Welcome to today’s session as we continue our discourse on diverse knowledge related to labour laws and practices. In our previous article, we discussed the importance of employers being well-versed in labour laws. Today, our focus turns to a crucial rule that employers are duty-bound to follow: the rule against child employment.
Defining a Child
The definition of a child varies depending on the specific law being applied. According to the Constitution of the United Republic of Tanzania of 1977, as amended, the Child Act of 2009, and the Employment and Labour Relations Act of 2004, the age at which a person is considered an adult and able to vote is 18 years.
– Article 5(1) of the URT Constitution of 1977 as amended states:
“Every citizen of the United Republic who has attained the age of eighteen years is entitled to vote in any public election held in Tanzania.”
– The Law of Child Act of 2009, under Section 4(1) defines a child as:
“A person below the age of eighteen years shall be known as a child.”
– In the context of labour law, the Employment and Labour Relations Act (ELRA) Section 4 defines a child as:
“A person under the age of 14 years; provided that for employment in hazardous sectors, child means a person under the age of 18 years.”
The Rule Against Child Employment
Under Section 5(1) of the ELRA, it is expressly prohibited for any employer to employ a child under the age of 14 years:
“No person shall employ a child under the age of fourteen years.”
This prohibition is absolute and applies without exception.
However, Section 5(2) of the ELRA provides an exception to this rule, allowing for the employment of children who are 14 years old to perform light tasks:
“A child of fourteen years of age may only be employed to do light work, which is not likely to be harmful to the child’s health and development; and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received.”
Furthermore, Section 5(3) of the ELRA prohibits the employment of children under 18 years of age under hazardous conditions:
“A child under eighteen years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister.”
Key Points from the Rule Against Child Employment:
– Employers are prohibited from employing anyone below the age of 14 years.
– Children who are 14 years old may only be employed for light tasks.
– Children below 18 years of age cannot be employed under hazardous conditions.
In conclusion, employers must make informed decisions regarding whom to employ and under what conditions. It is crucial for employers to verify the age of potential employees before making any employment arrangements.
Stay tuned to our Forum as we delve into the hazardous conditions that children under 18 years are prohibited from being employed in.
Best regards,
Isaack Zake, Advocate
Director of Legal and Public Relations – TAACIME
Isaack Zake, an Advocate of the High Court of Tanzania, is deeply passionate about matters related to labour and Human Resource Management. With extensive experience as a labour law practitioner at various institutions, including FIBUCA Trade Union, Commission for Mediation and Arbitration, the Labour Court of Tanzania, and the Labour Office at the Ministry of Labour Affairs, Mr. Isaack is also the founder of www.ulizasheria.co.tz.
For further information, questions, and suggestions, please contact 0713 888 040 or email info@taacime.co.tz.