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A gist of little known Labour Act of India – Child and Adolescent Labour (Prohibition & Regulation) Act

Posted by: on 22 February 2019 in Amendments, Compliance, Finance, HR, Human Capital Management, Payroll

This post is part of the Coffee Break Guide to Compliance by Anandan Subramaniam. Please subscribe to the blog updates if you’d like to be notified of these posts. Please comment below with your doubts and queries.

The Coffee Break Guide to Compliance – Vol. 32 {A gist of little known Labour Act of India – Child and Adolescent Labour (Prohibition & Regulation) Act}

As an Employer how you are concerned with this specific Employment legislation of India?

This legislation is one of the much-debated Act in India. This legislation outlines, prohibition of employment in certain establishments of children below 14 years and Adolescent below 18 years.  The procedures were laid down in 1986 through an Act and it was recently amended in 2016.

The objective of this Act is specifically to prohibit engaging Child in a certain establishment and regulate the working conditions of children in employment where they are not prohibited from working.

  • A child is a person who has not completed his/her 14th year of age.
  • And an Adolescent is a person who has completed 14th year of age but not completed 18th year
  • An Adult is a person who has completed 18th year of age

Proof age

In case of any dispute in an age of the engaged person – to prove the age of Child or an Adolescent employed in an establishment, a certificate of age from appropriate Medical authority is required. The appropriate medical authority shall take into account the following:

  • School Certificate
  • Birth Certificate issued by Municipal authorities
  • AADHAR Card.

Employers’ general duty:

  1. Not to engage those who had not completed 14th year of age in specific employment
  2. Every child employed in an establishment shall be allowed, a holiday whole day, in each week
  3. Child or Adolescent can be engaged only for the specific working hours mentioned in the local legislation
  4. No Overtime work, for Child or Adolescent employees
  5. No child shall be required or permitted to work in any establishment on any day on which he has already been working with another establishment
  6. To take enough precaution as per the local legislation while engaging persons aged between 15 and 18
  7. Specific ID cards need to be issued for the Child or Adolescent to display, during performing the work
  8. Display statutory notice inconspicuous place of establishment premises notifying non-engagement of Child in English and vernacular language
  9. Where a Child is engaged in an establishment
    1. Notice to the inspector
    2. Maintain register with such particulars in respect of children employed in Form A
  10. Where a Child is engaged, Exhibit permanently,
    1. A notice in a conspicuous place, with details on weekly holiday for such Children engaged
    2. The day so specified shall not be altered by the employer more than once in three months
  11. Establishments to take care of health and safety of children employed
  12. Ensure the Child is not engaged if the industry is prohibited
  13. Ensure the Child is engaged, if allowed, on the working condition as specified in the Act
  14. Ensure no Child engaged through Contractors or Vendors.

With recent amendments following class of Child are allowed to:

  • Help family enterprise
  • Such help is not in any hazardous occupation or process
  • Such employment not involving in manufacturing processes
  • Perform duty only during non-school hours
  • Shall not perform duty between 7 pm and 8 am
  • No child shall work for more than 3 hours before he has had an interval for rest for at least one hour.
  • Besides, a Child can work as an Artist for 5 hours in a day with rest after 3 hours.

No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes.

In the recent notification, Government of India has included the Restaurants, Eateries, Hotels, Dhabbas, Tea shop, Resorts, SPA’s, Recreational centers. Hence due care has to be taken, not to engage Children if you are having a Pantry / Dining inside your establishment.

Penalties:

  • Whoever employs any child or permits any child to work in contravention of the provisions of section 3 (prohibition of employment of children in certain occupations and processes) shall be
    • punishable with imprisonment for a term which shall not be less than six months but which may extend to two years,
    • or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both
    • Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3.

 

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TAGS: Anandan Subramaniam Global Payroll Payroll and Compliance The Coffee Break Guide to Compliance

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