EMPLOYMENT
If you, as an employer, want children to work for you then you must take into account that there are strict rules and regulations which control how many hours the child may work, what type of work the child can do and the type of premises the child will be working in. The rules are there to prevent the child coming to any harm or being exploited and to make sure the child’s education does not suffer.
A child must have attained his/her 13th birthday before an application can be made.
The Local (Education) Authority is the agency which, in law, has the authority of over seeing children who have a part time job and of prosecuting any employer who breaks the law. In Wrexham this falls to Education Inclusion within the Prevention and Inclusion Department of the Children and Young People Service.
The legislation applies to all children (including the children of the employer) who are below the upper limit of compulsory school age. (A child’s compulsory schooling finishes on the last Friday in June of the school year during which they attain their 16th birthday and does not finish on their 16th birthday). Receiving a National Insurance Number and Card is not a sign that a child can get a full time job and/or leave school).
Every child of school age who has a part time job working for an employer must be registered with the Education Authority and have a work permit. It is the employers’ responsibility to apply for a work permit in order to employ the child.
The employer must carry out a specific Young Persons Assessment of any hazards in the employment and inform the parent/guardian of the child what (if any) those hazards are. The employer must also make sure that proper clothing and footwear are worn and that proper training and guidance is given to the child, together with appropriate insurance cover.
Within 7 days of the child starting work the employer must complete a Child Employment application form which must be signed by the child’s parent/guardian and sent to the Local (Education) Authority. This application gives details of the child, the hours of work, place of work and the type of work to be undertaken. A risk assessment must be carried out and discussed with the parent/guardian. Both parent/guardian and the employer then sign the application form.
There is nowhere in the legislation which states how much a school aged child must be paid, this is left for negotiations between the employer, child and parent/guardian, however, no payment at all or payment in kind (e.g. free riding lessons or free lunch or goods) is still regarded as being employed).
Any employer who is thinking of employing a child and has not done so previously is advised to contact the Child Employment Officer at the Education Authority for advice.
Employers should take note of the following:
It is illegal to employ a child under 13 years of age.
It is illegal to employ a child without having obtained a Child Employment Permit.
Children can only be employed in specific types of work.
No child can work at any time between 7pm and 7am.
No child can work more than 2 hours on a school day.
No child can work for more 2 hours on a Sunday.
No child can work more than 12 hours during any week they are required to attend school.
A child aged 13 or 14 years can work up to 5 hours on a Saturday or school holiday, and can work up to a maximum of 25 hours a week during school holidays.
A child aged 15 or 16 years can work up to 8 hours on a Saturday or school holiday, and can work up to a maximum of 35 hours a week during school holidays.
A child who works for 4 hours must have a break of at least 1 hour.
The above are only some of the rules and regulations surrounding child employment and you, as an employer, are responsible for ensuring that you are fully aware of the Child Employment Legislation and that any child in you employ is employed legally
