S.I. No. 357/2014 - Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st August, 2014.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 8 (1) of the Protection of Young Persons (Employment) Act 1996 (No. 16 of 1996)(as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), and having complied with the provisions of that section, hereby make the following regulations with respect to which, pursuant to section 28(2) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Protection of Young Persons (Employment)(Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014.

2. In these Regulations “Act of 1996” means the Protection of Young Persons (Employment) Act 1996 (No. 16 of 1996).

3. Subject to Regulation 4, an employer in—

(a) the fishing sector may employ a young person on terms other than those specified in sections 6(1)(a) or (b), and

(b) the shipping sector may employ a young person on terms other than those specified in section 6(1)(a),

of the Act of 1996.

4. Where a young person, who is employed on terms other than those referred to in paragraph (a) or (b) of Regulation 3, is assigned to work between the hours of 10 p.m. on any one day and 6 a.m. on the following day, the employer shall ensure that the young person receives equivalent compensatory rest time.

5. The Protection of Young Persons (Employment)(Exclusion of Workers in the Fishing or Shipping Sectors) Regulations 1997 ( S.I. No. 1 of 1997 ) are revoked.

GIVEN under my Official Seal,

22 July 2014.

RICHARD BRUTON,

Minister for Jobs Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations revoke and replace S.I. No. 1 of 1997 — the Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing or Shipping Sectors) Regulations 1997. The 1997 Regulations had permitted certain exemptions for young persons (i.e. 16 and 17-year olds) in both the Fishing and Shipping sectors from certain working hours rules and night-time working rules contained in the Protection of Young Persons (Employment) Act 1996 . The new Regulations continue most of the exemptions contained in the 1997 Regulations but do not continue the exemption from the rules on night time working for young persons in the shipping sector. Separate provisions in relation to exemptions from night-time working rules for young persons in the shipping sector, where training programmes are involved, are contained in S.I. No. 245 of 2014 made by the Minister for Transport, Tourism and Sport in line with the ILO Maritime Labour Convention 2006.