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Basic Guide to Child Labour

Basic Guide to Child Labour

In the interests of protecting children, employing anyone under the age of 15 is illegal, except for children in the performing arts.  Children aged 15 to 18 may not be employed to do inappropriate work.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination

Children Under 15

It is a criminal offence to employ a child under the age of 15, except if you have a permit from the Department to employ children in the performing arts.

Based on Legislation in Section 43of the Basic Conditions of Employment Act

Children Under 18

Children aged 15 to 18 may not be employed to do work inappropriate for their age or work that places them at risk.

Based on Legislation in Section 43of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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