Children
(Regulation of Employment) (Jersey) Order 2011
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“child” means a person who has not attained the age
of 16 years and is below the upper limit of compulsory school age, as
defined in Article 2 of the Education (Jersey) Law 1999;
“premises” includes land, a vehicle and a trailer;
“school day” means, in relation to a child, any day on which
the school at which a child is registered is open for instruction;
“school term” means, in relation to a child, a term for
the school at which the child is a pupil;
“week” means any period of 7 consecutive days
commencing with Monday.
(2) For the purposes of
this Order –
(a) any
reference to employment shall be construed so as to include work done for
another person; and
(b) any
reference to an employer shall be construed as to include the person for whom
that work is done,
where the work is done in the circumstances described in Article 48(5)
of the Children (Jersey)
Law 2002.
(3) Where a child is
employed by more than one employer, the child’s working hours shall be
cumulative.
2 Prohibition
of employment of children under 13 years of age
A child who is under the age of 13 years shall not be employed
in any capacity.
3 Permitted
hours of employment
A child may only be employed, on any day, outside school hours,
between 6 a.m. and 8.15 p.m..
4 Restriction
of number of hours of employment in a day and week
(1) A child shall not be
employed –
(a) on
any school day, for more than 2 hours;
(b) in a
school week, for more than 12 hours.
(2) A child aged under
15 years shall not be employed –
(a) on
any day which is not a school day, for more than 7 hours;
(b) in a
holiday week, for more than 25 hours.
(3) A child aged
15 years shall not be employed –
(a) on
any day which is not a school day, for more than 8 hours;
(b) in a
holiday week, for more than 35 hours.
(4) For the purposes of
this Article –
(a) a
school week is any week in which there is at least one school day;
(b) a
holiday week is any week in which there are no school days.
5 Restriction
of days of employment in a week
A child shall not be employed on more than 6 days in a week.
6 Rest
periods and breaks
(1) In each period of
24 hours, a child shall have a rest period of at least 14 consecutive
hours.
(2) In each period of one
year a child shall have, during a school holiday, a rest period free of work of
at least 2 consecutive weeks.
(3) Where a child works for
more than 4½ hours in a day, the child shall be entitled to an
uninterrupted rest period of at least 30 minutes.
7 Prohibited
work
(1) A child shall not be
employed in work which –
(a) is
likely to be harmful to the child’s safety, health or development; or
(b) is
such as to prejudice the child’s attendance at school, the child’s
participation in vocational, orientation or training programmes, or the
child’s capacity to benefit from the instruction received.
(2) Without prejudice to
the generality of paragraph (1), a child shall not, in the course of his
or her employment –
(a) undertake
work of any kind in premises which are a nightclub, dance hall, discotheque,
bar or public house or like establishment unless the work is licensed under
Article 50(1) of the Children (Jersey) Law 2002 or work for which a licence
is not required by virtue of paragraph (3) of that Article;
(b) undertake
work of any kind in a kitchen in which food is prepared for sale in the course
of a business;
(c) undertake
work of any kind in a slaughterhouse or in any part of a butcher’s shop
or other premises connected with the killing of livestock, butchery or the
preparation of carcases or meat for sale;
(d) sell
or deliver liquor;
(e) sell
or deliver tobacco;
(f) sell
or deliver fuel oil;
(g) collect
or sort refuse;
(h) undertake
any work, whether in a fairground or amusement arcade or like place, connected
with the provision of public amusement by means of automatic machines, shooting
ranges or games of chance or skill;
(i) undertake
any work which involves harmful exposure to physical, biological or chemical
agents;
(j) undertake
any work which involves door-to-door sales or canvassing or collection of money
in payment for goods delivered to households, or any related work, unless the
child works under the direct and constant supervision of an adult;
(k) undertake
any work at an elevation from which the child could fall more than
2 metres, whether or not the work is undertaken using a ladder, scaffold,
harness, platform or any other temporary or permanent structure;
(l) undertake
any work administering personal care to residents of a nursing home within the
meaning of Article 1A of the Nursing Homes (Jersey) Law 1994 or a care home service, home
care service or adult day care service within the meaning of Schedule 1 to
the Regulation of Care (Jersey)
Law 2014; or
(m) undertake
any work which involves exposure to adult material or places the child in
situations which are, for this reason, otherwise unsuitable for children.[1]
8 Duty
to child who works without pay
Where, by virtue of Article 48(5) of the Children (Jersey) Law 2002 a child is, for the purposes
of this Order, treated as employed, the employer shall have the same duties to
the child as an employer would have to an employee under the Health and Safety at Work (Jersey) Law 1989.
9 Employment
authorized by other enactment
(1) Article 2 or 3 of
this Order shall not apply to the employment of a child to the extent that, as
the case requires, the employment of a child under the age of 13 or the
employment of a child outside the hours permitted by Article 3 is
authorized by a licence granted by the Minister under Article 50 of the Children (Jersey) Law 2002 or permitted, without a
licence, by paragraph (3) of that Article.
(2) Article 6, 7 and 8
of this Order shall not apply to the employment of a child to which the Shipping (Employment of Young People) (Jersey)
Order 2007 applies.
(3) Article 7 of this
Order shall not apply to an employment arranged or approved as described in
Article 26(2) of the Education (Jersey) Law 1999.
(4) An employment arranged
or approved as described in Article 26(2) of the Education (Jersey) Law 1999 shall be disregarded when
calculating, for the purposes of Article 4 or 5 of this Order, any
cumulative total of hours or days of employment.
10 Citation
This Order may be cited as the Children (Regulation of Employment)
(Jersey) Order 2011.