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Child employment - a guide for parents or guardians
Parents or guardians of a child who is thinking of getting a
part-time job or is already working need to be aware of the laws
and regulations that protect them while they are at work.
The law and child employment
Child employment is subject to a number of other acts and
regulations including:
A child is employed if they assist in any trade or occupation
carried out for profit whether or not the child receives pay or
reward.
A summary of the regulations
- No child under 13 years old may be employed.
- A child can only do light work.
- The hours a child can work are different for children under 15
years old.
- A child must be allowed rest periods.
- The employer must ensure that a child's health and safety is
protected.
- Children are of compulsory school age until the last Friday in
June of the school year (1 September to 31 August) in which they
have their 16th birthday.
- Children of compulsory school age can only be employed in
Medway if they have been issued a work permit by Medway
Council.
- A work permit can be refused or cancelled if the employment is
considered likely to be harmful to the education, health or
physical development of the child.
NB: a permit can be withdrawn if a child's school attendance
is not satisfactory.
The work permit
Employers in Medway are responsible for applying for a work
permit for each child they employ in Medway. If you live in Medway
and your child wants to work in another area, say Bromley, the
employer must apply to that local authority for the work permit.
Employers in Medway must have a work permit for each child they
employ in Medway, wherever the child lives. Application forms (pdf
365KB) can be downloaded from this page. To use this file you will
need Adobe Acrobat Reader. If you do not have it on your computer,
please use our advice page. You
can also ask for a form using the contact information at the foot
of this page.
The Education Welfare Service will issue the permit and send it
to the employer when it is satisfied that the work is legal and
meets the bye-laws.
Children should carry the permit with them when they are
working, as it must be produced if a police officer or authorised
local authority officer asks to see it. A work permit is personal
to the child and specific to the employment, the place of work and
the authorised hours. If any details change, a new permit must be
obtained.
NB: the Association of British Insurers has stated that,
unless a child is registered with their local authority, they may
not be included under the employer's liability insurance.
Children in entertainment (on television, in theatres, films or
in paid sport or modelling) are subject to different regulations. Any queries regarding
such children should be made to the Education Welfare Service.
Hours of work
Children may not work before 7am or after 7pm on any day. No
child may work for more than two hours on any school day (with no
more than one hour before school).
Ages 13 and 14
- Term time - maximum 12 hours per week.
- Saturdays and school holidays - maximum 25
hours a week when not required to attend school. Maximum five hours
on any day.
- Sundays - maximum two hours.
Ages 15 and 16
- Term time - maximum 12 hours a week.
- Saturdays and school holidays - maximum 35
hours per week when not required to attend school. Maximum eight
hours on any day.
- Sundays - maximum two hours.
There must be a break of at least one hour after four hours work
on any day.
School holiday employment
In any year there must be at least two consecutive weeks free
from school and from employment.
No child of any age may be employed in:
- a cinema, theatre, discotheque, dance hall or night club,
except in connection with a performance given entirely by
children;
- selling or delivering alcohol, except in sealed
containers;
- delivering milk as part of a house-to-house milk delivery
round;
- delivering fuel oils;
- a commercial kitchen;
- collecting or sorting refuse;
- any work which is more than three metres above ground level or
in the case of internal work, more than three metres above floor
level;
- employment involving harmful exposure to physical, biological
or chemical agents;
- collecting money or selling or canvassing door-to-door, except
under adult supervision;
- work involving exposure to adult material or in situations
which are, for this reason, otherwise unsuitable for children;
- telephone sales;
- any slaughterhouse or in that part of any butcher's shop or
other premises connected with the killing of livestock, butchery or
the preparation of carcasses or meat for sale;
- attending or assisting in a fairground or amusement arcade or
in any other premises used for the purpose of public amusement by
means of automatic machines, games of chance or skill or similar
devices;
- the personal care of residents of any residential care home or
nursing home (unless supervised by a responsible adult);
- any activity concerned with the use of firearms;
- outdoor or indoor markets (unless the child is employed by his
or her parent, in connection with the parent's retail business and
under the parent's direct supervision.
This information is for general guidance only. More detailed
information can be obtained from the Education Welfare Service. Copies of the
bye-laws can be examined free of charge at the address on the foot
of this page.
Penalties
- Section 21 of the Children and Young Person's Act 1933
as amended provides, among other things, that if a person is
employed in contravention of Section 18 of the Act or of the
provisions of any bye-laws made under it, the employer and any
other person (other than the person employed) to whose act or
default the contravention is attributable shall be liable on
summary conviction to a fine not exceeding level 3 on the Standard
Scale (£1,000).
- Section 559 of the Education Act 1996 empowers a local
authority to prohibit or restrict the employment of children and
any person found guilty of an offence under this section shall be
liable to a fine (as above) and/or up to one month in prison.
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