Theme: Illegal Employment

Children (below the age of 14) and adolescents are allowed to work in the family business.

Family Business

A family business means any work or business which is performed or run by the members of the family. The business could belong to or be run by an immediate family (mother, father, brother or sister) or extended family (father’s sister and brother, or mother’s sister and brother).

Types of Work

It is important that the family business does not involve the following:

• Dangerous substances or processes (the term in law is ‘hazardous’ occupation or process).
• Mines, Inflammable substances and explosives.

Children are allowed to work in a family business, but the child’s education should not be affected. The following points should be kept in mind:

• They have a right to education.
• They should only be made to work after school hours or during vacations.
• Parents also have a duty to send their children to school under the law.

It is important that health and safety of working children is taken care of. As an employer of an adolescent or a child allowed by the law to work, you should make sure that the child or adolescent is provided with the highest standards of safety and care through the following measures:

Environment

• The establishment should be clean and free from any form of nuisance.
• Wastes and effluents should be disposed off properly and in a manner which it is not open and unhygienic.
• There should be proper ventilation and lighting.
• The building must be maintained and precautions must be taken for fire accidents.
• All the machinery should be fenced to prevent accidents.

Facilities

• Provisions for drinking water, latrines, urinals and spittoons should be made.
• Protective gear for eyes and body should be provided.
• Floor, stairs and means of access.
• Maintenance of building and machinery.

Instructions

• Proper instructions should be given to adolescents for handling dangerous machines.
• Training and supervision should be given to adolescents for handling dangerous machinery.
• If you don’t fulfill your duties as an employer to comply with the laws on health and safety you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Some general rules that should be followed when employing adolescents (except when they are working with family or government-funded/recognized schools).

In a day an adolescent:

• Can only be made to work continuously for a maximum period of 3 (three) hours at a time.
• Is entitled to a break of one hour.
• Cannot be made to work for more than 6 (six) hours in a day. This includes the time they spend in waiting for work and their breaks.
• Cannot be made to work between 7pm and 8 am.
• Cannot be made to work more than their normal work hours.
• Cannot be made to work with two employers in the same day.

Further, one day off every week has to be given!

This day will be specified by the employer in a notice at the workplace. The employer should not alter this specified holiday day more than once in three months.

If you don’t fulfill your duties as an employer to comply with the laws on working hours and days you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

An employer employing an adolescent working in his establishment has to perform certain duties:

Maintaining a Register

As an employer you have to maintain a register which should have the following details:

• Name and date of birth of every adolescent working at your establishment.
• Hours and periods of work of the adolescent.
• Intervals of rest.
• Nature of work of any such adolescent.

Working Conditions

When an adolescent is employed for work, the Working Hours and Days and the Health and Safety has to be guaranteed to ensure that adolescent is treated fairly and humanely.

Sending the notice to the Inspector

As an employer employing a child worker you will have to send a notice to the Inspector. This has to be done within 30 days of hiring an adolescent. The notice should contain the following details:

• Name and location of the establishment.
• Name of the employer.
• Nature of the employment
• Work done by the establishment.

If you don’t fulfill your duties as an employer you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Parents and guardians will be fined for making a child below the age of 14 work in any form of employment except for family business and as child artists.

Parent or guardians allowing an adolescent to work against the law will be punished.

• If they commit the offence for the first time then, they will not be punished.
• If they still permit the adolescent to work in the prohibited occupations, then they will be punished with a fine of Rs. 10000.

Any person who employs a child below 14 years of age can be punished with:

• Jail time between six months and two years and/or
• Fine between Rs. 20,000 and Rs. 50,000.

The Court will decide if only jail time is sufficient or if a fine needs to be paid as well.

Any person who employs an adolescent between 14 and 18 in the illegal occupations, can be punished with:

• Jail time of between six months and two years and/or fine between Rs. 20,000 and Rs. 50,000.
• Jail time between one to three years if a person continues with child labour after having been punished once.

You can complain about any instances of child labour in the following manner:

Telephone Helpline – Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child labour can be prevented.

When you call 1098: Your call will be received by a person who you can give the following information to:

• Name of the child (if you know).
• Age (You can give an estimate).
• Description of the Child.
• Address ( You have to specifically give the exact location and any landmarks if you know).

 

After you call 1098: The person attending your call will give your information to the ground staff at the district where the child is. The ground staff comprises of a social welfare organization and members of the ChildLine India Foundation. They might call you back to find out more details or ask more doubts about the child. They will then make an inquiry and with the combined efforts of the following departments, they will take action:

• Labour Department.
• Police.
• Department of Anti-Human Trafficking.
• NGO’s and partner organizations.

Call the State Commission for Protection of Child Rights

You can also call the State Commission for Protection of Child Rights. Refer here and file a complaint with your particular State’s Commission.

Online Complaint

You can file an online complaint under the Child Labour Section, with the Ministry of Labour and Employment. The most important things that you should fill out are:

• Description of the child employed.
• State and district where the child is being employed.
• Your details- Name, Mobile Number and E-mail ID.

Police Station

When you go to the police station to complain about a case of child labour that you have seen or heard about, they will ask you to file an FIR. You should make sure you give all the information you know about the child labour incident that you have witnessed.

Post

You can make the complaint to the National Commission for Protection of Child Rights in any language and there are no fees that will be charged on you. You can write to the following address:

Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi – 110 001