Dáil Éireann debate -
Wednesday, 29 Mar 2000

Vol. 517 No. 1

Adjournment Debate. - ICTU Employment Survey.

Ms Shortall

The results of a new ICTU survey which show high levels of employment among school goers vindicates something which we have all known or at least suspected for some time. In a substantial national survey sample of fifth and sixth year students it was found that 49% were engaged in paid employment. While I am not opposed to the employment of students, I am extremely concerned that many of the students surveyed were working late into the night and that their employers were neglecting their responsibilities under employment legislation.

The survey revealed that 50% of students engaged in employment did not receive a pay slip despite the fact that employers have an obligation to supply one under the Terms of Employment (Information) Act, 1994. It also revealed that only 13% of working students received a copy of the Protection of Young Persons (Employment) Act, 1996, when they commenced employment despite employers being legally obliged to provide them with a copy. While I have previously expressed my concerns about this issue on the Adjournment, I suspect that the situation has worsened recently. I hope the Minister's response will be more encouraging on this occasion.

In a bid by businesses to cash in on the biggest ever consumer spend recorded in the economy many employers are recruiting young people to work at night and at weekends without having due regard to their legal responsibilities. Walk into any public house, takeaway or late night supermarket and it is evident that a substantial number of employees are of school going age. Few of these workers are aware that they should not be in the workplace after 10 p.m. and they should be armed with a copy of the legislation covering their working conditions.

The effects of long working hours and late night work on students has been well documented by teachers and youth workers. The practice of young people turning up for class one or two hours late or sometimes not at all because they were working on the previous night is far too common an occurrence in Irish schools. While part-time work can give young people a sense of independence and status, the reality is that their ability to perform in examinations can be affected adversely. This is vindicated by the ICTU survey which shows that the lowest rate of participation in after school work occurs among repeat leaving certificate students, who discovered, much to their cost, that work interfered with the outcome of their examination results.

Work experience can be extremely beneficial. Work experience in transition year, weekend work and summer jobs are all important in preparing school students for adult life and giving them soma e measure of financial independence. Limited suitable employment, which is carried out during these times and which will not interfere with their education, should be encouraged and supported.

The Protection of Young Persons (Employment) Act, 1996, was introduced to regulate the working conditions of young people. It restricts night-time work to before 8 p.m. for people aged 14 to 15. Those aged 16 to 17 cannot work beyond 10 p.m. The Act also provides for regular rest periods for workers under 18. Each employer of young people must display a summary of the Act in the workplace and furnish young employees with a copy of it. The ICTU survey shows that these obligations in the Act are being flouted on a widespread basis and there is a clear case for the Minister to sit up and take action.

Random workplace inspections are one of the most effective means of uncovering unscrupulous employers. However, at present there is limited capacity for inspectors to focus on breaches of the Act because their workload is excessive and they can only act on urgent cases which are brought to their attention. Despite a small increase in the number of inspectors in recent times, the workload will increase further with the introduction of the minimum wage legislation in the coming weeks. Furthermore, given that the inspectorate generally operates only within normal working hours and most breaches of the Act take place at night, there is no proper mechanism for detecting negligent employers.

Students should be made aware of the provisions in the Act in their schools and they should be encouraged to report breaches of the Act to the Department of Enterprise, Trade and Employment. The onus is not on the young people but on the State agencies to ensure that employers abide by the law in this regard and that the State agencies and, particularly, the Department, play an active role in doing what the legislation was supposed to do, that is, protecting young people.

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Protection of Young Persons (Employment) Act, 1996, came into operation on 2 January 1997. The Act is designed to protect the health of young workers and to ensure that work during the school years does not put a young person's education at risk.

When the Act came into operation, details of the legislation were sent to all post-primary schools, the relevant trade unions and employer bodies, the main supermarket chains, petrol stations, hotels, restaurants and vintners associations, fast-food chains and youth organisations. Those details were also sent to third level institutions as well as education officers in the relevant student unions last year.

The Act sets minimum age limits for the employment of children, that is, persons under the age of 16, and young persons, that is 16 and 17 year olds. It also sets rest intervals and maximum working hours, and prohibits the employment of those under age 18 on late night work, as Deputy Shortall stated. Employers must keep specified records of their workers who are under 18 years.

Breaches of the Act may come to the attention of my Department, either by way of complaint by an individual employee or other concerned person or by routine inspections carried out by my Department's labour inspectorate. Inspectors have powers to enter places of work, question employers and employees and examine records.

The labour inspectorate of my Department has responsibility for enforcing employment legislation generally, including the Protection of Young Persons (Employment) Act, 1996. The current designated strength of the inspectorate is ten inspectors. However, in the context of the introduction next month of the national minimum wage, the Government has approved the allocation of an additional seven inspectors to the inspectorate. The selection process to appoint these additional inspectors was completed in early March and formal appointments resulting from that process will be made at an early date. All members of the inspectorate will be engaged in implementing not only the Protection of Young Persons (Employment) Act, 1996, but the full range of employment legislation generally and the National Minimum Wage Bill, 1999, on its enactment.

In 1999, a total of 1,114 inspections for conformity with the Protection of Young Persons (Employment) Act, 1996, were carried out, of which 124 were conducted in the course of a night-time campaign in late 1999, targeted exclusively on enforcement of the Act in the pub, hotel and catering sectors in Dublin and Cork. Arising from that inspection work, 14 cases are at present under preparation for referral to the Office of the Chief State Solicitor for the institution of legal proceedings against employers found to have been in breach of the Act. There have been two successful prosecutions in the past 12 months.

Where it appears that an employer has failed to comply with the legislation, the matter is referred to my legal advisers to consider whether legal proceedings may be instituted against the employer concerned in respect of the alleged breach of the Act. Certain offences may be prosecuted by the trade union of which the employee is a member. A person found guilty of an offence is liable on summary conviction to a fine of up to £1,500 and a further £250 a day for a continuing offence.

It is also open to the parent or guardian of a child or a young person to present a complaint to a rights commissioner that an employer has contravened section 13, which relates to preservation of existing rates of pay and conditions, or section 17, which relates to refusal to co-operate with an employer in breaching the Act. For example, if an employee refuses to work after the time set down in the Act and is penalised by the employer for doing so, the case may be presented to a rights commissioner. An employer or employee may appeal to the Employment Appeals Tribunal from a recommendation of a rights commissioner.

Children under 16 may be employed by licence in cultural, artistic, sports or advertising work which is not harmful to the safety, health or development of the child and does not interfere with the child's attendance at school. The licence sets out conditions about parental consent, supervision and education arrangements and the maximum working times and minimum breaks appropriate to different age groups.

At my initiative, a monitoring group was established to appraise the effectiveness of the legislation and to monitor its enforcement. The terms of reference of the group are to review the operation of the Act and to advise on how the Act might be better implemented. I received a submission from this group containing certain measures to improve the enforcement of the legislation and also the operation of the Act. Legal advice on some of the measures is currently awaited.

While I am satisfied that all reasonable measures have been and are being taken to enforce the 1996 Act with a view to safeguarding the rights of young persons in the workplace, I am conscious of the continuing concerns being expressed by various groups, including in the present instance ICTU, regarding the exploitation by less scrupulous employers of young persons. I expect that the arrangements being put in place for the involvement of the labour inspectorate in inspections outside of normal working hours will help address these concerns.

Regarding the non-provision of payslips to young persons, the Payment of Wages Act, 1991, provides that all employers must arrange that a written statement of wages is given to every employee with every payment of wages. Failure to do so is an offence under the Act. Employees who do not receive payslips should contact the employment rights section of my Department, which will investigate the matter.

Whereas there is a legal obligation on employers to see that the law is upheld in this area, there is also a moral responsibility on parents to ensure that the objectives of the Act, in regard to both the protection of the education and health of children and young persons, are not frustrated. As previously stated on a number of occasions, I would urge parents and teachers who are aware of any breaches of the legislation to contact the employment rights section of my Department. Such report beaches will be dealt with expediently and every effort will be made by the officials of my Department to eradicate non-compliance with the 1996 Act.