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Questions on child employment

Answers to some frequent questions

Question 1:- What does "employed" for a child mean?

Answer:- A child is employed if they work for a person or company who makes a profit out of their business irrespective of whether thery are paid or not.

Question 2:-  Do I need a work permit if my child is helping out with the family business and not getting paid?

Answer:-  Yes.

Question 3:- My child has just received a National Insurance Card and is 16.  Are they exempt from child employment regulations?

Answer:- No.  They are still considered children of compulsory school age until the last Friday in June of Year 11

Question 4:- Can a work permit be issued before a job is found.

Answer:-  No. This is because details of the employer and the job have to be on the work permit.

Question 5:-  My child has more than one job.  Will the work permit they already have cover them for the additional work?

Answer:-  No.  They need a separate work permit for each job they do, but you must write on the application that they have another job.

Question 6:-  My child is a babysitter for some friends.  Do they need a permit?

Answer:-  No.  Permits are not required for babysitting.

Question 7:- The byelaws state that children are not allowed to work in a "commercial kitchen."  Does that mean they cannot work in a restaurant?

Answer:-  No.  If the they are not allowed access to the cooking area and can be kept away from it they can work in a restaurant.

Question 8:-  Is there a Minimum Wage for children who work?

Answer:-  No.  The National Minimum Wage only applies from the age of 16 who have officially left compulsory education.

Question 9:-  Can children be charged tax on their earnings?

Answer:-  In theory they are liable to tax, but in practice their earnings are usually well below the PAYE tax threshold.  However, the employer needs to keep records of how much and when they are paid.

Question 10:-  I am only a small employer.  Do I need to keep records of the risk assessments I undertake concerning young people? 

Answer:-  It may be good practice to do so, but there is no legal requirement to record a risk assessment if you employ less than five people.  To find out more about risk assessments see this website.

Question11:-  I have a family business and only employ my children on a short term occasional basis.  Do I need to undertake a risk assessment?.

Answer:-  No, providing the work is not regarded as being harmful, damaging or dangerous.

Question 12:-  My child lives in Peterborough but has a job in Crowland, Lincolnshire.  Where would the child employment permit come from?

Answer:-  A permit should be obtained from the local education authority in whose area the employment takes place.  So in this case it would be Lincolnshire.  The address to send the permit would be on the neighbouring authority's website, but if there is any difficulty please contact us and we will tell you where to send the form.