First published on Thursday, July 18, 2024
Last updated on Thursday, July 18, 2024
There are many advantages to hiring young people. Young people offer fresh perspectives and can help your company grow, making it a better place for your whole team. But hiring young people is not without risk from a legal and safety standpoint…
The law regulating the hiring of young people in Ireland is set out in the Protection of Young Persons (Employment) Act 1996. And making sure you follow these rules is vital.
So, we’ve put together some handy advice to help you hire young people compliantly and safely.
What does the law say about hiring young workers?
The law defines a child as a person under the age of 16 and a young person as someone between 16 and 18.
In most areas, young workers have the same employment rights as other employees. But there are specific rules and extra protections employers must put in place.
Before hiring a young person, employers must verify their age by reviewing their birth certificate or other valid proof of age. If the young person is under 16, the employer must also get written consent from the person’s parent or guardian.
Additionally, by law, employers must display a poster which outlines the rights of young people in an area that is easily accessible and can be read by all staff.
What are the maximum working hours young workers can work?
The max working week for under 18 year olds is 40 hours with a maximum of 8 hours a day, except in emergencies. The maximum weekly working hours for 14 and 15 year olds differs depending on if the work is during term time, can be considered holiday work, or falls under the bracket of work experience.
Children who are 15 years old can work up to 8 hours a week during school term time. During school holidays, they can work up to 35 hours a week, or up to 40 hours if they are participating in approved work experience.
Young people are banned from working late-night shifts. Under 16’s can only work after 8am and up to 8pm. If you’re employing workers who are 16 and 17 they can only work after 6am and up to 11pm if there is no school the next morning. If you need them to work during term time, they must finish at 10pm.
Young workers must also get specific rest periods. For example, under 16 year olds must have a 30 minute break every 4 hours. 16- and 17-year-olds similarly must have 30 minutes off every 4.5 hours.
This means you need to be hot on making sure your younger employees are taking and tracking their regular breaks.
An easy way to keep track and keep a record of hours and breaks worked is by having an efficient clock-in or time-keeping system.
How do you pay young workers in Ireland?
Young people aged under 18 are only guaranteed up to 70% of the national minimum wage which is €8.89 per hour (as of January 2024). Note, this doesn’t include tips.
As an employer, you can pay more than the minimum wage—but you are not required to do so by law.
Young people will accrue annual leave and public holidays in exactly the same way as other employees, so you need to make sure you get your holiday calculations right. Finding a digital annual leave planner can help you ease the burden of manual holiday calculations or formulas in Excel.
What records do you need to keep for young workers?
The WRC dictates employers must keep the following mandatory records when employing young people:
- full name
- date of birth
- time work begins each day
- time work finishes each day
- rate of wages or salary paid per day, week, month or year, as appropriate
- total amount of wages or salary paid to each person
Employers must also provide a copy of their terms of employment under the Protection of Young Persons (Employment) Act.
Keeping track of and storing these records compliantly can be tricky by yourself. It’s always best to invest in an HR system to help you organise your records.
What happens if you get the rules around hiring young people wrong?
According to Citizen’s Information IE, employers who fail to give employees under 18 access to a copy of their terms of employment can result in fines can be as high as €1,904.61 plus an extra €317.43 a day if the offence continues.
What safety regulations do you need in place when hiring young workers?
Young people are more likely to be new to the workplace and so are at more risk of injury in the first six months of a job, as they may be less aware of risks.
They’ll often be vulnerable, as they may lack experience or maturity, not have reached physical maturity and lack strength, be eager to impress or please people they work with or be unaware of how to raise concerns. For these reasons, it’s important to protect the safety of any young person you employ.
The HSA defines young people as vulnerable workers who fall into the sensitive risk group. The main risk factors are lack of experience and poor safety awareness. Under health & safety law employers are required to assess the risks to safety for all workers to avoid accidents and injury.
An effective way to do this is by having specific risk assessments and accident and near-miss reporting software tailored to the needs of young people. BrightSafe health & safety software has handy resources like a children and young persons information checklist so you can keep track and stay compliant.
For instant advice on this topic ask our super-fast AI tool BrAInbox: Are there any health and safety considerations I need to consider when allocating a job to a young worker?
Need more support?
Even with all this advice, regulations, rules, and issues of compliance are always waiting to catch you off guard.
Learn more about round-the-clock HR support from BrightAdvice. Our advisers are always on hand to give you legal updates and guide you on a range of employment topics, like the legalities of hiring young workers.
Book a personalised demo or call 1800 279 841 to learn more.
