The employment of children is covered by strict rules and regulations which protect children from any harm or being exploited and to make sure the child’s health and education does not suffer.
The Local Authority is the agency who are responsible for overseeing children who have a part time job and prosecuting any employer who breaks the law. In Powys, this falls to the Education Welfare Service.
A child must have attained his / her 13th birthday before an application for a work permit can be made.
The legislation applies to all children (including the children of the employer) who are under compulsory school age (the last Friday in June in the school year in which they have their 16th birthday). Receipt of 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 whether they are paid or undertaking voluntary work must be registered with the Local Authority and have a work permit. It is the employers’ responsibility to apply for a work permit in order to employ the child.
If you, as an employer want children to work for you then you must take into account the 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 employer must carry out a specific Young Person’s Risk Assessment of any hazards relating to the child employment and inform the parent/guardian of the outcome of the assessment. The employer must also make sure that proper clothing and footwear are worn and that proper training, guidance and supervision is given to the child, together with having 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 employer and the child’s parent/guardian. This application gives details of the child, hours of work, place of work and the type of work to be undertaken.
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 Education Welfare Service for advice.
Employers should take note of the following:
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 your employ is employed legally.
Prohibited Employment for Children
No child of any age may be employed in the following:-
This does not prevent children taking part in a performance under the provisions of a licence granted in accordance with the Children and Young Persons Act 1963 and The Children (Performances and Activities) (Wales) Regulations 2015.
Permitted employment of children aged 14 or over
A child aged 14 or over may be employed only in light work
Permitted employment of children aged 13
A child aged 13 may be employed only in light work in the following categories:
|ALL AGES||Mondays to Saturdays||not before 7am or after 7pm|
|Sundays||2 hours only - not before 7am or after 11am|
|School days||1 hour before school and 1 hour after school or 2 hours after school|
|13-15 YEARS||Saturdays and other school holidays||5 hours maximum daily. Not more than 25 hours per week.|
|15 YEARS PLUS||Saturdays and other school holidays||8 hours maximum daily.Not more than 35 hours per week|
No child shall be employed for more than 4 without at least a 1 hour break of rest and recreation
Every child must have at least 2 weeks’ consecutive holiday per year.
If you wish to apply for a work permit for a child, please download the application form, complete and return it along with a recent passport sized photo of the child. There is no fee.