SLIDE 1

As per section 3(1) of the Indian Majority Act 1875, every person domiciled in India shall attain the age
of majority on completion of 18 years and not before. 

SLIDE 2:

Employing Minors can harm the child’s well-being and hinder his or her education, development, and
future livelihood.

Two International Labour Organization (ILO) Conventions – the Minimum Age Convention No. 138 and
the Worst Forms of Child Labour Convention No. 182 - provide the framework for national law to define
a clear line between what is acceptable and what is not, including a minimum age for admission to
employment or work.

This minimum age should not be less than the age for completing compulsory schooling, and in general
not less than 15 years.

SLIDE 3:

The 1998 ILO Declaration on Fundamental Principles and Rights at Work calls for the effective abolition
of child labour.

This means that all ILO member States have an obligation to abolish child labour within their territories
regardless of whether they have ratified the relevant Conventions; and all companies should contribute to
such efforts in the country they operate in as well as to the global effort to eliminate all forms of child
labour.

Developing countries have the option to set the minimum age at 14 and 12 for “light work” as a
transitional measure. Many developing countries, however, have chosen to adopt the minimum age of 15
or even 16, so it is essential to check national legislation on the minimum age to ensure compliance with
the national law.

SLIDE 4:

In accordance with the Constitution of India, no child below the age of fourteen years shall be employed
to work in any factory or mine or engaged in any other hazardous employment. The minimum age for
employment is 14 years. Employment of children under 14 years of age is strictly prohibited in any
establishment. A violation of this rule can result in the imposition of fines and imprisonment in certain
States. 

SLIDE 5:

The minimum age for hazardous work is 18 years for all countries. Hazardous work is defined as work
which is likely to harm the health, safety or morals of the child because of its nature or the working
conditions and has to be listed by national legislation after consultation with employers and trade unions.

Even young persons who have attained the minimum age for employment in general but are not yet 18
years of age should not be engaged in hazardous work. Hazardous child labour is one of the “worst forms
of child labour” which requires urgent and immediate action. All ILO member States have ratified the
Worst Forms of Child Labour Convention No. 182, so it is important to be aware of national legislation
on “hazardous work”.

SLIDE 6:

Not all work by a person under the age of 18 is child labour. It depends both on the age and on the types
and conditions of work.

Child labour should not be confused with “youth employment” as from the minimum working age, young
people should be able to engage in decent work, but still need protection from hazardous work and other
worst forms of child labour.

There are also flexibilities for “light work” which is permissible as from 13 (or 12 if the minimum age is
set at 14) years of age by school-going children if authorized and monitored by the relevant authorities.\

SLIDE 7:

Factories Act 1948

Section 67: Prohibition of employment of young children. No child who has not completed his fourteenth
year shall be required or allowed to work in any factory.

SLIDE 8:

Section 68: Non-adult workers to carry tokens.—A child who has completed his fourteenth year or an
adolescent shall not be required or allowed to work in any factory unless—

- (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the
manager of the factory, and

- (b) such child or adolescent carries while he is at work a token giving a reference to such
certificate.

SLIDE 9:

Section 71: Working hours for children

(1) No child shall be employed or permitted to work, in any factory-

(b) during the night,

Explanation. —For the purpose of this sub-section “night” shall mean a period of at least twelve
consecutive hours which shall include the interval between 10 P.M. and 6 A.M.]

(2) The period of work of all children employed in a factory shall be limited to two shifts which shall not
overlap or spread over more than five hours each; and each child shall be employed in only one of the
relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed
more frequently than once in a period of thirty days.
(3) No child shall be required or allowed to work in any factory on any day on which he has already been
working in another factory.

(4) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7
P.M.

Employment of Minors

Businesses in some industries rarely utilize minors as employees, but in many other sectors teenagers
comprise a large component of the total work force; indeed, some enterprises engaged in various retail,
restaurant, and other businesses rely on minors to a considerable degree.

Using Minors Effectively

 Small business owners and employment analysts agree that the key to securing skilled and
motivated minors as employees lies at the very beginning, with the application and interview.
 In order to find top-notch minor employees, business are encouraged to pay close attention to the
information provided in the job application form.
 Are the students high academic achievers in high school? Do they participate in extracurricular
activities? Do they provide good references, such as former employers or school
teachers/administrators?

 Distinguish the teen employees and group them appropriately (with other teen and grown up
employees) forming effective teams.

 In addition, employers should take the time to conduct a thorough interview with minor
applicants, even if it is for a part-time entry level position. Every employee plays a part in
shaping company culture, and if the new hire has a bad attitude, it has the potential to influence
other teen employees. For example, an employer who hires a minor for a floor sales position only
to discover that the new hire has a previously undetected predilection for emotionally distant,
"cool" behavior may find other emotionally malleable—and previously customer-friendly—
staffers adopting some of the same mannerisms.

 Employers who hire minors also need to recognize that "adolescence is a transitional period.
Those who are in this age group are forming their personalities and identities." This sometimes is
awkward period of development and will likely manifest itself in all phases of the teen's life—
including work.

 But while employers may experience some frustration dealing with teens they can take comfort in
the fact "that it's easy to train these kids since they have little or no prior work experience and
have consequently acquired little or no work-related bad habits.

 Minor employees may require closer supervision than other employees. They are intimidated and
reluctant to ask questions about issues or tasks that they do not fully understand. Employers
should anticipate this and do two things, first, fully explain projects and tasks, and second,
maintain a work environment that is clearly receptive to their questions.
 
 In addition, employers should adopt a firm, but positive and constructive manner in various areas
of training. This includes communication that may be necessary to correct errors. Adopting a
tactful, reasonable, but firm approach in such instances is important. "Adolescents who are
starting out on their first or second jobs are often more sensitive to corrections concerning their
work by those who are older and (presumably) wiser. Such youngsters do not always understand
that it is only their skills that are being faulted and not their innate characters and consequently
are often very defensive."

Finally, Employers should:

O Remain cognizant of the importance of adhering to state and federal laws.

O Conduct periodic check-ups of your compliance with child labour law. Be sure to keep the managers up
to date on the child labour issue.

O Make sure not to hire new employees without obtaining proper age documentation.

O Be assured and know the minor employees and what type of job duties they may perform. After all, it
won't do your company much good if you are well-versed in the laws, but the managers who directly
oversee workers are unaware of the requirements.

O In addition, experts recommend that owners (or knowledgeable managers) establish a regular practice
of reviewing underage employees' schedules to try and prevent violations.