A Quick Guide To Employment Rights for People Under 16

This information is to help you with this general subject. If you have been affected by this issue or would like some further information please contact us.

Please see the end of the page for the boring but important legal info!

You are allowed to work if you are under 16, but the rules are set by Local Authorities so they are slightly different across Scotland. This information will give you a general idea of what your rights are, but you will need to check with your Local Authority to find out what their regulations say.

If I work will I have rights?
You don’t have the same rights as an adult employee, but you will be doing real work for real money and your employer should treat you properly as an employee. Your employer should not treat you unfairly, for example, due to your sex, race or a disability.

Do I need permission to get a part time job?
Most Councils require your employer to get an employment permit for you. To get this permit your parents have to confirm that you are fit to work and that they agree to you working.

How old do I have to be?
Some Local Authorities allow you to start at 13, others make you wait until you are 14 so you will have to check with your Local Authority.

What kind of work can I do?

If you are 13 the rules are strict – you can only do light work. On the whole you can do things like newspaper delivery, shop work, working in an office, a hairdressers, riding stable or hotels.   You can work on a farm or doing gardening if it is work for your parents or carers.

If you are 14 you can do more things, but still only work that is light work.You can sell on the street but the rules are pretty strict and you need a licence to do it so be careful.

Is there work I must not do?
Yes, you cannot work in a kitchen, bar, betting shop, disco, theatre – unless as a performer, or things like delivering milk, telephone sales and any heavy lifting.

What hours can I work?

During term time – a total of 12 hours each week

Term time weekdays you can work:

• only a total of two hours on a school day
• usually no more than one hour before school starts
• you must not start before 7 am, and must not work after 7pm, and never during school hours in term time
• During term time weekends you can work:
  if you are 13/14 you can work for 5 hours on Saturdays and 2 hours on Sundays
• if you are 15/16 (and under school leaving age) you can work for 8 hours on Saturdays and 2 hours on Sundays.

These are part of your total 12 hours maximum per week.

During holidays:

• if you are 13/14 you can work a total of 25 hours per week, up to 5 hours on a weekday, up to 5 hours on Saturday and up to 2 hours on Sunday.
• if you are 15/16 (and under school leaving age) you can work a total of 35 hours per week, up to 8 hours Monday – Saturday, and up to 2 hours on a Sunday.

How much should I be paid?
Minimum wage does not apply to you if you are under 16.  To check what the level is for 16 year olds – go to the government’s website at www.dti.gov.uk

Do I have a right to rest breaks?
Yes, if you work for 4 hours in a day, you should have a 1 hour break.

What about holidays?
You must take 2 weeks together during the school holidays. Whether you get holiday pay depends on the agreement that you have with your employer, but you have no legal right to holiday pay.

What if I am off sick?
You have no right to sick pay.

 What does my employer have to do when I get a job?

• Do a risk assessment – this means looking at what you are going to do and where you will do it to make sure you are safe
• Tell your local council your name, address, date of birth and what the job is, give them a copy of the risk assessment, and your parent/carers agreement that you can work.  The council will send you your work permit.
• Within 2 months of you starting the job you should get written details of what your job is, what your pay is, where you work, and your hours and any other things like holiday pay.  If you don’t get one you still have a spoken agreement.

What rights do I have if I get the sack, or if something goes wrong?
Depending on how long you have worked for your employer you may have rights.  They can be complicated so you will need to get proper advice, and you will need to do it quickly.  You have only 3 months to go to an employment tribunal if there is a problem, so you need to move fast.

As a child employee you do have rights. If something goes wrong, get advice!  You can get advice from your local Citizen’s Advice Bureau or a solicitor.

© Scottish Child Law Centre

This information is available as a leaflet  

Please note that the information provided on this page is also available as a leaflet.

If you would like a copy of this leaflet, or any of our other leaflets, please go to the Publications page to submit your order.        

Useful websites:

Delivering newspapers - www.nfrnonline.com download the “ Delivering Safely” Leaflet

Working on a Farm? - download the “Keep Children Safe on the Farm” leaflet

This information is intended as a guide and is not an authoritative interpretation of the law. 

The Scottish Child Law Centre seeks to ensure that the information published on its website is up to date and accurate. However, the information on the website does not constitute legal or professional advice and the Scottish Child Law Centre cannot accept any liability for actions arising from its use. The Scottish Child Law Centre cannot be held responsible for the contents of any pages referenced by an external link.

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