Last week, we celebrated legislation against child labour. Although we have this legislation, there is still a major problem. Children across the world are forced into sweatshops, farms and destructive employment.
It is worth noting this reality, and it is certainly important for everyone to fully understand the legislation structured around child labour.
It is incumbent upon every single employer to read Chapter 6 of the Basic Conditions of Employment Act No 75 of 1997 (as amended). We note that a person must not require or permit a child to work if the child is under 15 years of age or is under the minimum school-leaving age in terms of any law.
Furthermore, a person must not permit or require a child to perform any work or provide any services that are inappropriate for a child of that age, and work that may place a child’s well-being, education and physical or mental health at risk.
Any person who permits a child to work in contravention of the above commits an offence. There are regulations set out by the Labour Ministry strictly controlling the employment of children. Our Constitution specifically prohibits all forced labour.
It is vitally important to fully understand the regulations on hazardous work by children. There is a prohibition of piece work and task work, and there is a maximum daily and weekly working time. Likewise, night work is prohibited, and there is an outline of all the worst forms of child labour.
A child is a person who is under 18 years of age, and it is specifically outlined that for any work to be done, a child must be at least 15 years of age and no longer subject to compulsory schooling.
Every employer that employs a child above 15 years of age must make sure that they have adequate nutrition, adequate primary health care services and education if a child is enrolled at a school by an educational institution.
It is also an offence for any person to require or permit a child to work or to perform work which will result in the child being away overnight from their parents or legal guardian.
The real issue with South Africa today is that we have some fantastic legislation, such as the Basic Conditions of Employment Act and the Labour Relations Act. However, we have an ill-resourced and inadequate inspectorate.
There are very few inspectors in each city, and most of these inspectors do not have the resources in order to do their jobs properly. Many inspectors don’t have the tools of the trade, such as laptops and motor vehicles, and many are bogged down with all sorts of ridiculous paperwork as opposed to being on the road and investigating complaints.
Notoriously, the Department of Employment and Labour spends an absolute fortune of its budget on ridiculous entities such as Productivity South Africa, which spends millions to ensure that we remain probably one of the most unproductive workforces in the world.
The Labour Ministry spends an enormous amount of time, effort and budget in conjuring up negative, destructive legislation instead of concentrating on implementing and enforcing laws that could be productive.
This whole saga of the proposed Employment Equity Regulations, where the minister is trying to outlaw the employment of coloured and Indian labour, will have cost tens of millions of rand purely to be challenged at the end of the day in the Constitutional Court and for the whole exercise to be annulled.
We see the only productive and working entity within the Department of Employment and Labour being battered purely because they are performing.
The Commission for Conciliation, Mediation and Arbitration has proved over the past 20 years to be the jewel in the crown of the department. Despite its successes and effectively settling disputes and keeping labour peace in South Africa, the Labour Ministry has spent the past few years chipping away at its budget.
It is also important for us to bear in mind that because of the failure of our education system, most of our youth have no skills to enter into the job market. It has been reported that in many of the previously disadvantaged areas, there is unemployment of up to 80% within the youth category.
It is no wonder that in sheer desperation, many parents allow their children to be forced into child labour.
* Michael Bagraim.
** The views expressed here are not necessarily those of Independent Media.
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