Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)RegulationsBCEA Regulations on Hazardous Work by Children2. Purpose and interpretation |
| (1) | The purpose of these regulations is to— |
| (a) | place conditions on the work that may be performed by child workers who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law; |
| (b) | prohibit any person from permitting or requiring such child workers to perform particular types of work specified in the regulations. |
| (2) | No provision in these regulations may be interpreted as — |
| (a) | permitting the employment of any child who is under 15 years of age or is subject to compulsory schooling in terms of any law; |
| (b) | reducing any other condition of employment or prohibition |
applicable to the employment of any person in the Act or any other law insofar as it applies to the employment of a child who is at least 15 years of age and no longer subject to compulsory schooling.
| (3) | These regulations must be interpreted in accordance with International Labour Organisation's Minimum Age Convention, 1973 and the Worst Forms of Child Labour Convention, 1999. 6 |
| (4) | To the extent that any sectoral determination establlshes a basic condition of employment that applies specifically to child workers employed in that sector, the provisions of that determination shall have precedence over these regulations; provided that the provisions in these regulations on the worst forms of child labour shall always apply unless specifically excluded by the sectoral determination. |
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6 The text of the Conventions is available at www.i1o.org