| (1) | No person may employ in farming activities a child— |
| (a) | who is under 15 years of age; or |
| (b) | who is under the minimum school leaving age in terms of any law, if this is 15 or older. 6 |
| (2) | No person may employ a child in an employment— |
| (a) | that is inappropriate for a person of that age; |
| (b) | that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development. |
| (3) | An employer must maintain for three years, a record of the name, date of birth and address of every farm worker under the age of 18 years employed by them. |
| (4) | Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited. |
| (5) | No person may, for their own benefit or for the benefit of someone else cause, demand or impose forced labour in contravention of sub-clause (4). |
| (6) | A person who employs a child in contravention of sub-clause (1) and (2) or engages in any form of forced labour in contravention of sub-clauses (4) and (5) commits an offence in terms of sections 46 and 48 of the Basic Conditions of Employment Act respectively, read with section 93 of that Act. |
| (7) | An employer may not require or permit a child who is 15 years of age or older but younger than 18— |
| (a) | to work after 18h00 and before 6h00 the following day; |
| (b) | to work more than 35 hours in any week; and |
| (c) | without limiting sub-clause (2), to work with chemicals. |
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6 Section 31(1) of the South African Schools Act (Act 84 of 1996), requires every parent to cause every learner for whom he or she is responsible to attend a school until the last day of the year in which the learner reaches the age of 15 or the ninth grade, whichever is the first.
