If you’re looking to hire younger employees in your business, it’s important to remain aware of the current Irish employment laws.
Although you have a duty of care to these members of staff, there are different employment rights to keep in mind.
And we explore them in this guide, which details everything your business needs to know when hiring under 18s.
Under 18 employment laws
Working under 18 is a great opportunity for young people to develop their skills, as well as for businesses to hire enthusiastic new employees with fresh ideas.
Under 18 work laws fall under the Protection of Young Persons (Employment) Act 1996. These young persons at work regulations aim to protect the health of young workers to ensure that a young person’s education isn’t put at risk due to working during the school year.
The Act sets out minimum age limits for employment, rest intervals, and maximum working hours for employees who are under the age of 18.
It also prohibits the employment of under 18s on late-night work. As well as providing a definition of a “child”—it means any person under the age of 16.
While a “young person” is defined as a person who is between 16 and 18 years of age.
How many hours can an under 18 work?
The legal working hours for under 18s is a maximum working week for a young person aged 16 and 17 is 40 hours with a maximum of 8 hours a day.
Whereas over the age of 18, the maximum young person’s working hours is 48 hours per week.
Under the Act, young persons are only permitted to work between 6am and 10pm.
Any exceptions to this rule must be provided by regulation. In the case of licensed premises, that allows work up until 11pm—where such a shift doesn’t precede a school day (when the young person is attending school).
Evidence of age
When there’s a young person working, you must first hire them in the knowledge they’re of the right age.
So, you should request to see their birth certificate before engaging them in work.
If they’re under 16, you have to get the written permission from the individual’s parents—or guardian.
What is a work permit under 18?
It’s the Protection of Young Persons Act 1996 (Employment in Licensed Premises) Regulations 2001.
This permit allows young workers on a premises to work up until 11pm on a day that isn’t before a school day.
If you’re planning to do this, you should pay particular regard to the Code of Practice concerning the Employment of Young Persons in Licensed Premises.
Payment for under 18s
Rates of pay also differ for young persons under the age of 18. The National Minimum Wage for young persons being 70% of €8.65.
That’s the current full National Minimum Wage rate for those over the age of 18.
They should receive a payslip with their wage—that’s a legal requirement.
Under 18 work breaks
Your younger workers also have the right to breaks during their working hours.
These are different than for the rest of your workforce. For rest breaks with any individuals under the age of 16 it’s:
- A half an hour break after four hours of work.
For individuals between 16 and 17, it:
- Half an hour break after four and a half hours.
You should also remember that under 18 staff also have the right to daily rest, and weekend rest, breaks.
Need our help?
If you’re thinking about hiring under 18 employees, get in touch and we’ll talk you through all the essential information: 0818 923 923.
