Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)RegulationsBCEA Regulations on Hazardous Work by Children13. Offences and Penalties |
| (1) | Any person who requires or permits a child worker to work for them in contravention of these regulations commits an offence. |
| (2) | Any person who is convicted of an offence in terms of these regulations may be sentenced to a fine or to imprisonment for a period of up to three years. |
| (3) | If any person is charged with an offence in terms of which it is alleged that that person permitted a child worker to work in breach of any provision of these regulations it is an defence if that person can establish that the child— |
| (a) | was not an employee of that person; and |
| (b) | did not in any manner assist in carrying on or conducting the business of that person. |
| (4) | Where any person is prosecuted for any offence involving the causing of injury to, or the death of, a child worker or any offence for a breach of any law regulating health and safety at work and a labour inspector is of the view that the person being prosecuted may have required or permitted a child to perform any work that constituted a worst form of child labour as contemplated in these regulations, the labour inspector must bring such information to the attention of the relevant prosecuting authority. |
| (5) | If a person is convicted of a offence, including an offence in terms of subregulation (4) in terms of which that person required or permitted a child worker to perform a worst form of child labour, the court on convicting that person and determining a sentence must take into account that— |
| (a) | that South Africa has ratified the Worst Forms of Child Labour Convention, 1999; |
| (b) | that the offence constitutes a worst form of child labour in terms of that Convention. |