Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part l

B. Terms and Conditions of Employment

24. Employment of Minors

Purchase

(1)	No person shall employ a child in the Industry:—

(a)	who is under 15 years of age; or

(b)	who is under the minimum school leaving age in terms of any law or is under the age of 15 years.

(2)	No person may employ a child in employment:—

(a)	that is inappropriate for a person of his age;

(b)	that places at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.

(3)	A person who employs a child in contravention of subclause 1 or 2 commits an offence.

(4)	Employment of children 15 years of age or older:—

(a)

subject to section 43 (2) of the Basic Conditions of Employment Act, 1997, the Minister may, on the advice of the Council, make regulations to prohibit or place conditions on the employment of children who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law.

(b)	a person who employs a child in contravention of subparagraph (a) commits an offence.

(5)	Medical examinations: the Minister may, after consulting the Council, make regulations regarding the conduct of medical examinations of children in employment.

(6)	Prohibitions:

(a)	it is an offence to—

(i)	assist an employer to employ a child in contravention of this Agreement;

(ii)	discriminate against a person who refuses to permit a child to be employed in contravention to this Agreement.

(7)

Evidence of age: in any proceedings in terms of this Agreement, 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 employment complies with the provisions of this clause to prove that it was reasonable for that party to believe. after investigation, that the person was not below the permitted age in terms of subclauses (1), (2) and (4).

(8)	Prohibition of forced Labour:—

(a)	Subject to the Constitution of the Republic of South Africa, all forced labour is prohibited.

(b)	No person may, for his own benefit or for the benefit of someone else, cause, demand or impose forced labour in contravention of subclause (a).

(c)	A person who contravenes subclauses (a) or (b) commits an offence.

(9)

Any person found to have committed an offence in terms of this clause and who at the commencement date of the child's employment was under the age of fifteen (15) years shall pay a penalty as stipulate in Schedule 2 table 1 of the Basic Conditions of Employment Act, 1997 (Act No.75 of 1997), as amended. Such payment shall be made to the Council. Such penalty is to be paid to the Council.