EMPLOYMENT
2. Employment in which children and young persons may be engaged
(1) No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or any employment other than those specified in this section.
***(2) A child may be engaged in any of the following employments:
*** NOTE─ Any existing contract of employment entered into by a child or a young person under subsection 2(2), before the commencement of the Children and Young Persons (Employment) (Amendment) Act 2010 [Act A1386] shall continue and be valid as if the Children and Young Persons (Employment) (Amendment) Act 2010 has not been made. ─ see section 10 of the Children and Young Persons (Employment) (Amendment) Act 2010.(a) employment involving light work suitable to his capacity in any undertaking carried on by his family;
(b) employment in any public entertainment, in accordance with the terms and conditions of a licence granted in that behalf under this Act;
(c) employment requiring him to perform work approved or sponsored by the Federal Government or the Government of any State and carried on in any school, training institution or training vessel; and
(d) employment as an apprentice under a written apprenticeship contract approved by the Director General with whom a copy of such contract has been filed.
* (3) A young person may be engaged in any of the following employments:
* NOTE ─ Any existing contract of employment entered into by a child or a young person under subsection 2(3), before the commencement of the Children and Young Persons (Employment) (Amendment) Act 2010 [Act A1386] shall continue and be valid as if the Children and Young Persons (Employment) (Amendment) Act 2010 has not been made. ─ see section 10 of the Children and Young Persons (Employment) (Amendment) Act 2010.(a) any employment mentioned in subsection (2); and in relation to paragraph (a) of that subsection any employment suitable to his capacity (whether or not the undertaking is carried on by his family);
(b) employment as a domestic servant;
(c) employment in any office, shop (including hotels, bars, restaurants and stalls), godown, factory, workshop, store, boarding house, theatre, cinema, club or association;
(d) employment in an industrial undertaking suitable to his capacity; and (e) employment on any vessel under the personal charge of his parent or guardian:
Provided that no female young person may be engaged in any employment in hotels, bars, restaurants, boarding houses or clubs unless such establishments are under the management or control of her parent or guardian:
Provided further that a female young person may be engaged in any employment in a club not managed by her parent or guardian with the approval of the Director General.
(4) The Minister may, if he is satisfied that any employment (not mentioned in subsection (2) or subsection (3)) is not dangerous to life, limb, health, safety or morals, by order declare such employment to be an employment in which a child or young person may be, or permitted to be, engaged; and the Minister may in such order impose such conditions as he deems fit and he may at any time revoke or vary the order or may withdraw or alter such conditions.
(5) No child or young person shall be, or be required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act 1967 [Act 139], the Occupational Safety and Health Act 1994 [Act 514] or the Electricity Supply Act 1990 [Act 447] or in any employment requiring him to work underground.
(6) For the purpose of this section, “hazardous work” means any work that has been classified as hazardous work based on the risk assessment conducted by a competent authority on safety and health determined by the Minister.
3. The Minister may prohibit any child or young person from engaging or being engaged in any employment
Notwithstanding the foregoing provisions, the Minister may, in any particular case, by order prohibit any child or young person from engaging or from being engaged in any of the employments mentioned in section 2 if he is satisfied that having regard to the circumstances such employment would be detrimental to the interests of the child or young person, as the case may be.
4. Number of days of work
No child or young person engaged in any employment shall in any period of seven consecutive days be required or permitted to work for more than six days.
5. Hours of work of children
(1) No child engaged in any employment shall be required or permitted—
(a) to work between the hours of 8 o’clock in the evening and 7 o’clock in the morning;
(b) to work for more than three consecutive hours without a period of rest of at least thirty minutes;
(c) to work for more than six hours in a day or, if the child is attending school, for a period which together with the time he spends attending school, exceeds seven hours; or
(d) to commence work on any day without having had a period of not less than fourteen consecutive hours free from work.
(2) Paragraph (1)(a) shall not apply to any child engaged in employment in any public entertainment.
6. Hours of work of young persons
(1) No young person engaged in any employment shall be required or permitted—
(a) to work between the hours of 8 o’clock in the evening and 6 o’clock in the morning;
(b) to work for more than four consecutive hours without a period of rest of at least thirty minutes;
(c) to work for more than seven hours in any one day or, if the young person is attending school, for a period which together with the time he spends attending school, exceeds eight hours:
Provided that if the young person is an apprentice under paragraph 2(2)(d), the period of work in any one day shall not exceed eight hours; or
(d) to commence work on any day without having had a period of not less than twelve consecutive hours free from work.
(2) Paragraph (1)(a) shall not apply to any young person engaged in employment in an agricultural undertaking or any employment in a public entertainment or on any vessel under paragraph 2(3)(e).