The Basic Conditions of Employment Act (Act No. 75 of 1997) deals with the prohibition of employment of children. Section 43 (1) states “No person may employ a child—
(a) who is under 15 years of age; or
(b) who is under the minimum school-leaving age in terms of any law, if this is 15 or older.”
Section 43 (2) of the Act states “No person may employ a child in employment—
(a) that is inappropriate for a person of that age;
(b) that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development.”
Section 43 (3) of the Act states “A person who employs a child in contravention of subsection (1) or (2) commits an offence.”
“Section 31 (1) of the South African Schools Act, 1996 (Act No. 84 of 1996), requires every parent to cause every learner for whom he or she is responsible to attend a school until the last school day of the year in which the learner reaches the age of 15 or the ninth grade, whichever is the first.”
Therefore in terms of section 43 (1) (a), you may not employ a child who is younger than 15 years of age.
Legal Working Age
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