Child Labor
Provisions for child labor laws are set by the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) sets specific laws and enforces them. States can also create employment laws. Employers must follow all child labor laws. Not obeying these laws can result in steep penalties.
Overview:
According to ILO and UNICEF, all work done by children can’t be classified as child labour. So, there is a need to differentiate between child labour and child work. If work is not affecting the health and personal development as well as the schooling of children, then this type of work can not be taken negatively and does not fall in the category of child labour, e.g. assisting in family business or working during school holidays or after school hours. These activities are not “child labour”, rather these can be termed as ‘child work’. Child work is not only important for the personal development of children but it also provides them with necessary skills to be useful and productive members of a society.
Our Approach to Texas Commercial Litigation and Business Disputes
Employers are required to arrange the working hours of adolescents (15 to 18 years) in such a manner so that these are not in conflict with school hours.
Matters We Handle, Legal Fees — and Your Next Steps
Before we talk about labour laws, let’s first have a look at the constitutional provisions pertaining to child labour.
Article 3: the state shall ensure the elimination of all forms of exploitation and the gradual fulfillment of fundamental principle, from each according to his ability and to each according to his work.
Article 11(3): No child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment.
Article 25(A): The state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as determined by law.
Article 37(e): The state shall make provision for securing just and humane conditions of work, ensuring that women and children are not employed in vacations unsuited to their age or sex, and for maternity benefits for women in employment.
Legal Guidance Customized for Your Business Needs
Provided that a child not below the age of 12 years may be engaged in the light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking, or in any school established, assisted or recognized by Government for such purpose.