Minors and Youth
Minimum Age for Employment
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
__________________________________________
Currently Applicable Provisions
In accordance with the Constitution of India, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. The minimum age for employment is 14 years. Employment of child under 14 years of age is strictly prohibited in any establishment. A violation of this rule can result in the imposition of fines and also imprisonment in certain States.
Children are not allowed to work more than six hours a day (which include one hour of rest after 03 hours of work). Night work (between 07 pm and 08 am) and overtime work is prohibited for children.
According to the Constitution, it is obligatory for the state to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
The Child Labour (prohibition and regulation) Amendment Act 2012 was passed by both Rajya Sabha and Lok Sabha in July 2016.
The amendments are as follows:
Employment of children below 14 years is prohibited in all occupations and processes and age of prohibition of employment is linked to age under Right of Children to Free and Compulsory Education Act, 2009, i.e., 14 years. Employer of children under 14 years is prohibited in both hazardous and non-hazardous employments. The Act prohibits employment of children below 14 years in certain occupations such as automobile workshops, bidi-making, carpet weaving, handloom and power loom industry, mines and domestic work.
However a child (under 14 years) can help his family or family enterprises in a non-hazardous occupation/enterprise, after his school hours or during vacations. Similarly, a child working as an artist in an audio-visual entertainment industry, advertisement, films, television serials or any such other entertainment or sports activities, except the circus. In both cases, the law requires that this permission is subject to such conditions and safety measures, as may be prescribed and provided that such work does not affect the school education of the child.
A new definition of adolescent is incorporated in the Act and employment of adolescents (14-18 years of age) is now prohibited in hazardous occupations and processes (mines, inflammable substance, explosives, and hazardous processes). Stricter punishment for employers for violation has also been proposed to act as a deterrent. The offence of employing a child or adolescent in contravention of the amended Act by an employer has been made cognizable.
The amendment bill relaxes the penal provisions for parents or guardians, who were earlier subjected to the same punishment as the employer of the child. However, in case of parents being repeat offenders, they can be penalized with a monetary fine up to Rs 10,000. An employer who who employs a child or permits a child (under 14) to work is punishable with imprisonment for at least six months and fine ranging between 20,000 and 50,000 rupees or both. If an employer contravenes provisions with regard to adolescents working in hazardous occupations or processes, he may be punishable with imprisonment for a term ranging between 6 months and two years, fine ranging between 20,000 and 50,000 rupees or with both.
The Amendment Act also provides for the constitution of the Child and Adolescent Labour Rehabilitation Fund for one or more districts for the rehabilitation of the child or adolescent rescued. The fund is to be financed with the amount of the fine recovered.
Under the Right of Children to Free and Compulsory Education Act, the compulsory education age is 14 years.
Source: §21(A) & 24 of Indian Constitution 1949; §2-7 of the Child Labour (Prohibition & Regulation) Act 1986; Child Labour (Prohibition & Regulation) Act 1986 Amendment Act, 2012, passed in 2016; §3 of the Right of Children to Free and Compulsory Education Act 2009
Minimum Age for Employment Under State Laws
Minimum Age for Employment in Andhra Pradesh
For Employees at Establishments:
No child (under 14 years of age) should be required or allowed to work in any establishment covered under the Shops and Establishments Act.
Source: Section 20, Andhra Pradesh Shops and Establishment Act, 1988
Minimum Age for Employment in Maharashtra
For workers in Beedi Establishments:
No children can be employed in establishments dealing with beedi.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
Minimum Age for Employment in Karnataka
For Children:
No child (under 14 years) is allowed to work in any establishment.
Source: Section 24 of the Karnataka Shops and Commercial Establishments Act, 1961
For Young Persons:
No young person (under 18 years) is allowed to work in any establishment for more than five hours a day.
Source: Section 7 of the Karnataka Shops and Commercial Establishments Act, 1961
Minimum Age for Employment in Uttar Pradesh
No State laws and provisions under this topic.
Minimum Age for Employment in Rajasthan
For Employees (including minors) at Establishments:
No child who has not completed the age of twelve will be required or allowed to work in any establishment.
Source: Section 21 of the Rajasthan Shops and Commercial Establishments Act, 1958
Minimum Age for Employment in Tamil Nadu
For workers of Motor Transports:
Amending the national Act, the Motor Transport Workers (Tamil Nadu Amendment) Act, 1975 altered the definition of adolescents from persons between 15 to 18 years, to 16 to 18 years of age. Any one below the age of 16 is considered to be a child.
Source: Motor Transport Workers (Tamil Nadu Amendment) Act, 1975
For Handloom, Catering, Shops and Commercial, and Beedi Establishments:
No children can be employed in establishments dealing with beedi, catering, and handloom industries. Same applies to establishments under the TN Shops and Establishments Act, 1947.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
Tamil Nadu Catering Establishments Act, 1958
Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
Tamil Nadu Shops and Establishments Act, 1947
Minimum Age for Employment in Gujarat
No child should be required or allowed to work whether an employee or otherwise in any establishment even if that child is a member of the family of the employee.
Source: Section 32, Bombay Shops and Establishments Act, 1948
No child who has not completed his fourteenth year should be employed or permitted to work in any scheduled employment.
Source: Section 17, Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979
No young person (not a child but person completed 17 years of age), whether as an employee or otherwise in any establishment, should be required or allowed to work for more than three hours in any day unless he has had an interval for rest of at least half an hour.
Minimum Wage for Employment in West Bengal
For Employees at Establishments:
No child (under 14 years of age) should be required or allowed to work in any establishment covered under the Shops and Establishments Act.
Source: West Bengal Shops and Establishments Act, 1963
Minimum Age for Hazardous Work
The minimum age for hazardous work has been raised to 18 years. The Hazardous work is defined as mines, inflammable substances, explosives, and hazardous processes. The ‘Child Labour (Prohibition and Regulation) Act’ makes it illegal for children under 14 years of age to be employed in factories, including 16 ‘hazardous occupations’ and 65 ‘processes’. These hazardous occupations and processes include working in slaughter house, automobile workshops, foundries, handling of toxic substances, mines, dhabas, restaurants, tea shops, domestic service, beedi making, carpet weaving, building and construction industry, etc.
Night work (22:00 to 06:00) and overtime (more than four and a half hours) is prohibited for children.
Source: §3 of the Child Labour (Prohibition & Regulation) Act 1986, last amended in 2016; §71 of the Factories Act 1948
Minimum Age for Hazardous Work Under State Laws
Minimum Age for Hazardous Work in Andhra Pradesh
No State laws and provisions under this topic.
Minimum Age for Hazardous Work in Maharashtra
For all factory workers:
Young people should only be allowed to work on dangerous machines post compliance with certain rules and procedures given in the Act. They should be trained and constantly supervised by adults who are experienced in taking custody of the dangerous machine.
Source: Section 61 of the Maharashtra Factories Rules, 1963
Minimum Age for Hazardous Work in Karnataka
For Young Persons:
The 1961 law prohibits the employment of women and young persons during the night.
Source: Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961
Minimum Age for Hazardous Work in Uttar Pradesh
No State laws and provisions under this topic.
Minimum Age for Hazardous Work in Rajasthan
For Employees (including minors) at Establishments:
No child between the ages of 12 and 15 will be required or allowed to work whether as an employee or otherwise, in any establishment during night.
Source: Section 22 of the Rajasthan Shops and Commercial Establishments Act, 1958
Minimum Age for Hazardous Work in Tamil Nadu
No State laws and provisions under this topic.
Minimum Age for Hazardous Work in Gujarat
No young person should be required or allowed to work for more than three hours in any day unless he has had an interval for rest of at least half an hour or for more than 6 hours total in a day. They should also not be allowed to perform such work as may be declared by the State Government by notification in the Official Gazette, to be work involving danger to life, health or morals.
Source: Bombay Shops and Establishments Act, 1948
Minimum age for Hazardous work in West Bengal
No State laws and provisions under this topic.
