The summer period may be a time where many businesses will consider hiring young workers to help out with filling in the roles where permanent employees are on annual leave. All business owners should consider what options are available to them when hiring a young worker. An employee who is under 16 is be considered a “child”. Employees who are 16 or 17 are considered a “young person”.
All employees should be issued with a written statement of terms and conditions of employment within first eight weeks of employment. This is reduced to one month if the employee is under 18. Even if you are only looking to hire someone for a couple of weeks, it would be a good practice to provide them with a written statement. For seasonal work, the most suitable solution might be a fixed term contract of employment, where start and finish date are provided in this statement.
The national minimum wage applies to experienced adult workers. Employees under 18 years of age are entitled to 70% of the national minimum wage rate, which currently amounts to €6.47 per hour.
Please remember that young employees will accrue annual leave and public holidays the same as any other employee.
Furthermore, it is crucial to remember that 14 and 15 years old can only be employed to do light work.
Please see below table explaining maximum working week and rest periods for under 18s:
| Child (under 16 years) |
Young Person (16 and 17 years) |
| Age |
14yr |
15yr |
Age |
16yr |
17yr |
| Maximum Weekly Working Hours: |
Maximum Weekly Working Hours: |
| Term Time: |
Nil |
8 hours |
Daily Hours |
8 hours |
8 hours |
| Holiday Work: |
35 hours |
35 hours |
Weekly Hours |
40 hours |
40 hours |
| Work Experience: |
40 hours |
40 hours |
|
|
|
| Rest Periods (Consecutive Periods): |
Rest Periods (Consecutive Periods): |
| After 4 Hours |
30 mins |
30 mins |
After 4.5 hours |
30 mins |
30 mins |
| Daily Rest Break |
14 hrs |
14 hrs |
Daily Rest Break |
14 hrs |
14 hrs |
| Weekly Rest Break |
2 days |
2 days |
Weekly Rest Break |
2 days |
2 days |
| Summer Break |
21 days |
21 days |
|
|
|
| Early Morning: |
|
|
Early Morning: |
| Not Permissible: |
Before 8am |
Before 8am |
Not Permissible: |
Before 6am |
Before 6am |
| Night Work: |
|
|
Night Work |
| Not Permissible: |
After 8pm |
After 8pm |
Not Permissible: |
After 10pm |
After 10pm |
In line with the Protection of Young Persons (Employment) Act, 1996 and the Protection of Young Persons (Employment of Close Relatives) Regulations, 1997, these restrictions do not apply to the employment of close relatives, close relatives who are
“ employee who is employed (a) by his or her spouse, father, mother, grandfather, grandmother, step-father, step-mother, brother, sister, half-brother or half-sister, and (b)(i) in a private dwelling house or on a farm, in or on which both the employee and employer reside, or (ii) in a family undertaking on work which is not industrial work.”
This means that the employer will not need to obtain a birth certificate, written permission for employing the child, or employment records of working hours. If the child falls into the specific relationship mentioned above, he/she will be allowed to work more than 8 hours per day or 40 hours per week and the time spent on vocational training will not be considered a working time.
A child or young person can be employed by ministerial authorisation in cultural, artistic, sports or advertising activities which are not harmful to the safety, health or development of the child and which are not likely to interfere with the child’s attendance at school, vocational guidance, training programmes, or capacity to benefit from the instruction received. In this case, the employer has to apply to the minister for a licence at least 21 days before the employment commences.
If you have any questions in relation to this article please don’t hesitate to contact our expert employment law advisors on the 24 Hour Advice Service on 01 855 5050
