From what age can I work in the cleaning Industries?

It’s exciting growing up, and earning an income is even better. Whether it’s to make pocket money, to help the family, or to support yourself and others, joining the workforce comes with responsibilities, and one of these is staying within the laws that apply to working in New Zealand. This includes:

- Education and Training Act 2020

- Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

- Children’s Act 2014

It’s a bit mind-boggling. Here are a few guidelines, and the New Zealand government also sets out the rights and responsibilities of young workers on its website. A lot depends on just how young the prospective employee is, and there are slight differences in different areas. There is no minimum age at which children can start working in New Zealand, but- depending on their age, different rules apply. Generally, children and young people in New Zealand are not allowed to work at ages as follows:

Children under 14 years of age may NOT work:

• as a babysitter
• as an au pair
• as a nanny without adult supervision.

No child under 14 may be unsupervised.

Children under 15 years of age may NOT work:

• on a logging or construction site
• in any area where goods or hazardous substances are manufactured
• where work requires heavy lifting
• with any machinery (even assisting)
• where the work could harm the employee.

This doesn't apply if the employee works at all times in an office, or selling department.

Employees under 18 years of age may NOT work:

in any restricted area of licensed premises while that area is open for the sale of liquor unless they are employed preparing or serving any meal, cleaning, repairing, maintaining, altering or restocking the area of any equipment, removing or replacing any equipment, stocktaking, or checking or removing cash direct access to gaming machines in gaming venues such as bars, taverns, and clubs.

Employees under 20 years of age may NOT work:

in parts of casinos where gambling takes place, or do any gambling-related duties.

Other than age, many other special rules also apply to children and young people who work, such as:

• The same fair bargaining rules for employment agreements apply.
• Under-18-year-olds can sign an employment agreement but should get help when agreeing.
• Parents can be present when discussing employment matters but settlement agreements signed by people aged 16 or 17 are final and binding.
• Age must be recorded on wage and time records.
• There is no minimum wage for employees under 16s. 16 to 19-year-olds can be paid a different minimum wage than adults.
• Hours worked are restricted to:
  - Children under 16: work hours must be outside of school hours only and must not be between 10 pm and 6 am.
  - It is unlawful to employ school-aged students during school hours without a certificate of exemption. There are fines of up to $1,000 for both parents and employers.
  - School-aged students may not do night work (between 10 pm and 6 am) so far as is reasonably practicable.

• Children under 15 years may not drive a tractor or vehicle, other than a car, truck, motorcycle, or machinery that weighs 700 kilograms.
• In terms of the Children's Act, there is a duty to ensure no harm comes to children. Anyone who commits an offence can be liable on conviction to a fine not exceeding $50,000.
• The ACC applies to all people in New Zealand, but the law must be followed. Ensure children are not exposed to harmful situations, and that the laws are followed. PPE and training are even more important for young cleaners.

For example, a child of any age is allowed to do garden work, but may not work during ordinary school hours. The child can also not sign a contract until they are 16. Between 16-and-18 year-olds need their parents to help them with it, but once they turn 18, they can sign a binding contract of without help. Until they turn 14 they must be supervised, and can’t do heavy lifting or work with machinery until they turn 15.

It's a lot of rules to remember. Children sometimes think adult life is free from rules, but many more laws apply than at school. Make sure you know your rights- and your responsibilities.

The above does not constitute legal advice. Read the legislation, and consult a solicitor if necessary.