Written Answers. - Young Persons in Employment.
Richard Bruton
Ceist:
111
Mr. R. Bruton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the permitted working hours by young workers of school going age; the extent to which surveys or inspections have revealed non-compliance with these limits; and whether many pupils are being encouraged to leave school early for work.
[16069/98]
The Protection of Young Persons (Employment) Act, 1996, which came into operation on 2 January 1997, in place of the previous 1977 Act, sets down the rules for the employment of children, that is, persons under the age of 16 or the school leaving age, whichever is higher, and young persons, that is, 16 and 17 year olds. The permitted working hours for children and young persons is as follows:—
Children (Aged 14 and 15)
Employers may not employ those under 16 in a regular full time job. Children of 14 and 15 years of age may undertake light, non-industrial work outside of the school term, subject to a period of three weeks being left free from work during the summer holidays, up to a maximum of seven hours per day of 35 hours per week. Children aged 15 may be employed to do a maximum of eight hours light, non-industrial, work per week during the school term. Night work for children is prohibited between 8 p.m. and 8 a.m. on the next day.
Young persons (aged 16 and 17)
Young persons may work a maximum of eight hours per day or 40 hours per week. Night work for young persons is prohibited between 10 p.m. on any one day and 6 a.m. on the following day. This prohibition may be altered to the period between 11 p.m. on any one day, provided the day is not before a school day during a school term where the young person is attending school, and 7 a.m. on the following day, where the Minister is satisfied, following consultation with such representatives of employers and representatives of employees as the Minister considers appropriate, that there are exceptional circumstances affecting a particular branch of activity or a particular area of work as may be prescribed, that is, by regulation.
Employment on work experience or training programmes.
Persons aged 15 may be employed as part of an approved, by FÁS or the Minister, training programme, and an employer may employ a 14 or 15 year old who is a full-time second level student as part of a work experience or educational programme. These placements are for a maximum eight hours a day or 40 hours a week.
Employment of children in cultural, artistic, sports or advertising activities
Children, that is, under 16 years olds, may be employed 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, where permission by licence has been received from the Minister for Enterprise, Trade and Employment. 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.
Non-compliance
In regard to non-compliance, my Department investigates all complaints under the Act and we have no evidence of any pupils being encouraged to leave school early for work. During 1997, 37 complaints were received under the Act. A total of 35 cases were resolved satisfactorily during that year and one case was referred to the Chief State Solicitor's office for consideration as to the institution of legal proceedings. Legal advice in this case is awaited.
Inspections
The table below illustrates the number of inspections carried out under the Protection of Young Persons (Employment) Acts of 1977 and 1996 between the years 1995 and 1997, to date.
Inspections Conducted under PYP Acts 1977-1996
|
1995
|
1996
|
1997
|
Total
|
|
PYP Inspections
|
686
|
1,836
|
1,194
|
3,716
|
|
Irregularities found
|
13
|
18
|
86
|
117
|
|
Irregularities as % of total Inspections
|
1.90%
|
0.98%
|
7.20%
|
3.14%
|
*This figure includes 1,033 visits made by inspectors as part of the information campaign on the PYP Act in 1996.
