Regulations and Global Conventions on Child Labour (Important) (Download PDF)

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After the enactment of the Child Labour (Prohibition & Regulation) Amendment Act, 2016, Government has recently ratified the International Labour Organization (ILO) Conventions No. 138 concerning minimum age for employment and No. 182 concerning prohibition and elimination of worst forms of child labour.

Regulations and Global Conventions on Child Labour

Regulations and Global Conventions on Child Labour

Regulations and Global Conventions on Child Labour

Child Labour (Prohibition & Regulation) Amendment Act, 2016

  • Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (“CL Act”) regulates the child labour practices in India.
  • 2016 amendments put complete prohibition on employment of child labour (a person below the age of 14 years) in any establishment whether hazardous or not.
  • A child is permitted to work only to help family, in family enterprise or as child artist after school hours or during vacations.
  • Offences now compoundable and cognizable notwithstanding the provisions of the Criminal Procedure Code.
  • Rehabilitation of victims under the provisions of the Act- setting up of the Child and Adolescent Labour Rehabilitation Fund with the realized penalties.
  • Liability affixed upon the parents and guardian of the affected children separately from the employers.
  • Increases penalty and imprisonment to be not be less than 6 months and may extend upto 2 years and fine between Rs. 20,000 to Rs. 50,000.

Concept of Adolescent Labor

  • The amendment introduced concept of adolescent labour for the first time. Adolescent a person between the ages of 14 - 18 years.
  • The amendment permits employment of adolescent labour except in hazardous processes or occupation.
  • Hazardous occupations and processes reduced from 83 to only 3.

International Labour Organization Important Conventions

  • International Labour Organization Conventions provides 190 laws to improve the labour standards around the world.
  • Eight fundamental Conventions (on prohibition of forced labour, child labour, the right to organize in a trade union, and suffer no discrimination) binding upon every member country of the International Labour Organization

Table contain shows the International Labour Organization Important Conventions

Table contain shows the International Labour Organization Important Conventions

Convention

Content

Ratif

Subject

Forced Labour Convention, 1930

Obligation for members to “completely suppress such forced or compulsory labour”, with exceptions for military, civil service, court orders, for emergencies and minor communal orders.

177

1. Servitude

Freedom of Association and Protection of the Right to Organise Convention, 1948

The right to autonomy in union organisation, for furthering and defending workers’ interests by collective bargaining and collective action.

152

2. Unions

Right to Organise and Collective Bargaining Convention, 1949

Protection against discrimination for joining a trade union, promotion of voluntary collective agreements, taking collective action.

163

2. Unions

Equal Remuneration Convention, 1951

The right to equal pay, without any discrimination on grounds of gender.

171

3. Equality

Abolition of Forced Labour Convention, 1957

Positive obligation on member states to ensure that all forced labour is abolished.

174

1. Servitude

Discrimination (Employment and Occupation) Convention, 1958

The right to not be discriminated against on grounds of “race, colour, sex, religion, political opinion, national extraction or social origin”, or other grounds determined by member states, in employment.

172

3. Equality

Minimum Age Convention, 1973

The requirement that people are at least 15, or a higher age determined by member states, or 14 for member states whose education systems are developing, before working, and 18 years old before dangerous work.

165

1. Children

Worst Forms of Child Labour Convention, 1999

Duties upon member states to identify and take steps to prohibit the worst forms of child labour (slavery, prostitution, drug trafficking and other dangerous jobs).

177

1. Children

Termination of Employment Convention, 1982

Requirement for employers to give a good reason before dismissing a worker. No conclusions on revision.

36

4. Fair dismissal

Sustainable Development Goals and Child Labor

  • Sustainable Development Goal 8.7 stipulates to take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers by 2025.
  • To achieve this Sustainable Development Goal, Government strengthening the legislative framework by completely prohibiting child labour upto 14 years in all forms

- Published/Last Modified on: September 6, 2017

Policy/Governance

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