1. Employers shall not employ children under the age of 15 and children under the age of 15 shall not be present at the workplace.
2. Should young persons between the ages of 15 and 18 seek employment, employers shall ensure that this does not interfere with their school going activities.
3. Employers shall ensure that young workers, between the ages 15 and 18 years of age do not perform night work and that the work provided to young workers is appropriate to the age of the young person concerned, and shall take care to ensure that the work performed does not risk the young person’s well-being, education, physical or mental health, or spiritual, moral or social development.
4. In cases where child labour is found to be present, the employer shall take appropriate measures to remediate the situation that will put the best interest of the child first.
South African Legislation
Constitution of the RSA, 1996:
- Section 28 (1)(e) provides that every child has the right to be protected from exploitive labour practices.
- Section 28(1)(f) provides that every child has the right not to be required or permitted to perform worker services that are age inappropriate or places at risk that child’s well-being, education, physical or mental health, spiritual, moral or social development.
- Child means a person under the age of 18 years (section 28(3)).
Basic Conditions of Employment Act (75 of 1997), as amended:
- Section 43(1) provides that no person may employ a child under the age of 15 years or who is under the minimum school-leaving age, if this is 15 or older.
- Section 43(2) repeats section 28(1)(f) of the Constitution.
- Section 44(2) provides that regulations may be made by the Minister prohibiting or placing conditions on the employment of a child who is at least 15 years of age and no longer required to attend school. Section 47 places the onus on the employer, if the employer alleges that it has complied with the age requirement.
- BCEA and the Sectoral Determination 13: Farm Worker Sector:
- Sub-clauses 1 and 2 of clause 25 of Part F: repeats the legislation and Paragraph 15 of the Guidelines provides that the employer must verify the age of the employee from the identity document or birth certificate.
South African Schools Acts (84 of 1996):
- Section 31(1) provides that a learner must attend school until the last school day of the year in which he/she reaches the age of 15 or grade nine, whichever is first.
Children’s Act 38 of 2005 International Reference
- ILO Convention 182, Worst Forms of Child Labour, 1999
- ILO Convention C138 – Minimum Age Convention 1973 (No138)