which is not industrial work.

Annotations

Modifications (not altering text):

C16

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), 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,

(c) the person does not do any work for a period of at least 21 days during the summer holidays, and

(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.(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:

E10

Power pursuant to section exercised (2.01.1997) by Protection of Young Persons (Employment of Close Relatives) Regulations 1997 (S.I. No. 2 of 1997).