Profesa
JF-Expert Member
- Oct 28, 2010
- 905
- 624
Kwa taarifa: Wale wenye hofu ya kuajiri Housegirl na Vijana wa Kazi ILO Convention 138 and 182 zinaruhusu mtoto aliye chini ya miaka 18 kuajiriwa, iwapo tu mazingira ya ajira siyo hatarishi kwa hali yeyote ile kwa mtoto (ikiwemo mshahara unaokidhi mahitaji, mahala salama kiakili, kiafya na kimwili). Mtoto pia katika mazingira ya Kiafrika huhitaji kufanya shughuli ya kujikimu au kusaidia familia yake, inaweza kuwa ya kumpatia kipato au sehemu ya kujifunza.
Pia Sheria ya Mahusiano Kazini Na. Ya Mwaka 2004 (Samahani hakuna Kiswahili chake) Kifungu cha 4 inasomeka hivi
age of 18 years;
Kifungu cha 5:
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]5.[/FONT][FONT=TimesNewRoman,Bold]
Pia Sheria ya Mahusiano Kazini Na. Ya Mwaka 2004 (Samahani hakuna Kiswahili chake) Kifungu cha 4 inasomeka hivi
''child'' means a person under the age of 14 years; provided that for the
employment in hazardous sectors, child means a person under the
employment in hazardous sectors, child means a person under the
age of 18 years;
Kifungu cha 5:
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]5.[/FONT][FONT=TimesNewRoman,Bold]
-(1) No person shall employ a child under the age of fourteen Prohibition
of
years. child]
labour
(2) 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.
(3) 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. For the purpose of this
subsection, ''ship'' includes a vessel of any description used for
navigation.
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.
(3) 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. For the purpose of this
subsection, ''ship'' includes a vessel of any description used for
navigation.
(4) No person shall 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.
(5) Notwithstanding the provisions of subsection (3), any written
law regulating the provisions of training may permit a child under the
age of eighteen to work-
(a) on board a training ship as part of the child's training;
(b) in a factory or a mine if that work is part of the child's training.
(c) in any other worksites on condition that the health, safety
and morals of the child are fully protected and that the child
has received or is receiving adequate specific instruction or
vocational training in the relevant work or activity.
(6) The Minister shall make regulations-
(a) to prohibit, or place conditions on the employment of
children under eighteen years of age;
(b) to determine the forms of work referred to in sub-section (4)
of this Act and to make provision for the regular revision
and updating of the list of hazardous forms of work.
(7) It is an offence for any person-
(a) to employ a child in contravention of this section;
(b) to procure a child for employment in contravention of this
section.
(8) In any proceedings under this section, if the age of the child is in
issue, the burden of proofing that it was reasonable to believe, after
investigation, that the child was not underage for the purposes of this
section shall lie on the person employing or procuring the child for
employment.
[/FONT][/FONT](b) that places at risk the child's well-being, education, physical
or mental health, or spiritual, moral or social development.
(5) Notwithstanding the provisions of subsection (3), any written
law regulating the provisions of training may permit a child under the
age of eighteen to work-
(a) on board a training ship as part of the child's training;
(b) in a factory or a mine if that work is part of the child's training.
(c) in any other worksites on condition that the health, safety
and morals of the child are fully protected and that the child
has received or is receiving adequate specific instruction or
vocational training in the relevant work or activity.
(6) The Minister shall make regulations-
(a) to prohibit, or place conditions on the employment of
children under eighteen years of age;
(b) to determine the forms of work referred to in sub-section (4)
of this Act and to make provision for the regular revision
and updating of the list of hazardous forms of work.
(7) It is an offence for any person-
(a) to employ a child in contravention of this section;
(b) to procure a child for employment in contravention of this
section.
(8) In any proceedings under this section, if the age of the child is in
issue, the burden of proofing that it was reasonable to believe, after
investigation, that the child was not underage for the purposes of this
section shall lie on the person employing or procuring the child for
employment.