Is your child looking for a holiday job? Here’s what you need to know
There are very specific legal and regulatory prescribes pertaining to child labour that you need to know
POLOKWANE – Many children want to work during school holidays and also other times to augment their pocket money or save for a specific goal.
There are, however, very specific legal and regulatory prescribes pertaining to child labour contained in the Basic Conditions on Employment Act, 1997 and as amended in 2002 and 2013 and the Constitution.
Children under 15 years may not work for a salary at all, as are children under the minimum school-leaving age in terms of the law, if it is 15 or older. Children in South Africa’s parents are responsible to see that they attend school until the last school day of the year in which they reach the age of 15, or the 9th grade, whichever is first.
Children may also not be employed in employment inappropriate for a person of that age, or employment that places their wellbeing at risk, or their education, physical or mental health or spiritual, moral or social development. To employ children contrary to these provisions is an offence.
The Regulations on Hazardous Work by Children No 32862 list prohibited work for children such as deep sea fishing, animal slaughtering, commercial diving, meat processing, logging, working in a bar, shebeen, tavern or pub, rock and stone crushing, working in confined spaces and underground mining.
It may also not be required from a person under 18 years old to do work requiring respiratory protective equipment, work in an elevated position, lifting heavy weights and working in cold, hot and noisy environments. The minimum age set for people doing hazardous work is 18 years old.
The Minister of Labour may, on the advice of the Employment Conditions Commission make regulations to prohibit or place conditions on the employment of children who are at least 15 and no longer subject to compulsory schooling. The Minister may also order the medical examination of children in employment. The onus also lies with the employer to prove that it was reasonable for him/ her to believe, after investigation, that a person was not below the permitted age.
Children with special permission may perform in advertisements, sports, artistic and cultural activities. Children however may not work more than 40 hours per week during school holidays and 20 hours per week during a school term, and may also not be employed from 18:00 to 06:00.
