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Employment - Employment Of Children And Young Persons Ss 103111

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            This Part shall be in addition to and not in derogation from the other provisions of this Act which shall apply unless varied by this Part.

104.   Power of Minister to exempt occupations

            If, having regard to the nature of the work involved in any occupation which forms part of an industrial or agricultural undertaking, the Minister considers that such occupation should be excluded from all or any of the provisions of this Part relating to such undertakings, he may, by order published in the Gazette, provide that employment in such occupation shall be deemed, for the purposes of this Part, not to be employment in such occupation to the extent specified in the order.

105.   Employment of children prohibited

            (1) Subject to the other provisions of this section, no child shall be employed in any capacity whatsoever.

            (2) A child who has attained the age of 14 years and is not attending school may be employed on light work not harmful to his health and development-

     (a)     by a member of the family of such child; or

     (b)     if such work is of a character approved by the Commissioner,

but so that, where the employment is other than of a domestic character in connection with which suitable accommodation is provided ,the child shall be readily able to return each night to the house of his parent or guardian or such other persons as may be approved by his parent or guardian:

            Provided that no child shall be required or permitted to work more than six hours a day or 30 hours a week.

            (3) A child who has attained the age of 14 years and is still attending school may, whilst on vacation from school, be employed on light work not harmful to his health and development of a character approved by the Commissioner for not more than five hours a day between 6 a.m. and 4 p.m.

            (4) No child shall be required or permitted, in the course of his employment, to lift, carry or move anything so heavy as to be likely to endanger his physical development.

            (5) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(c).

106.   Prohibition of employment underground

            (1) No child or young person shall be employed on underground work.

            (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to the penalties prescribed by section 151(c).

107.   Prohibition of night work

            (1) No child or young person shall be employed on any kind of work during the night:

            Provided that a young person may be employed on work during the night-

      (i)     in the case of an emergency which could not reasonably have been foreseen and prevented, which is not of a periodical character and which interferes with normal working; or

      (ii)     if the young person is so employed under a contract of apprenticeship or indenture to learn.

            (2) For the purposes of this section, "the night" means a period of not less than 12 consecutive hours including-

     (a)     in the case of a child, the period between 10 p.m. and 6 a.m. the following morning; or

     (b)     in the case of a young person, the period between 11 p.m. and 6 a.m. the following morning.

            (3) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

108.   Restriction on employment of children and young persons

(1) No young person or child shall be employed on any work which is harmful to his health, development, safety or morals.

            (2) The Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease so to employ the young person concerned.

            (3) Where a contract of employment is terminated in consequence of a notification by the Commissioner under subsection (2), the termination shall not affect the right of the young person concerned to be paid such wages as he may have earned, up to the time of the termination, under the contract of employment.

            (4) No employer shall continue to employ any child or young person after receiving notice, whether oral or in writing, from his parent or guardian that he is employed against the wishes of his parent or guardian:

            Provided that this subsection shall not apply where a young person is employed under a written contract of employment entered into by the young person with the approval of the Commissioner.

            (5) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(b):

            Provided that where an employer contravenes subsection (2) he shall be liable to the penalties prescribed by section 151(c).

109.   Hours of work of children and young persons in industrial undertakings

            (1) No child or young person shall, without the express permission of the Commissioner in writing, be required or permitted to work in an industrial undertaking-

     (a)     for more than three consecutive hours in the case of a child; or

     (b)     for more than four consecutive hours in the case of a young person,

without a period of rest which shall not be less than 30 minutes.

            (2) Without prejudice to the limitations imposed by section 105 on the number of hours a child may be required or permitted to work, no young person shall, without the express permission of the Commissioner in writing, be required or permitted to work in an industrial undertaking for more than seven hours a day.

            (3) Where a young person employed on work in an industrial undertaking is attending school, the hours of his attendance at school shall be deemed, for the purposes of subsection (2), to be hours of work in the industrial undertaking:

            Provided that this subsection shall not apply where the young person is employed on work in an industrial undertaking carried out in any Government technical school or other technical school supervised by a public authority or under any apprenticeship or vocational training scheme approved by the Commissioner.

            (4) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

110.   Prohibition of employment of children and young persons on rest days and paid public holidays

            (1) No child or young person shall, without the express permission of the Commissioner in writing, be required or permitted to work on a rest day or paid public holiday by virtue of section 99.

            (2) Where a child or young person works on a rest day or paid public holiday or for part thereof, the employer shall grant him a day or part of a day off, as the case may be, in substitution for such rest day or paid public holiday or part thereof before the rest day next following is due unless the time interval involved renders this impracticable.

            (3) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

111.   Regulations regulating employment of children, etc.

            Regulations may be made regulating the employment of children and young persons and, without prejudice to the generality of the foregoing, such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking.