Employing Young Workers in Ireland: Employer Guide to the Protection of Young Persons Act 1996

If you employ anyone under 18 in Ireland, two sets of rules apply. The Protection of Young Persons (Employment) Act 1996 sets minimum ages, maximum hours, breaks, night-work limits and record-keeping. Separately, the health and safety rules require a risk assessment before a child or young person starts. This guide walks through both for employers, including Dublin businesses taking on part-time or holiday staff, and flags where an official page is dated or silent.

The employment-law figures below come from the Revised Act on the Law Reform Commission site (the page says it was updated to 27 July 2022) and from Workplace Relations Commission (WRC) pages. Check the current text before you rely on any figure. For the safety side, start with your safety statement and risk assessment duties under the 2005 Act, because the young-person assessment sits alongside it.

Who counts as a child and who as a young person

The Revised Act defines a child as a person who has not reached 16, and a young person as someone who has reached 16 but not 18. The two groups have different rules, so the first thing to establish for any new starter under 18 is their exact age.

Before you employ either group, the Act requires you to obtain a birth certificate or other satisfactory evidence of age. For a child, you must also obtain written permission from a parent or guardian.

Employing children under 16

The general rule in the Act is that an employer may not employ a child to do work. The Act then sets out exceptions. As the Revised Act and the WRC describe them:

• Light work in the holidays (over 14): up to 7 hours a day and 35 hours a week outside the school term, and the child must not do any work for a period of at least 21 days during the summer holidays.
• Light work in term time (over 15): up to 8 hours a week.
• Work experience: up to 8 hours a day and 40 hours a week for approved work experience and education programmes, subject to the age and programme conditions in the Act (the Act distinguishes secondary-school work experience from approved training programmes).
• Cultural, artistic, sporting or advertising activities: allowed only under a ministerial licence or regulations. The WRC page says the employer should apply in writing for a licence at least 21 days before the employment commences.

The HSA guide to the young-person regulations summarises light work as work that carries no risk to safety or health and does not harm schooling. The 1996 Act itself is the place to check what counts for your situation.

Hours, rest and night limits for children

Under the Revised Act, a child may not be employed between 8 p.m. and 8 a.m. A child must have at least 14 consecutive hours of rest in each 24-hour period and at least two rest days in each seven-day period (consecutive where practicable). A child may not be made to work more than four hours without a break of at least 30 consecutive minutes, and that break is unpaid.

Employing young persons aged 16 and 17

For 16 and 17 year olds, section 6 of the Revised Act sets the following limits:

• a maximum of 8 hours a day and 40 hours a week;
• no work between 10 p.m. and 6 a.m., except that in prescribed exceptional circumstances the restricted period may be 11 p.m. to 7 a.m.;
• at least 12 consecutive hours of rest in each 24-hour period;
• at least two rest days in each seven-day period, consecutive where practicable;
• a 30-minute unpaid break where work runs beyond 4½ hours.

The Act allows the Minister to permit different terms by licence or regulation (sections 7 and 8). The WRC page refers to a Code of Practice Concerning the Employment of Young Persons in Licensed Premises, which it says must be signed by the employer, the employee and the parent or guardian, so hospitality employers should read that code directly rather than rely on a general summary. A WRC guide to the Act also describes regulations for licensed premises and bar apprentices; treat it as background and check the current text.

Quick comparison

Two employers, records and notices

Three further points from the Revised Act matter in practice:

• Register: you must keep a register recording each child's or young person's name, date of birth, daily start and finish times, rate of pay and total pay.
• Retention and proof: records showing compliance must be kept at the place of employment for at least three years. If records are missing in a dispute or prosecution, the burden of proving compliance falls on the employer.
• Display and multiple jobs: the prescribed abstract of the Act must be displayed, and an employer may not allow an employee to work for more than one employer on the same day if the combined hours exceed the limit that applies to a single employer.

Our suggestion: if a student has a second job, ask them to tell you their hours there, and keep a signed note on file.

Health and safety: the current regulations

Many older guides still refer to the Safety, Health and Welfare at Work (Children and Young Persons) Regulations 1998 (S.I. 504 of 1998), made on 18 December 1998. Those regulations are no longer the operative text. The General Application Regulations 2007 (S.I. 299 of 2007) revoke them, and the rules now sit in Part 6, Chapter 1 (Regulations 143 to 146) and Schedule 7 of the 2007 Regulations. The HSA guide to that chapter was published in December 2007 and amended in November 2016, and it states that it is not a legal interpretation, so check the Regulations themselves.

Risk assessment before the young person starts

Under Regulation 144, as set out on the HSA copy of S.I. 299 of 2007, you must assess the risks before employing a child or young person, and again after any major change in the workplace that could affect their safety or health. The assessment must take account of risks arising from inexperience, unawareness of risks or immaturity. It must also cover the layout of the workplace and workstation, exposure to physical, chemical or biological agents, work equipment and how it is handled, how work processes are organised, and the training, instruction and supervision provided.

You must tell the child or young person about the risks identified and the measures taken. For a child, you must also inform the parent or guardian. That is the parental-notification duty in the Regulations; it applies to children under 16, not to 16 and 17 year olds.

Work that is prohibited

Regulation 145 says you must not employ a child or young person in work that your assessment shows:

• is beyond their physical or psychological capacity;
• involves harmful exposure to toxic, carcinogenic or similarly harmful agents;
• involves harmful exposure to radiation;
• carries accident risks they cannot be expected to recognise or avoid, because of inattention to safety, inexperience or lack of training; or
• presents a health risk from extreme heat or cold, noise or vibration.

Schedule 7 gives a non-exhaustive guide list of agents, processes and work to consider. Per the HSA guide, examples include ionising radiation, asbestos, work with dangerous animals, industrial-scale slaughter, high-voltage electrical hazards and machine-paced piecework. Separately, the lifting-equipment provisions of the 2007 Regulations (Regulation 51, in the Revised Acts copy updated to 24 May 2023) state that people under 18 may not give signals to, or operate, powered lifting equipment.

Health surveillance and night work

Regulation 146 requires health surveillance where the assessment shows a risk to safety, health or physical or mental development. It also requires a free health and capabilities assessment before a child or young person is assigned to night work, and at regular intervals afterwards. The results must be given to the young person and, for a child, to the parent or guardian.

Training and supervision

The HSA guide does not set a standalone training requirement for young workers. Training, instruction and supervision are factors your risk assessment must weigh. For the general training duties that apply to every employee, see the HSA mandatory training requirements guide. A practical approach: give a young starter a short induction on day one, name the person who supervises them, and record both.

Enforcement and consequences

Employment-law breaches are offences under the 1996 Act. The Revised Act notes that the inspector powers section (section 22) was repealed on 1 October 2015 by the Workplace Relations Act 2015. Section 25 of the Revised Act provides for a summary-conviction fine not exceeding £1,500 (converted to €1,904.61 in an editorial note), with a further daily fine of up to £250 (€317.43) for continuing contravention after conviction. The same editorial note says these amounts correspond to a Class B fine (not greater than €4,000) and a Class E fine (not greater than €500) under the Fines Act 2010; check the current figures on the official page. Directors and managers can be personally liable where a company offence was committed with their consent, connivance or neglect. On the safety side, the HSA can use enforcement tools described in our guide to improvement and prohibition notices.

A practical checklist

Our suggestion, not a legal requirement:

• Confirm age and keep proof before the first shift.
• For under-16s, file the written parental permission.
• Build rosters that respect the daily limits, night limits and breaks, and make sure the register matches the roster.
• Complete and date the young-person risk assessment before the start date, and review it after changes.
• Keep the records for at least three years.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

What is the minimum age to employ someone in Ireland?

The Revised Act's general rule is that a child, meaning someone under 16, may not be employed, with exceptions for light work, work experience and licensed cultural, sporting and advertising activities. The WRC page describes 14 and 15 year olds doing light work in the holidays, and 15 year olds in term time for limited hours.

How many hours can a 17 year old work?

Under section 6 of the Revised Act, up to 8 hours a day and 40 hours a week, with the rest, break and night-work limits set out above.

Do I need parental consent?

For a child under 16, the Act requires written permission from a parent or guardian before employment. The Act's consent requirement does not extend to 16 and 17 year olds, though you must still obtain proof of age. Under the safety regulations, parents or guardians must be informed of risks and measures for a child.

Are the 1998 young-persons safety regulations still in force?

According to the Revised Acts copy of the General Application Regulations 2007, the 1998 Regulations are revoked, and Part 6, Chapter 1 of the 2007 Regulations now applies.

Always check the current legislation on the official sites, and take advice if a young worker's situation does not fit the rules above.