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Labour Law
Employment of Adolescent Worker

Employment of Adolescent
Worker
• No child shall be employed or permitted to work in any
occupation or establishment.
• No adolescent shall be employed without a certificate of
fitness
• Adolescent must have to carry a token containing a
reference to such certificate
• Not applicable in case of an apprentice and vocational
training purpose (Section 34)

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No parent or guardian of a child

shall make an agreement with
anyone allowing the child to be
appointed for any work.
Bar on
Child
worker Guardian shall include a legal
custodian of a child or any person
agreement having authority over a child.
(Section 35)

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Provided by registered
medical practitioner
Certificate
of Fitness
On a request of
adolescent/parent/guardian

Shall remain valid for a period of 12

months

Fee shall be paid by the employer

Certificate
of Fitness
Fee shall not be recoverable from
the adolescent/parents/guardian
(Section 37)

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• Govt. shall declare from time to

time a list of hazardous work
• No adolescent shall be employed in
any work declared by the Govt. as
Declaration of hazardous
Hazardous • Prohibition of work on any
work machinery in motion

(Section 39)

Hazardous work is one of the worst

forms of child labour.
Hazardous More than half (53%) of the 215 million
work child labourers worldwide do
hazardous work.
(ILO Convention)

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• work that exposes children to

physical, emotional or sexual
abuse
• work underground, under water,
at dangerous heights or in
Hazardous confined spaces
• work with dangerous
Work machinery, equipment and
tools, or that involves the
manual handling or transport of
heavy loads

(ILO Convention)

work in an unhealthy
environment

Hazardous work for long hours or during

Work the night

work that does not allow for

the possibility of returning
home each day.

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Work related to
dangerous machines

• Fully instructed
• Fully precautioned
• Sufficiently trained
• Under supervision
(Section 40)

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A machine is dangerous if it is a possible

cause of injury to anybody working in a
Landmark normal way.
Decision
Walker vs Bletchly Flettans Ltd.(1973)

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No adolescent shall be allowed to work in any factory

or mine for more than 5 hours in any day and 30 hours
in any week.
Working
No adolescent shall be allowed to work in any other
Hours for establishment for more than 7 hours in any day and 42
hours in a week.
Adolescent
(Section 41) No adolescent shall be allowed to work in any
establishment between 7.00 O’CLOCK in the evening
and 7.00 O’CLOCK in the morning.

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If an adolescent works overtime, the total

number of hours worked including overtime
shall not exceed-
Overtime
Work for (a) in any factory or mine, 36 hours in a week

Adolescent (b) in any other establishment, 48 hours in a

week.

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Shift and Relay

The period of work of an adolescent employed in an establishment

shall be limited to two shifts, and the period of any shift shall not
exceed more than seven and a half hours.

An adolescent may be employed in one relay only and this shall

not, except with the previous permission, in writing, of the
Inspector, be changed more than once in a period of 30 days.

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The provisions relating to weekly

holidays under this Act shall apply also
to the adolescent workers and the
operation of this provision shall not be
suspended in respect of the adolescent
workers.

No adolescent shall be allowed to work

in more than one establishment in a day.

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Prohibition of employment of adolescent

in underground and under water

No adolescent shall be employed in any work in the underground

or underwater.
(Section 42)

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Exception in certain cases in the employment

of child workers and handicapped workers

A child who has completed 12 years of age, may be employed in such a

light work which is not dangerous to his health and development or shall
not interfere with his education

If the child is a school going one, the working hour of him shall be so
arranged that it does not interfere with his attendance in the school.
(Section 44)

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All provisions of this Chapter applicable to an adolescent worker shall,

mutatis-mutandis, apply to such child workers and handicapped workers.

No handicapped worker shall be employed in the work of a dangerous

machine or hazardous work.

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Thank You

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