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The 1996 Act implements the EU Council Directive on the Protection of Young People at Work replacing existing legislation with effect from 12th November.
The 1996 Act restricts the ability to employ a child (at present, a person under 16) and young persons (persons between the ages of 16 and 18) by imposing restrictions on the conditions of work, limiting the number of working hours and imposing minimum rest breaks for young employees. If a child or young person's hours of work are reduced to comply with the provisions of the 1996 Act the employee's existing rates of salary cannot be reduced nor, subject to certain exceptions, can the employee be dismissed. The existing duty on the employer to verify the age of the child or young person is retained and, in addition, employers are required to maintain a register of such particulars and to display a prescribed abstract from the 1996 Act at entrances to the work place.
Penalties for breach of the 1996 Act include a fine of up to IR£1,500 for each offence with a daily default fine of up to IR£250 for each day the offence continues.
The changes introduced by the 1996 Act are of broad application and may have important consequences for children and young persons working part-time at weekends in supermarkets and public houses and as babysitters. A more detailed Briefing Note on the 1996 Act is available from Claire Callanan.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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