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4 1938

SHOPS (CONDITIONS OF EMPLOYMENT) ACT, 1938

PART II.

Restrictions on Employment of Juveniles.

Prohibition of employment of persons under fourteen years of age in shops.

16. —(1) It shall not be lawful for the proprietor of a shop to employ any person whose age is less than fourteen years to do shop work.

(2) It shall not be lawful for the proprietor of a shop to permit any person whose age is less than fourteen years and who is a relative of such proprietor to do shop work except as a part-time occupation.

(3) If the proprietor of a shop employs a person in contravention of this section such proprietor shall be guilty of an offence under this section and such person shall also be guilty of an offence under this section.

Proof of age of juveniles before employment.

17. —(1) It shall not be lawful for the proprietor of a shop to employ any juvenile to do shop work unless or until a birth certificate or other satisfactory evidence of the age of such juvenile has been produced to such proprietor.

(2) Whenever a birth certificate of a juvenile is required for the purposes of this section, such juvenile or his parent or guardian shall, on presenting a written requisition in such form and containing such particulars as the Minister for Local Government and Public Health may direct and on payment of a fee of sixpence, be entitled to obtain a certified copy of the entry of the birth of such juvenile in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(3) If the proprietor of a shop employs a juvenile in contravention of this section such proprietor shall be guilty of an offence under this section and such juvenile shall also be guilty of an offence under this section.

Restriction on employment of an undue number of juveniles.

18. —(1) Subject to the provisions of this section, the Minister may, whenever and so often as he thinks fit, by order do the following things, that is to say:—

(a) apply such order to shops of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) situate in any area specified or delimited in such order, and

(b) prohibit the employment, as members of the staff of any shop of that class in that area, of juveniles.

(2) Subject to the provisions of this section, the Minister may, whenever and so often as he thinks fit, by order do the following things, that is to say:—

(a) apply such order to shops of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) situate in an area specified or delimited in such order, and

(b) divide, by reference to the number of adults employed as members of the staff of each of such shops, such shops into such and so many grades as the Minister thinks proper, and

(c) prohibit the employment, as members of the staff of any shop which falls within any grade, of any juveniles in excess of the number appointed by such order in respect of that grade.

(3) An order under this section may relate to more than one class of shop and in that case may contain different provisions in relation to the different classes of shops to which such order relates.

(4) Any order under this section may, if the Minister thinks proper, provide that the proprietor of a shop who is an adult shall, for all or any (as may be specified in such order) of the purposes of such order, be deemed to be a member of the staff of such shop.

(5) In calculating for the purposes of an order under this section, the number of adult members of the staff of a shop, account shall be taken of any adults who are relatives of the proprietor of such shop and who are members of the staff of such shop.

(6) The Minister may by order amend or revoke any order made under this section (including this sub-section).

(7) If the proprietor of a shop to which an order under this section for the time being in force applies acts in contravention of such order in so far as it relates to such shop, such proprietor shall be guilty of an offence under this section.

(8) In this section—

the word “juvenile” does not include any apprentice who at the commencement of this Part of this Act is employed under indentures whereby he is bound to serve as apprentice for a period of not less than three years or any apprentice who, at or after such commencement, is employed as apprentice under rules made by an apprenticeship committee under the Apprenticeship Act, 1931 (No. 56 of 1931), but does include any juvenile (other than any such apprentice) who is a relative of the proprietor of a shop and who works regularly as a member of the staff of such shop;

the word “adult” means a person whose age is not less than eighteen years.

(9) The following provisions shall have effect, in relation to the making of an order under this section, that is to say:—

(a) before making such order, the Minister shall cause a draft of such order to be prepared and shall cause to be inserted in the Iris Oifigiúil and in such newspapers circulating in the area to which the proposed order is intended to apply as he thinks proper a notice—

(i) stating his intention to make such order,

(ii) setting out the terms of such draft order,

(iii) inviting all interested parties to make to him within a specified time such representations in relation to such draft order as they may think fit;

(b) the Minister shall not in any case make such order until the expiration of the said specified time;

(c) at the expiration of the said specified time, the Minister may, after consideration of any representations made to him within the said specified time, make such order in terms of the said draft, without modification or with such modifications as he thinks proper.

(10) The making of an order under this section shall be prima facie evidence that the provisions of sub-section (9) of this section have been duly complied with.