employment – Children's Law Centre

My child is an Apprentice, can they be furloughed?

inico Admin — Tue, 09 Mar 2021 12:32:54 +0000

Yes, apprentices can be furloughed in the same way as other employees and your child can also continue to train whilst on furlough.

Their employer must pay them at least the Apprenticeship Minimum Wage/National Living Wage/National Minimum Wage for all the time they have spent training. This means that for time spent training your child’s employer must cover any shortfall between the amount they can claim for your child’s wages through the furlough scheme and their appropriate minimum wage.

How many hours can a 15/16 year old work whilst in school?

inico Admin — Wed, 20 May 2020 09:03:02 +0000

Children and young people that are employed under the compulsory school leaving age are called child workers.

During school holidays they are not allowed to work more than 7 hours per day, up to a maximum of 37 hours per week.

On a Saturday during term time they can work for up to 7 hours.

If they work for 4 hours continuously Monday-Saturday, they are entitled to a one hour break.

Your employer must notify the Education Authority that they have employed you. The Education Authority will then be responsible for ensuring your employer treats you properly.

How many breaks are children under 15 entitled to?

inico Admin — Wed, 20 May 2020 08:35:59 +0000

Children under 15 are entitled to a one hour break after three hours of continuous work Monday-Friday, and after four hours on a Saturday.

How many hours can children under 15 work?

inico Admin — Wed, 20 May 2020 08:34:57 +0000

Children and young people that are employed under the compulsory school leaving age are called child workers.

During term time child workers under the age of fifteen are allowed to work up to 2 hours on weekdays and Sundays, and up to 5 hours on a Saturday.

During school holidays child workers under the age of fifteen are allowed to work up to 5 hours per day, Monday-Saturday, and up to 2 hours on a Sunday. They can work up to a maximum of 27 hours per week.

What is the minimum age of employment?

inico Admin — Wed, 20 May 2020 08:31:07 +0000

It is illegal to employ anyone under the age of thirteen. If a young person is between the age of 13 and the official school leaving age (i.e. upon completion of Year 12) there are certain restrictions on the amount and type of work they can do:

It is an offence for anyone to employ you before 7am and after 7pm.
It is an offence to employ you to do work for more than one hour before you start school or before the end of the school day on any day when you should be at school.
You can only work for a maximum of two hours on any school day.
You can only work for a maximum of twelve hours per week during term time.
They can only work for a maximum of two hours on Sundays.
It is an offence to employ you in any occupation likely to be harmful to your health or education. It is up to your employer or potential employer to assess and manage these risks.

They can only work in the following types of jobs:

Delivery of newspapers, milk, groceries, flowers etc
Office work except in a place that sells alcohol or is licensed for betting or gambling
Hotel or catering work except in the kitchen or any part of the premises where alcohol is sold
Shop assistant except in a place that sells alcohol or is licensed for betting or gambling
Domestic work
Light agricultural work for their parents

The young person must have their parents/guardians’ consent before they start a job.

There is currently no minimum wage set for children under the age of sixteen. There is however a minimum wage for 16 and 17 year olds.

Can my family use a foodbank if I lose my job because of COVID-19?

inico Admin — Mon, 04 May 2020 11:18:22 +0000

Yes, everyone is entitled to use a food bank whether you are employed or unemployed.

My child has been furloughed; are they guaranteed their job back again after lockdown?

inico Admin — Mon, 04 May 2020 11:17:24 +0000

Unfortunately, there is no guarantee that your child’s employer will keep them on after the furlough scheme ends. This will depend on the circumstances of the individual business/employer.

The hope is that by the time the Furlough scheme ends, restrictions will have lifted and your child can return to work where their employer can start paying full wages again.

My child is on a zero hours contract; are they entitled to be furloughed?

inico Admin — Mon, 04 May 2020 11:16:23 +0000

If your child is on a zero hours contract and they are taxed through PAYE, then they should be entitled to be furloughed. Their 80% payment will be based on the higher of:

The amount they earned in the same month a year ago; OR
Their average earnings over the last 12 months if they have worked there for 12months. If they haven’t then it will be calculated using their average earnings over the amount of time they have worked for the company.

Your child will need to discuss furlough with their employer, or the relevant agency where applicable. If they are put on furlough, they won’t be able to do any work for their employer or on their behalf until the furlough ends.

How does Furlough work?

inico Admin — Mon, 04 May 2020 11:14:38 +0000

If your child has been on their employer’s payroll from 30th October 2020 then the government will pay their employer 80% of their salary, up to £2,500/month.

Your child’s employer can choose to top up their wage to the full 100% but they don’t have to.

Your child cannot do any work for their employer, or on their behalf, until furlough ends.

My child has been furloughed. What does this mean?

inico Admin — Mon, 04 May 2020 11:13:00 +0000

Furlough is basically a job retention scheme that means your child can still get paid 80% of their wages if their job has been affected by COVID-19. It essentially means their job is being put on standby until normality resumes and they can go back to work. If they are put on furlough, they won’t be able to do any work for their employer or on their behalf until furlough ends.