Vol. 498 No. 4
90 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures, if any, in place to enforce the Protection of Young Persons (Employment) Act, 1996; and if she will make a statement on the matter. [27638/98]
The Protection of Young Persons (Employment) Act, 1996, came into operation on 2 January 1997.
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.
Where it appears 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 — preservation of existing rates of pay and conditions — or section 17 — refusal to co-operate with an employer in breaching the Act. An employer or employee may appeal to the Employment Appeals Tribunal from a recommendation of a rights commissioner.
