Welcome back to our forum, where we continue our exploration of labor laws and practices. In our previous discussion, we covered areas where employers are strictly prohibited from employing children under 18 years of age. Today, we delve into the possible penalties for violating rules against child employment.
Offences Related to Child Employment
According to Section 5 (7) of the ELRA, the law stipulates the following offences:
– “It is an offence for any person:
– To employ a child in contravention of this section;
– To procure a child for employment in contravention of this section.”
As highlighted in our earlier discussion, employers are prohibited from employing children under 14 years old and also from exposing children under 18 years old to hazardous conditions. Any employer or individual who engages a child in such conditions is committing an offence punishable under the Employment and Labour Relations Act.
Reasons Behind Child Employment
There are various reasons attributed to child employment, with one major factor being the availability of cheap labor. Many employers opt for children over adults due to their inability to negotiate wages.
Child employment is prevalent in our households, where children, often school dropouts at Standard 7 level, are hired to perform domestic tasks. Most of these children are in their early teens, ranging from 13 to 15 years old. It is crucial to note that this practice is against the law.
Additionally, we have observed children involved in street begging, often with adults using them for this purpose. These children, as young as 2 to 10 years old, should be at home playing or attending nursery school. This exploitation violates their rights to proper education and a healthy life.
Punishments for Child Employment Offences
If an individual is convicted of child employment or procuring a child for employment, they can face the following penalties:
– A fine not exceeding 5 million Tanzanian Shillings
– Imprisonment for a term of up to 1 year
– Both fine and imprisonment
In any case where there is a dispute regarding whether an employed person is a child or not, the burden of proof lies with the employer and not the child or prosecution.
Employer’s Responsibility and Conclusion
Employers must exercise caution before engaging any employee to ensure they are of legal age. It is imperative for employers to avoid engaging children or individuals under the legal age in any employment that poses hazardous conditions.
Thank you for your attention to this matter. Let us work together to uphold the rights and well-being of our children and ensure compliance with labor laws for a better society.
Yours sincerely,
Isaack Zake, Esq.
Isaack Zake, an Advocate of the High Court of Tanzania, is dedicated to matters of labor and Human Resource Management. With extensive experience in labor law practice, including roles at FIBUCA Trade Union, Commission for Mediation and Arbitration, and the Labor 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 labor laws with over 100 published articles in Swahili.
Mr. Zake is also working with the legal team of the Tanzania Association of Agriculture, Commerce, Industry, and Mining Employers (TAACIME), an Employer’s Association. You are all welcome to join TAACIME in advocating for employer rights.
For further information, questions, and suggestions, please contact us at 0713888 040 or email info@taacime.co.tz.