Welcome back to our forum where we delve into the intricate aspects of labour laws and practices. In our previous discussion, we introduced the rule against Child Employment, emphasizing the general prohibition of employing children under 14 years old and exceptions for children aged 14 and above. Today, we focus on the specific conditions under which employers are strictly prohibited from employing children under 18 years old.
Defining a Child
According to Section 4 of the ELRA:
“A child is defined as a person under the age of 14 years. However, for employment in hazardous sectors, a child is considered to be a person under the age of 18 years.”
This distinction is crucial in understanding the conditions under which individuals of certain ages can be employed.
Hazardous Sectors and Prohibited Tasks
The Employment and Labour Relations (General) Regulations, G.N. No.47 of 2017, have identified hazardous work for children under 18 years old in various sectors:
Agriculture
– Do not employ a child under 18 years for:
– Planting, weeding, applying pesticides
– Operating farm machinery and driving farm vehicles
– Harvesting, sorting, pruning
Fishery
– Do not employ a child under 18 years for:
– Placing and hauling fishnets
– Repairing fishnets, sorting fish
– Carrying fish baskets, cooking, salting, drying fish
Mining and Quarrying
– Do not employ a child under 18 years for:
– Shaft, drift, or trench digging
– Carrying ore, drilling, blasting, crushing ore
Construction
– Do not employ a child under 18 years for:
– Cement mixing, painting, brick making
– Trenching, carrying water, bricks
– Excavation, demolition operations
Service Sector
– Do not employ a child under 18 years for:
– Preparing food, cleaning kitchen equipment
– Washing clothes, clearing equipment, furniture
– Maintaining outside areas
Restaurants/Hotels/Bars/Guest House
– Do not employ a child under 18 years for:
– Cleaning utensils, equipment
– Scrubbing floors, window cleaning
– Making beds
Service Sector – Community Service
– Do not employ a child under 18 years for:
– Cobbling, electrical repair
– Auto repair, laundry, tailoring
– Hairdressing, barber services
Trade Sector
– Do not employ a child under 18 years for:
– Street merchandise selling, carrying
Transport Sector
– Do not employ a child under 18 years for:
– Auto repair, service stations, garages
– Carrying luggage, cleaning vehicles, loading goods
Other Informal Sector
– Do not employ a child under 18 years for:
– Carpentry, fixture workshops
– Manufacturing hosiery, detergents
– Textile manufacturing, coin making
Employer’s Responsibility
Before engaging any employee, it is essential for the employer to verify the age of the employee and ensure compliance with these regulations. Failure to adhere to these guidelines can lead to legal consequences.
Closing Remarks
Thank you for your attention to this crucial matter. Employers play a pivotal role in safeguarding the well-being of young individuals in the workforce. Let us work together to ensure compliance with these regulations for the betterment of our workplaces and communities.
Yours sincerely,
Isaack Zake, Esq.
Isaack Zake, an Advocate of the High Court of Tanzania, is dedicated to matters of labour and Human Resource Management. With extensive experience in labour law practice, including roles at FIBUCA Trade Union, Commission for Mediation and Arbitration, and the Labour Court of Tanzania, Mr. Zake is committed to providing legal education to the public. He is a founder of www.ulizasheria.co.tz, a blog focusing on labour laws with over 100 published articles in Swahili.
Mr. Zake also collaborates with the legal team of the Tanzania Association of Agriculture, Commerce, Industry and Mining Employers (TAACIME), an Employer’s Association. We welcome you to join TAACIME in advocating for employer rights.
For further information, questions, and suggestions, please contact us at 0713888040 or email info@taacime.co.tz.