Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Fishing IndustryExtension to Non-parties of the Main Collective AgreementSection ll : Core RightsPart H: Employment24. Prohibition of Employment of Children |
| 24.1. | No person may employ a child on board a fishing vessel— |
| 24.1.1. | who is under eighteen (18) years of age unless indentured as an apprentice or |
| 24.1.2. | cadet for whom sixteen (16) years of age would be the minimum age allowed. |
| 24.2. | No person may employ a child in employment— |
| 24.2.1. | that is inappropriate for a person of that age; or |
| 24.2.2. | that places at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development. |
| 24.3. | Subject to sub-clause 24.2 above, the Minister of Transport may make regulation to: |
| 24.3.1. | prohibit or place conditions on the employment of children on board a fishing vessel who are at least eighteen (18) years of age and no longer subject to compulsory schooling in terms of any law; and |
| 24.3.2. | regulate the conducting of medical examinations of children in employment in addition to that required in terms of sub-clause 25 below. |
| 24.4. | In any proceedings in terms of this Act, if the age of an employee is a relevant factor for which insufficient evidence is available, it is for the party who alleges that the engagement complied with the provisions of this Chapter to prove that It was reasonable for that party to believe, after an investigation, that the person was not below the permitted age in terms of sub clauses 24.1 to 24.3. |
| 24.5. | It is an offence for an employer to: |
| 24.5.1. | employ a child in contravention of sub-clauses 24.1 to 24.3; or |
| 24.5.2. | assist an employer to employ a child in contravention of the clause; or |
| 24.5.3. | discriminate against a person who refuses to permit a child to be employed in contravention of this clause. |