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Wednesday, 3 October 2023

Child employment

Until children reach the Mandatory School Leaving Age (MSLA), they can only work a certain number of hours per week and only do certain jobs. Find out what the law says about child employment.

Compulsory school age

Children are of compulsory school age up to the last Friday in June in the academic year of their 16th birthday. After this they have reached the MSLA and they can apply for their National Insurance Number and work full time.

The youngest age your child can work part-time is 13 years old, with the exception of children involved in:

  • television
  • theatre
  • modelling
  • similar activities

If a child is offered work in these areas, they will need to get a performance licence. Performance licences are issued by the local authority. Before granting a licence the local authority will liaise with the headteacher of the child's school to ensure that the child's education will not suffer should that licence be granted.

Chaperoning

A child taking part in a performance - which can include TV, film, theatre, sporting activities or modelling - will require chaperoning. Chaperones are licensed by the local authority.

Restrictions on child employment

Children may not work:

  • without an employment permit issued by the education department of the local council, if this is required by local byelaws
  • in any industrial setting such as a factory or industrial site
  • during school hours
  • before 7.00 am or after 7.00 pm
  • for more than one hour before school (children can only work before school if local byelaws allow it)
  • for more than four hours without taking a break of at least one hour
  • in any occupations prohibited by local byelaws or other legislation, such as pubs and betting shops
  • in any work that may be harmful to their health, well-being or education
  • without having a two week break from any work during the school holidays in each calendar year

Term time

During term time children may work a maximum of 12 hours per week. This includes:

  • a maximum of two hours on school days and Sundays
  • a maximum of five hours on Saturdays for 13 to 14 year olds, or eight hours for 15 to 16 year olds

School holidays

During school holidays 13 to 14 year olds may work a maximum of 25 hours per week. This includes:

  • a maximum of five hours on weekdays and Saturdays
  • a maximum of two hours on Sunday

During school holidays 15 to 16 year olds may work a maximum of 35 hours per week. This includes:

  • a maximum of eight hours on weekdays and Saturdays
  • a maximum of two hours on Sunday

National Minimum Wage (NMW)

The National Minimum Wage is different depending on the age of the young person. There are different rates for 16, 17 and 18 to 20 year olds, and for 21 year olds and over. Employees who are older than Mandatory School Leaving Age are entitled to the NMW, but those who are still of compulsory school age are not.

There is also a NMW rate for apprentices under the age of 19, or those who are 19 or over in the first 12 months of their apprenticeship.

Employers

Employers must inform the education department of their local authority that they have employed a school-aged child. If satisfied with the arrangements, the council will issue the child with an employment permit, if this is required by local byelaws. A child is not insured without one.

Children do not need a work permit for work experience that his/her school arranges.

Local byelaws list the jobs that 13 year olds can do. No 13 year old can work in a job that doesn't appear on the list. Local byelaws may place further restrictions on the hours and conditions of work and the nature of employment. For help and advice or to apply for a work permit contact the education department of your local council or education welfare service.

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