Protection of Young Persons (Employment) Act, 1977

• Permanent Page URL

Number 9 of 1977

PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1977

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 9 of 1977

PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1977

AN ACT TO REGULATE THE CONDITIONS OF EMPLOYMENT OF YOUNG PERSONS AND TO MAKE PROVISION FOR MATTERS CONNECTED THEREWITH. [6th April, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“agreement” means a collective agreement, an employment regulation order or a registered employment agreement;

“child” means a person who is under the school leaving age;

“collective agreement” means an agreement by or on behalf of an employer, on the one hand, and by or on behalf of an entitled trade union or entitled trade unions representative of the employees to whom the agreement relates, on the other hand;

“employ” means employment under a contract of service or a contract of apprenticeship;

“employee” means a young person or a child as the context may require;

“employment regulation order” means an employment regulation order within the meaning of Part IV of the Industrial Relations Act, 1946;

“entitled trade union” means a body entitled under the Trade Union Act, 1941 , to carry on negotiations for the fixing of wages or other conditions of employment;

“hours of work” does not include periods of rest during which the employee is not required to be available for work;

“inspector” means a person appointed by the Minister to be an inspector for the purposes of this Act;

“the Minister” means the Minister for Labour;

“normal working hours” has the meaning assigned to it in section 7 of this Act;

“outworker” has the meaning assigned to it by the Conditions of Employment Act, 1936 ;

“registered employment agreement” means a registered employment agreement within the meaning of Part III of the Industrial Relations Act, 1946 ;

“representatives of employees” means such trade unions as are, in the opinion of the Minister, representative of the employees in relation to whom the expression is used, or where there is no such trade union, such persons as are, in the opinion of the Minister, representative of such employees;

“representatives of employers” means such associations as are, in the opinion of the Minister, representative of the employers in relation to whom the expression is used, or where there is no such association, such persons as are, in the opinion of the Minister, representative of such employers;

“the school leaving age” means the age at which the School Attendance Act, 1926 , ceases to apply;

“week” means a period of seven consecutive days;

“young person” means a person who has reached the school-leaving age but is less than eighteen years of age.

(2) A person holding office under the State, and a person in the service of a local authority, shall, for the purposes of this Act, be deemed to be employed by the State or the local authority, as the case may be.

Industrial work.

2.—(1) In this Act “industrial work” means—

(a) industrial work within the meaning of section 3 of the Conditions of Employment Act, 1936 (as amended by section 2 of the Conditions of Employment Act, 1944 ),

(b) work carried out in mines,

(c) work in the transport of persons or goods, and

(d) such work as the Minister may by order under subsection (2) of this section declare to be industrial work for the purposes of this Act.

(2) The Minister may by order declare any form of work to be industrial work for the purposes of this Act.

(3) The Minister may by order amend or revoke an order under this section including an order under this subsection.

Non-application of Act.

3.—(1) This Act, other than sections 4, 5 (1) (a), 5 (1) (b), 5 (4) and 6, shall not apply to work as—

(a) a fisherman,

(b) a lighthouse or lightship keeper,

(c) an outworker, or

(d) a seafarer.

(2) This Act, other than sections 4, 5, 8, 14 and 15, shall not apply to work in the Defence Forces.

(3) The Minister may by order extend any provision of this Act to any work to which this Act does not apply.

(4) The Minister may by order revoke or amend an order under this section including an order under this subsection.

Minimum age for employment.

4.—(1) Subject to the subsequent provisions of this section an employer shall not employ a child to do work.

(2) An employer may, subject to subsections (3) and (4) of this section, employ a child who is over the age of fourteen years to do light non-industrial work which—

(a) is not harmful to the health or normal development of the child, and

(b) is not such work as will affect the attendance of the child at school or his capacity to benefit from the instruction given him therein.

(3) (a) Whenever an employer employs a child during school terms pursuant to subsection (2) of this section, the hours of work of the child shall be outside school hours and shall be—

(i) not more than two hours on any day, other than a Saturday or a Sunday,

(ii) not more than fourteen hours in any week,

(iii) not more than four hours on a Saturday or a Sunday:

Provided that—

(A) if a child is required to work for more than 2 hours on a Saturday, he shall not work on the next following Sunday, or

(B) if a child is required to work for more than 2 hours on a Sunday, he shall not have worked on the immediately preceding Saturday.

(b) This subsection shall remain in force only until the expiration of the period of two years beginning with the coming into force of this Act unless it is continued in force by an order under subsection (5) of this section.

(4) Whenever an employer employs a child during school holidays pursuant to subsection (2) of this section, the hours of work of such child shall be—

(i) not more than seven hours in any day, or

(ii) not more than thirty-five hours in any week:

Provided that during the period of the school summer holidays, the child does not do any work for a period of not less than fourteen consecutive days.

(5) The Minister may by order at any time when subsection (3) of this section is in force provide that that subsection shall continue in force for a period not exceeding twelve months from the commencement of the order.

(6) The Minister may by order—

(a) vary the hours of work specified in subsections (3) and (4) of this section,

(b) specify that children may not be employed on a particular day or during a particular period, and

(c) revoke or amend an order made under this subsection including an order under this paragraph.

(7) An employer who fails to comply with the provisions of this section and the parent or guardian of a child who aids or abets an employer in the contravention of this section shall each be guilty of an offence.

(8) The Minister may by order declare any form of work specified in the order to be work which is not light non-industrial work and any work which stands so declared shall be deemed, for the purposes of this section, to be work to do which a child shall not be employed.

(9) The Minister may by order declare any form of work specified in the order to be work which is light non-industrial work.

(10) An employer who employs a child to do work which is specified in an order under subsection (8) of this section to be work which is not light non-industrial work shall be guilty of an offence.

(11) The Minister may by order revoke or amend—

(a) an order made under subsection (8) or (9) of this section, or

(b) an order under this subsection.

Duties of employer of young person or child.

5.—(1) Any employer who employs a young person or child to work for him shall—

(a) before employing the young person or child, require the production of a copy of the birth certificate of, or other satisfactory evidence of the age of, the young person or child, as the case may be,

(b) before employing a child, obtain the written permission of the parent or guardian of the child, and

(c) maintain a register, or other satisfactory record containing the following particulars of every young person or child employed by him—

(i) the full name of the young person or child;

(ii) the date of birth of the young person or child;

(iii) the time the young person or child commences work each day;

(iv) the time the young person or child finishes work each day;

(v) the rate of wages or salary paid to the young person or child for his normal working hours per day, per week, per month or per year, as the case may be;

(vi) the total amount paid to each young person or child by way of wages or salary.

(2) Where for the purposes of this section, an employer requires the production of the birth certificate of a young person or a child, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(3) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations appoint fees for the purposes of subsection (2) of this section.

(4) An employer who fails to comply with the provisions of this section and the parent or guardian of a young person or child who aids or abets an employer in the contravention of this section shall be guilty of an offence.

Power of Minister to raise minimum age for employment.

6.—The Minister may, after consultation with representatives of employers interested in the class of work involved and with representatives of employees so interested, in the case of any work which by its nature or the circumstances in which it is carried out, is likely to endanger the health, welfare, safety or morals of employees, by order, raise the minimum age at which an employee may be employed to do such work.

Normal working hours.

7.—(1) In this Act “normal working hours” in relation to an employee means—

(a) if the employee is a young person over the age of sixteen years—

(i) eight hours in any day,

and

(ii) forty hours in any week;

(b) if the employee is a young person under the age of sixteen years—

(i) eight hours in any day,

and

(ii) thirty-seven and one-half hours in any week.

(2) The Minister may by order vary normal working hours.

(3) The Minister may by order revoke or amend an order under this section including an order under this subsection.

(4) Normal working hours may be varied by an agreement; provided that, under any such agreement the number of hours to be worked by the employee in any period specified in the agreement does not exceed an average of forty hours per week, if the employee is a young person over the age of sixteen years, or an average of thirty-seven and one-half hours per week, if the employee is a young person under the age of sixteen years.

Maximum hours of work for young persons under the age of sixteen years.

8.—(1) Subject to the provisions of this Act, an employer shall not permit an employee who is a young person under the age of sixteen years in his employment to work for him for more than—

(a) eight hours in any day, or

(b) forty hours in any week.

(2) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

(3) The Minister may by order vary the hours of work specified in subsection (1) of this section.

(4) The Minister may by order revoke or amend an order under this section including an order under this subsection.

Maximum hours of work for young persons over the age of sixteen years.

9.—(1) Subject to the provisions of this Act, an employer shall not permit an employee who is a young person over the age of sixteen years in his employment to work for him for more than—

(a) nine hours in any day, or such other number of hours as may be specified in an agreement applying to the young person;

(b) forty-five hours in any week, or such other number of hours as may be specified in an agreement applying to the young person;

(c) one hundred and seventy-two hours in any period of four consecutive weeks;

(d) two thousand hours in any year.

(2) The hours of work specified in paragraphs (a) and (b) of subsection (1) of this section may be varied by an agreement or by regulations made by the Minister: provided that, under any such agreement, or by such regulations the maximum number of hours to be worked by the young person shall not exceed one hundred and seventy-two hours in any period of four consecutive weeks and two thousand hours in any period of one year.

(3) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

(4) The Minister may by order vary the hours of work specified in subsection (1) of this section.

(5) The Minister may by order revoke or amend an order under this section including an order under this subsection.

Overtime pay.

10.—(1) In this section—

“overtime” means any hours worked in excess of normal working hours;

“overtime pay” means the rate of pay which an employee is entitled to in respect of normal working hours increased by not less than twenty-five per cent.

(2) Whenever an employer requires an employee to work overtime, the employer shall pay the employee overtime pay for any time in respect of which the employee works overtime.

(3) An employer who contravenes subsection (2) of this section shall be guilty of an offence.

Vocational training in normal working hours.

11.—Any time spent with the consent of his employer by a young person in vocational training during normal working hours shall be deemed to be hours worked by him for the purposes of section 8 and 9 of this Act.

Intervals for rest.

12.—(1) In this section “stated number of hours” in relation to an employee means—

(a) five hours if the employee is a young person

(b) four hours if the employee is a child.

(2) An employer shall not permit an employee employed by him to do for him any work for any period exceeding the stated number of hours in any day unless the employee ceases work after a period not exceeding the stated number of hours from the time at which he commenced work and does not again commence work until after the expiration of a period of at least half an hour.

(3) An employee shall not be entitled to be paid in respect of the period of at least half an hour specified in subsection (2) of this section.

(4) An employer shall not permit an employee employed by him to do any work for more than one and one-half hours after the expiration of normal working hours unless immediately before commencing to do such work after the expiration of normal working hours the employee has ceased work for a period of at least half an hour.

(5) Subject to subsection (6) of this section, an employee shall not be entitled to be paid in respect of the period of at least half an hour specified in subsection (4) of this section.

(6) The period of half an hour specified in subsection (4) of this section may be varied by an agreement provided that the agreement provides that the employee cease work for not less than fifteen minutes and that the employee be paid for the period specified in the agreement.

(7) An employer who contravenes this section shall be guilty of an offence.

(8) Subsections (2) and (3) of this section shall not apply to an employee who is employed to do industrial work (within the meaning of section 3 of the Conditions of Employment Act, 1936 (as amended by section 2 of the Conditions of Employment Act, 1944 )) on shift work.

Entitlement of employee to rest.

13.—(1) When an employee is employed by an employer to work on more than five days in a week and the employee is also required to do more than three hours work on a Sunday, the employer shall ensure that the conditions of employment of every such employee are such that the employee will have at least twenty-four consecutive hours rest without pay in every period of seven days.

(2) This section shall not apply to an employee who is employed by an employer to do industrial work within the meaning of section 3 of the Conditions of Employment Act, 1936 (as amended by section 2 of the Conditions of Employment Act, 1944 ).

(3) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

Restriction on the employment of young persons at night.

14.—(1) An employer shall neither permit a young person to do any work at any time between the hour of 10 p.m. on any day and the hour of 6 a.m. on the following day nor permit a young person to do any work until the expiration of twelve hours from the time at which he ceased to do work on the previous day.

(2) This section shall not apply to an employee who is employed by an employer to do industrial work within the meaning of section 3 of the Conditions of Employment Act, 1936 (as amended by section 2 of the Conditions of Employment Act, 1944 ).

(3) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

Restriction on the employment of children at night.

15.—(1) An employer shall neither permit a child to do work at any time between the hour of 8 p.m. on any day and 8 a.m. on the following day nor permit a child to do any work until the expiration of fourteen hours from the time at which he ceased to do work on the previous day.

(2) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

Prohibition of double employment.

16.—(1) An employer shall not permit an employee to do for him any form of work on any day on which the employee has done any form of work for any other employer, except where the aggregate of the periods for which the employee does work for such employers on that day does not exceed the period for which such employee could lawfully be employed to do work for one employer on that day.

(2) Whenever an employer employs an employee in contravention of this section, the employer shall be guilty of an offence under this section and the employee, if he is a young person, shall also be guilty of an offence under this section.

(3) The parent or guardian of an employee who aids or abets an employer in the contravention of this section shall be guilty of an offence.

(4) Whenever an employer is prosecuted for an offence under this section, it shall be a defence for him to prove either that he did not know, or could not by reasonable enquiry have known, that the employee had done work for any other employer on the day in respect of which the prosecution is brought or that he did not know, or could not by reasonable enquiry have known, that the aggregate of the periods for which the employee did work on that day exceeded the period for which he could lawfully be employed to do work for one employer on that day.

Exceptions and exemptions.

17.—(1) The Minister may, in any case where he is satisfied that the health, welfare and safety of employees are not endangered, by regulations, modify any provision of this Act in respect of any undertaking, industry, class of employees or class of work where, in his opinion, compliance with such provision would, in relation to that undertaking, industry, class of employees or class of work, be impracticable because of the seasonal nature or technical requirements of that class of work or other substantial reasons.

(2) Before making regulations under subsection (1) of this section, the Minister shall consult with representatives of employers interested in the undertaking, industry, class of employees or class of work involved and with representatives of employees so interested.

(3) Before making regulations under subsection (1) of this section, the Minister shall publish in such manner as he thinks fit notice of his intention to do so and give persons desiring to make representations in relation to the proposed regulations a period of twenty-one days to do so.

(4) The Minister may, by licence, exempt any class of employers from complying with any provision of this Act or of regulations under this Act, in any case where, in the opinion of the Minister, compliance with such provision would be impracticable.

(5) The Minister may, after consultation with the Minister for Education and with representatives of employers and representatives of employees, by licence, exempt any class of employers from complying with any provision of this Act or of regulations under this Act in any case where that class of employers is participating in an approved scheme which combines limited employment experience with education or training.

(6) Whenever the Minister issues a licence under subsection (4) or (5) of this section, he may attach to such licence such conditions as he may see fit.

(7) Before issuing a licence under subsection (4) of this section, the Minister shall consult with representatives of the employees interested in the class of work to which the licence relates.

Recovery of money due to any employee.

18.—(1) Any sum of money due to an employee from his employer under any provision of this Act shall be recoverable by the employee from his employer as a simple contract debt in a court of competent jurisdiction.

(2) Proceedings for the recovery of any sum due by an employer to an employee under any provision of this Act may be instituted and maintained on behalf of the employee by his trade union or his parent or guardian.

(3) Whenever in a prosecution for an offence under this Act, it appears that a sum of money is due by an employer to an employee, and the employer is convicted of that offence, the Court may, if it is satisfied that the employer is liable to pay to his employee a sum of money, order, in addition to any penalty which it may impose pursuant to this Act, that the employer pay any such sum of money to the employee.

Display of abstract of Act.

19.—(1) Every employer shall display at the principal entrances to the premises where any of his employees works, and in such other places as an inspector may require, in such a position that it may be easily read by employees so employed, the prescribed abstract of this Act.

(2) An employer who fails to comply with the provisions of this section shall be guilty of an offence.

Preservation of existing rates of wages.

20.—(1) Where, in order to comply with the provisions of this Act, the hours of work prevailing immediately before the commencement of this Act in regard to all employees or any particular employee employed in any particular form of work are reduced or are otherwise altered, the following provisions shall have effect, that is to say:

(a) the rate of salary, wages or other reward payable to any such employee immediately before the commencement of this Act shall not be reduced or be otherwise altered to the detriment of such employee merely because of the said reduction or alteration in the hours of work of such employee;

(b) the said reduction or alteration of hours shall not terminate nor prejudicially affect the contract of service under which such employee is so employed immediately before the commencement of this Act, and every such contract shall continue in force after such commencement with such modifications only as may be necessary in order to comply with this Act;

(c) every agreement which is in force immediately before the commencement of this Act and regulates or restricts the rate of salary, wages or other reward payable to any such employee shall continue in force after the commencement of this Act notwithstanding the said reduction or alteration of hours of work but with the modification that every rate of salary, wages or other reward which is fixed by such agreement and every restriction on any rate of salary, wages, or other reward contained in such agreement shall remain unchanged in amount;

(d) every minimum rate of salary, wage or other reward fixed by statute or under statutory authority which is in force immediately before the commencement of this Act shall, if and so far as it is applicable to any such employee, continue after such commencement in force and unchanged in amount notwithstanding the said reduction or alteration of hours of work.

(2) Subsection (1) of this section shall apply in relation to every order made under this Act by the Minister fixing hours of work in relation to any form of work subject to the modification that every reference in the said subsection to the commencement of this Act shall be construed and have effect as a reference to the coming into operation of such order and every reference in the said subsection to compliance with this Act shall be construed and have effect as a reference to compliance with such order.

(3) This section shall apply to piece work wages (within the meaning of the Conditions of Employment Act, 1936 ) and to wages calculated by direct reference to the number of hours worked but with the modification that for the purposes of such application every provision in this section to the effect that a rate of wages or a minimum rate of wages or a restriction on a rate of wages is to remain unchanged shall be construed and have effect as a provision that the rate of piece work wages or of wages by the hour (as the case may be) shall be so adjusted or varied that the average weekly earnings shall remain unchanged.

(4) An employer who contravenes this section shall be guilty of an offence.

Emergency as defence.

21.—(1) It shall be a good defence to any proceedings taken against any person for a breach of any of the provisions of this Act if such person shows to the satisfaction of the court before which such proceedings are brought that any act occasioning such breach was rendered necessary or reasonably proper by the actual occurrence or the threat or reasonable anticipation of fire, flood, storm, violence, a breakdown of plant or machinery or any other emergency.

(2) A certificate signed by any Minister that an act done by or in relation to any person employed by that Minister was rendered necessary by an emergency shall be evidence that such act was so rendered necessary.

Offences by bodies corporate.

22.—(1) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any default on the part of any person, being a director, manager, secretary, or other officer of the body corporate, that person shall also be guilty of the offence.

(2) Any summons or other document required to be served for the purpose or in the course of proceedings on a body corporate may be served by leaving it at or sending it by post to the registered office of that body or, if there is in the State no such office, by leaving it at or sending it by post to that body at any place in the State at which it conducts its business.

Prosecution of offences.

23.—(1) Proceedings in relation to an offence under this Act relating to an employee may be brought and prosecuted by the Minister or by the trade union of which the employee is a member or by the parent or guardian of the employee.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within twelve months from the date of the offence.

Penalties.

24.—A person who commits an offence under this Act shall be liable on summary conviction—

(a) in the case of a first offence under a particular section of this Act, to a fine not exceeding £100 (together with, in the case of a continuing offence, a fine not exceeding £10 for every day on which the offence is continued), and

(b) in the case of a second or subsequent offence under that section, to a fine not exceeding £200 (together with, in the case of a continuing offence, a fine not exceeding £20 for every day on which the offence is continued).

Regulations.

25.—The Minister may make regulations—

(a) for the purpose of giving effect to any of the provisions of this Act,

(b) to amend or modify any provision of this Act so as to comply with any international obligations which the State has or has decided to assume, and

(c) for prescribing any matter referred to in this Act as prescribed.

Records.

26.—(1) The employer shall keep such records as are necessary to show whether the provisions of this Act are being complied with in relation to his employees, and such records shall be retained by the employer for at least three years.

(2) In any case where—

(a) there is a dispute between an employer and employee, or

(b) there is a prosecution for an offence under this Act,

and the records required to be kept by the employer under subsection (1) of this section are not available, the onus of proving that the provisions of this Act have been complied with shall lie on the employer.

(3) An employer who contravenes subsection (1) of this section shall be guilty of an offence.

Powers of inspectors.

27.—(1) An inspector may for the purposes of this Act do all or any of the following things:

(a) subject to the provisions of this section, enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any employee is employed in work,

(b) make such examination or enquiry as may be necessary for ascertaining whether the provisions of this Act are complied with in respect of any employee employed in any such premises or place,

(c) require the employer of any employee or the representative of such employer to produce to him any records which such employer is required to keep and inspect and take copies of entries in such records,

(d) require any person whom he has reasonable cause to believe to be or to have been an employee or the employer of any employee to furnish such information as the inspector may reasonably request,

(e) examine with regard to any matters under this Act any person whom he has reasonable cause to believe to be or to have been an employer or employee and require him to answer such questions (other than questions tending to incriminate him) as the inspector may put relative to those matters and to sign a declaration of the truth of the answers.

(2) The powers conferred on an inspector by subsection (1) (a) of this section shall not be exercisable in respect of a private dwelling house unless the Minister (or an officer of the Minister appointed for the purpose) certifies that he has reasonable grounds for believing that an offence under this section in relation to an employee has been committed by the employer, and the inspector in applying for admission to the house produces the certificate.

(3) If any person—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on him by this section,

(b) refuses to produce any record which an inspector lawfully requires him to produce,

(c) produces or causes to be produced or knowingly allows to be produced, to an inspector any record which is false in any material respect knowing it to be false, or

(d) wilfully fails or refuses to comply with any lawful requirement of an inspector under subsection (1) of this section,

such person shall be guilty of an offence.

(4) Every inspector shall be furnished by the Minister with a certificate of his appointment and, on applying for admission to any premises or place for the purposes of this Act, shall, if so required, produce the certificate to the occupier and to any person being examined by him.

Laying of certain draft orders, orders and regulations before Houses of Oireachtas.

28.—(1) Whenever an order is proposed to be made under section 3 , 4 (5), 4 (6), 7 , 8 or 9 of this Act, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by both Houses of the Oireachtas.

(2) Every order, other than an order under section 3 , 4 (5), 4 (6), 7 , 8 or 9 of this Act, and every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation, as the case may be, is laid before it, the order or regulation, as the case may be, shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Repeals.

29.—Each enactment mentioned in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.

Expenses.

30.—The expenses incurred by the Minister in the administration of this Act shall be paid out of monies provided by the Oireachtas.

Short title and commencement.

31.—(1) This Act may be cited as the Protection of Young Persons (Employment) Act, 1977.

(2) This Act or any specified provision of this Act shall come into operation on such day or days as the Minister may by order appoint.

SCHEDULE

Enactments Repealed

Section 29 .