Section 7. Worker Rights
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits child labor. The minimum age for employment is 15, for night work 16, and for hazardous employment 18. The Employment Act, however, does not extend minimum age protections to children working in domestic or agricultural work. The law also prohibits children younger than 18 from engaging in hazardous work in industrial undertakings, including mining, manufacturing, and electrical work, but these prohibitions do not address hazardous work in the agriculture sector. The law limits the number of night hours children may work on school days to six and the overall hours per week to 33.
The Ministry of Labor, the Office of the Deputy Prime Minister through the Department of Social Welfare, and the REPS are responsible for enforcement of laws relating to child labor. The government did not effectively enforce laws combating child labor due to a lack of baseline information regarding the scope of the problem and a lack of dedicated resources for identifying and punishing violators.
Penalties for conviction of child labor violations include a minimum fine of 100,000 emalangeni ($7,246), five years’ imprisonment, or both for a first offense, and a minimum of 10 years’ imprisonment with no option for a fine for subsequent offenses.
Children continued to be employed in the informal sector, particularly in domestic services and agricultural work such as livestock herding. This work might involve activities that put at risk their health and safety, such as using dangerous machinery and tools, carrying heavy loads, being exposed to pesticides, and working alone in remote areas. Children also worked as porters, bus attendants, taxi conductors, and street vendors. Children working on the streets risked a variety of dangers, such as severe weather and automobile accidents. They also were vulnerable to exploitation by criminals.
Child domestic servitude was also prevalent, disproportionately affecting girls. Such work could involve long hours of work and could expose children to physical and sexual exploitation by their employer. Children’s exploitation in illicit activities was a problem. Children, particularly in rural areas, served alcohol in liquor outlets and grew, manufactured, and sold illegal drugs.