Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 14 : Hospitality Sector, South AfricaPart F : Prohibition of Child Labour and Forced Labour23. Prohibition of child labour and forced labour |
| (1) | No person may employ 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.3 |
| (2) | No person may employ a child in 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 employee 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 his/her 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. |
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3 Section 31(l) 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.