Businesses ‘hiring underage workers’

MORE inspections are needed to catch business owners who illegally employ second level students as young as 12, researchers said yesterday.

A quarter of children in first-year secondary schools work part-time.

Under 1996 laws governing young people in the labour force, children under 16 are generally prohibited from being employed, although a child over 14 years can do light work during school holidays, or for up to eight hours a week during term from the age of 15.

Education Minister Mary Hanafin has already raised the issue with Labour Affairs Minister Tony Killeen, after recent research highlighted the increase in the numbers of young people with part-time jobs.

The report concluded that the laws under which employers can be prosecuted are not strong enough.

The Economic and Social Research Institute (ESRI) study launched by Ms Hanafin last month referred to figures released last year showing that one in four first-year students in second level schools had a part-time job. Of those, more than half said they work at evenings during the school week and almost all were below the legal age of 14 for paid employment.

Recent ESRI research noted that only six employers were convicted in the first half of 2001 for breaching legislation designed to protect young workers. The maximum fine which can be imposed by a district court judge is just over €1,900.

“It’s difficult to envisage the legislation having a deterrent effect on the employment of underage youth if inspections and convictions are minimal,” the ESRI report said.

“Some young people might be babysitting but many children as young as 12 are working regularly in pubs and the levels of enforcement are extremely low,” said Selina McCoy, co-author of both studies.

A Department of Enterprise and Employment spokesperson said that 1,836 inspections were carried out in relation to the Protection of Young Persons Act last year, up from 1,062 in 2001. Just over 1,200 happened at night and 10 convictions were secured last year, down from 19 in 2003.

Mr Killeen told the Dáil last October that he was keen for his department to avail of all opportunities to improve and strengthen their enforcement role. Most inspections last year took place in the months after schools reopened in September, and inspectors are also in regular contact with the National Educational Welfare Board.

Brendan Butler, enterprise director of employers’ group IBEC, said it was entirely wrong to employ anybody under the age of 14.

“Apart from the legal side of things, it means young people do not get a chance to reap the benefits of their education. But there also needs to be more regular and more effective inspections to enforce the law,” he said.