Part-time jobs are a great way for young people to experience the working world. The job your child lands could involve stacking shelves, waiting tables, coaching sport or serving 99s.
But what if your child is asked to work a double shift, or they are expected to skip breaks? And should they get paid extra for Sundays or public holidays?
Young workers and their guardians can be in the dark when it comes to their rights, so it’s good to arm yourself with the relevant information.
Working hours
Age has a bearing on the type of work your teen can do. A person aged 14 to 18 who works for an employer is classified as a young person or child. As workers, they have different protections to adults.
Those aged 16 and 17 can work a maximum of eight hours a day and up to 40 hours a week. That means no overtime. If they have more than one employer, their combined hours can’t exceed this.
The law bans anyone under 18 from doing late-night work too. They are only allowed to work their eight hours between 6am and 10pm. So, if your under 18-year-old is asked to help out later than 10pm, it’s against the law and they should decline.
“Once a particular section of new legislation commences, the law will also ban the employment of any young person or child in the gambling industry,” says Deirdre Malone, partner and head of employment at EY Law Ireland.
There are special conditions for working in pubs and other licensed premises too. A 16- or 17-year-old can work in a pub or hotel clearing glasses, but they can’t sell alcohol at the bar themselves. They can’t work selling alcohol in an off-licence either.
Every week, young persons and children must have two days off and where possible those days must be consecutive
— Deirdre Malone
They can work a bit later in a licensed premises, until 11pm, but only if it’s not a school day the next day. For example, they can work until 11pm on Friday night if they are not in school on Saturday. They cannot work until 11pm on Sunday if they have school on Monday.
If your 16- or 17-year-old is working in a pub or restaurant after 11pm, that’s against the law. Also, if they have worked until 11pm, they can’t start work before 7am the next day, says Ms Malone.
Children
Workers aged 14 and 15 are classed as children and need written permission from a guardian to work. The employer needs to take a copy of their birth cert. They can work a maximum of 35 hours a week during the school holidays doing light work, but they must have at least 21 days off during this time.
During the school term, 14-year-olds are not allowed work. Those a year older can do eight hours of light work a week.
Take a break
Hotels, cafes and restaurants take on young workers in the summer because it’s their busiest time. Things can get pretty hectic, but young persons and children are entitled to a break during the working day, says Ms Malone.
Workers aged 16 and 17 must get a full 30-minute break after 4½ hours, no matter how busy it is. Those under 16 get that break after four hours.
Every 24 hours, 16- and 17-year-olds must get a straight 12 hours off. The under-16s must have 14 consecutive hours off.
“Every week, young persons and children must have two days off and where possible those days must be consecutive,” says Ms Malone.
Get it in writing
You might not think your child needs a contract of employment for a summer job, but they do.
“Every employee is entitled to information about their core terms and conditions of employment in writing and within five days of starting,” says Ms Malone.
This should include their start date, their pay, any probation period and their place and hours of work. Most employers will provide this in one contract of employment letter. Those under 18 must also be given a summary of the Protection of Young Persons (Employment) Act, she says.
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Some summer jobs may be an “if and when” arrangement. For example, people working in hospitality may be called in at short notice if and when they are needed.
The term is also referred to as a “zero hours” contract of employment, says Ms Malone.
“These arrangements may require the employee to be available for up to 40 hours a week but with no guaranteed working hours,” she says. These contacts are prohibited under Irish law, except for casual employment, such as young people working part time and for fewer than 13 weeks.
A person does have the option to refuse work if they are not available, but the same problem arises as the employee does not have guaranteed hours of work each week.
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Money
Young workers are not entitled to the minimum wage, which is €13.50. Employees under 18 are only entitled to 70 per cent, or €9.45, of the national minimum wage. An employer can pay you more if they wish, of course.
Those aged 18 must receive at least 80 per cent of the national minimum wage, or €10.80. Workers aged 19 must receive 90 per cent of it, or €12.15, and those aged 20 must receive the full amount of €13.50, says Malone.
Overtime
Young workers can’t work more than 40 hours a week, so payment for overtime isn’t a factor. If their adult colleagues get paid more for Sundays, it’s not quite fair if they don’t.
“Employees working on Sundays should receive a Sunday premium, irrespective of the number of hours worked during the week,” says Ms Malone. The specific sum of money covered by a Sunday premium isn’t addressed by law however, she says.
Young workers who work on a public holiday have the same entitlements as adult colleagues. To qualify, they must have worked at least 40 hours a week in the five weeks before the public holiday. The entitlement could be a paid day off.
Tips
Tips, especially in the hospitality sector, can boost summer wages. Employees have a legal entitlement to receive tips and gratuities paid in electronic form. Tips are to be paid out in a fair manner.
“Fairness” can take into account the seniority or experience of an employee, the value of sales generated by them and the number of hours worked. Tips and gratuities cannot be used to contribute to an employee’s contractual wages.
Employers are required to display information on how tips and mandatory service charges are distributed to employees. If your employer isn’t doing this, they could be fined €2,500.
Duty of care
Aside from not over-rostering young workers and paying fairly, employers have a duty to provide a safe place of work for all employees. No worker should have to put up with sexual jokes, touching, flirtation or threatening behaviour from customers, or other staff members.
Young people working their first jobs may need extra minding.
“The employer should do a specific risk assessment to consider other risks that might present in the workplace for young workers and children,” says Ms Malone.
You can contact us at OnTheMoney@irishtimes.com with personal finance questions you would like to see addressed. If you missed last week’s newsletter by Dominic Coyle on the costs of running a car, you can read it here.
