Employing Young Persons in Ireland

Employing Young Persons in Ireland: A Compliance Guide for Employers

Seasonal demand, labour shortages, and educational programmes prompt employers to hire staff under the age of 18. In advance of such a hire, It is essential employers understand their obligations under Irish law to young employees. The Protection of Young Persons (Employment) Act 1996 (the “1996 Act”) imposes a range of legal requirements, aimed at safeguarding the health, education, and development of young workers.

This guide aims to provide a practical compliance guide to help employers avoid legal pitfalls, meet inspection standards, and manage associated workplace risks.

Defining Children and Young Persons Under Employment Law

Under the 1996 Act, a “child” is defined as anyone under the age of 16. In contrast, a “young person” refers to individuals aged 16 or 17. These distinctions are critical, as different rules and employment restrictions apply depending on which category an individual falls into.

Hiring Children (14–15)?

As a general principle, the employment of children under 16 is prohibited, except in clearly defined circumstances permitted by statute. Under Section 3 of the 1996 Act, it is a criminal offence for an employer to engage a child (under 16) in employment unless one of the statutory exceptions applies.

Subject to these exceptions, an employer may employ a child over the age of 14 years to do light work under the following specific conditions:

• Outside school term, the child may work up to 7 hours per day and 35 hours per week, provided the work is not harmful to their safety, health or development. During the summer, the child must also receive a minimum three-week break from work.
• A child over 15 years old may be employed to perform light work during school term time, up to a maximum of 8 hours per week.
• Children over 14 years may also be engaged in approved work experience or educational programmes. If so, the total working hours must not exceed 8 hours per day or 40 hours per week, and the programme must be authorised by the Minister for Education or other competent authority (e.g. SOLAS).
• In addition, the Minister may issue licences permitting the employment of children in cultural, artistic, sports or advertising activities, so long as the work is not detrimental to their safety, health, or development, and does not interfere with their education or vocational guidance.

The term “light work” is legally defined as work that is non-industrial in nature, and that – due to the nature of the tasks involved and the conditions under which the work is performed – is not likely to be harmful to:

• The child’s safety, health or development, and
• The child’s attendance at school, participation in vocational guidance or training programmes, or ability to benefit from education.

This definition places a high onus on employers to assess the role and its conditions. Tasks that may appear minor or informal could still fall outside the definition if, for instance, they are physically demanding, conducted in unsuitable environments, or interfere with school or study time. As such, any job offered to a child must be formally assessed to ensure it meets the legal test for light work.

In all permitted scenarios, the employer must also comply with additional safeguards under Section 4 of the1996 Act, which provides that:

• Children must not be employed between 8:00 p.m. and 8:00 a.m. under any circumstances.
• Each child must receive a minimum rest period of 14 consecutive hours in every 24-hour period, and 2 full days off in each 7-day period (ideally consecutive). Some flexibility is allowed for short or split daily activities, but only if the minimum rest time is still met cumulatively.
• No child may work more than 4 hours without a break of at least 30 minutes. This break is unpaid.
• Any breach of these time and rest provisions – including night work, insufficient rest, or failure to provide breaks – is a criminal offence and may lead to prosecution.

Hiring 16–17 Year Olds (Young Persons)?

Under Section 6 of the 1996 Act, an employer may only employ a young person where:

• The young person does not work more than 8 hours per day or 40 hours per week.
• The young person is not required or permitted to work:
  • Between 10:00 p.m. and 6:00 a.m., or
  • Between 11:00 p.m. and 7:00 a.m, in exceptional cases approved by the Minister (where not before a school day and subject to certain conditions).

Further, employers must comply with rest and break entitlements:

• Young persons must receive a minimum rest period of 12 consecutive hours in any 24-hour period.
• They must also be given 2 days off per week, ideally consecutive.
• If working more than 4½ hours, a break of at least 30 consecutive minutes must be provided. This break is unpaid.

Limited exemptions from the standard rules may apply in specific sectors or operational contexts, such as fishing, shipping, or defence. Additionally, the Minister for Enterprise, Trade and Employment may permit deviations from the usual working time limits for young persons by issuing either individual licences or sector-wide regulations – Protection of Young Persons Act (Employment in Licensed Premises) Regulations 2001. These may be granted where compliance would be impractical due to seasonal, technical, or organisational reasons – provided the young person’s health, safety, and welfare are not put at risk and the arrangements remain compliant with EU law.

Documentation and Record-Keeping

Employers who engage children (under 16) or young persons (aged 16–17) have strict statutory obligations under Section 5 of the 1996 Act. These obligations are non-negotiable and form a key focus of compliance inspections by the WRC.

Before employing a child or young person, the employer must:

• Verify their age by obtaining a copy of the individual’s birth certificate or other satisfactory evidence of age (e.g. passport or official school record). This is to ensure the employee is within the lawful age bracket and eligible to work under the 1996 Act.
• For children under 16, the employer must also obtain the written permission of a parent or legal guardian. This consent must be obtained before employment commences.

The employer must maintain a dedicated register or other satisfactory written record for each child or young person they employ. This record must include:

• Full name;
• Date of birth;
• Time work commences each day;
• Time work finishes each day;
• Rate of wages or salary for normal working hours (daily, weekly, monthly, or annually, as applicable); and
• Total amount of wages or salary paid.

These records must be kept for a minimum of three years and be readily available for inspection by WRC inspectors. Employers should ensure that these records are clearly maintained, separate from general payroll systems, and reviewed regularly for completeness.

In addition to maintaining records, employers must:

• Provide all employees under 18 with a copy of the official WRC summary of the Protection of Young Persons (Employment) Act within one month of starting employment.
• Display the official WRC poster version of the Act in a prominent area of the workplace where it can be easily accessed and read by all employees.

 

Health and Safety Obligations

In addition to the 1996 Act, the hiring of young persons and children engages specific health and safety obligations under the Safety, Health and Welfare at Work Act 2005 and Chapter 1 of Part 6 of the General Application Regulations 2007 (as amended in 2016).

Before any child or young person starts work, employers must carry out a written risk assessment, taking into account:

• Lack of maturity, experience, or ability to recognise workplace risks
• Exposure to physical, biological, or chemical agents
• Potential injury due to unfamiliarity with machinery, tools, or hazardous environments

Certain tasks are strictly prohibited for those under 18, including:

• Work involving carcinogens, toxic substances, or ionising radiation
• Use of dangerous machinery
• Exposure to extreme heat, cold, noise or vibration
• Work that may lead to accidents due to inexperience

Where the risk assessment identifies any concern, the employer must:

• Provide free health surveillance or medical assessment before assigning the role
• Inform the parent/guardian of the results (in the case of a child)

For night work (where permitted), a pre-assignment medical must be completed, and ongoing health monitoring may be required depending on the level of risk.

Failure to conduct proper assessments or to avoid prohibited roles may result in serious liability under both employment and health and safety law.

Enforcement and Penalties

The 1996 Act is actively enforced by the WRC. Breaches of the Act can expose both individual employers and corporate entities to prosecution, financial penalties, and reputational risk. Where an offence is committed by a body corporate, liability may extend beyond the company itself. Under Section 23, if the offence was committed:

• With the consent, connivance, or approval of a director, manager, secretary, or similar officer; or
• Was facilitated by their neglect.

that individual can be prosecuted personally and punished as if they had committed the offence themselves. This provision reflects a high level of accountability for senior management in ensuring compliance with the Act.

Under Section 24 of the 1996 Act, offences under the Act may be prosecuted:

• Summarily by the Minister, typically via the WRC; and
• By a trade union, where the employee affected is a member.

Proceedings may be initiated within 12 months of the date of the offence, extending the typical limitation period under the Petty Sessions (Ireland) Act 1851.

As provided in Section 25:

• A person convicted of an offence is liable to a summary fine of up to €2,500 (being a Class C fine).
• If the contravention continues after conviction, the offender is liable to a further fine of up to €500 (being a Class E) for each day the offence continues thereafter.

These penalties apply to each breach – for example, failing to keep proper records for multiple underage employees could result in cumulative fines and potential follow-on enforcement.

Employer Compliance Requirements: Children vs. Young Persons

Requirement	Children (Under 16)	Young Persons (16-17)
Proof of Age	Must obtain birth certificate or equivalent before employment	Same requirement applies
Parental consent	Mandatory – must be in writing before employment begins	Not required
Working Hours	Max 7 hrs/day, 35 hrs/week (holidays); 8 hrs/week during term (age 15); 40 hrs/week on work experience. No work before 8 a.m. or after 8 p.m.	Max 8 hrs/day, 40 hrs/week. No work before 6 a.m. or after 10 p.m. (or 11 p.m. in approved circumstances).
Rest Periods	2 days off per 7 days (ideally consecutive).	2 days off per 7 days (ideally consecutive).
Risk Assessment	Mandatory before employment to assess maturity, hazard exposure, and task suitability.	Same requirement applies.
Register of Employees	Name, DOB, start/finish times, wage rate and totals.	Same requirement applies.
Records	Must be kept for 3 years	Same requirement applies.
Information Provision	Must be given a copy of the official WRC summary of the Act within 1 month.	Same requirement applies.
Poster Display	WRC poster summarising the Act must be displayed in the workplace.	Same requirement applies.

This article was drafted by Robin Hyde and Don McGann.