CHAPTER SIX PROHIBITION OF EMPLOYMENT OF CHILDREN AND FORCED LABOUR (ss 43-48)

 

43.   Prohibition of work by children

  1. Subject to section 50(2)(b), a person must not require or permit a child to work, if the child-
    1. is under 15 years of age; or
    2. is under the minimum school-leaving age in terms of any law.

  2. A person must not require or permit a child to perform any work or provide any services-
    1. that are inappropriate for a person of that age;
    2. that place at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.

  3. A person who requires or permits a child to work in contravention of subsection (1) or (2) commits an offence.

44.   Regulations on work by children

  1. Subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions on work by children who are at least 15 years of age and are no longer subject to compulsory schooling in terms of any law.
     1A. The Minister may, on the advice of the Commission, make regulations to give effect to                 South Africa's international law obligations dealing with work by children.
  1. A person who requires or permits a child to work in contravention of any regulation made in terms of this section commits an offence.

45.   Medical examinations

The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations of children who perform work.

46.   Prohibitions

It is an offence to-
  1. assist any person to require or permit a child to work in contravention of this Act; or
  2. discriminate against a person who refuses to permit a child to work in contravention of this Act.

47.   Evidence of age

In any proceedings in terms of this Act, if the age of any person is a relevant factor for which insufficient evidence is available, it is for the party who alleges that the work by that person complied with the provisions of this Chapter to prove that it was reasonable for that party to believe, after investigation, that the person was not below the permitted age in terms of section 43 or 44.

48.   Prohibition of forced labour

  1. Subject to the Constitution, all forced labour is prohibited.

  2. No person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour in contravention of subsection (1).

  3. A person who contravenes subsection (1) or (2) commits an offence.