EMPLOYMENT OF WOMEN, YOUNG PERSONS, AND CHILDREN ACT

Arrangement of Sections

1. Short title.

PART I

Night Work in Industrial Undertakings

2. Restrictions on night work in industrial undertakings.

2A. Employment of woman at night in any industrial undertaking.

2B. Provisions of section 2A not to apply to women holding responsible positions.

2C. Minister may prohibit employment of women at night in industrial undertakings.

3. Exceptions to restrictions on night work in industrial undertakings.

4. Rest period for apprentices or vocational trainees employed on night work.

5. Registers of industrial workers under the age of eighteen years.

6. Exhibition of provisions of this Part relating to workers under the age of eighteen years.

PART II

Employment in Industrial Undertakings and At Sea

7. Employment of children in industrial undertakings.

8. Registers of industrial workers who are women or young persons.

8A. Furnishing of information regarding employment of young persons in industrial undertakings.

9. Minimum age for employment at sea.

10. Registers of lists of crew under the age of sixteen years.

11. Furnishing of information regarding employment of young persons employed on vessels.

PART III

Employment Other than Employment in Industrial Undertakings and at Sea

12. Application of this Part.

13. Restrictions on employment of children.

14. Employment of children by parents or guardians.

15. Restrictions by Commissioner of Labour on employment of children.

16. Furnishing of information regarding the employment of children.

17. Restriction on employment of children attending school.

18. Restrictions on children taking part in entertainments.

19. Prohibition against persons under eighteen years of age taking part in performances endangering life or limb.

20. Restrictions on training for performances of a dangerous nature.

20A. Prohibition against persons under eighteen years of age being employed in hazardous occupations.

PART IV

Provisions Applicable to All Employment

21. Regulations relating to employment of young persons.

22. Furnishing of information regarding employment of women and young persons.

PART V

General

23. Division between industry and non-industrial occupations.

24. Inspection, and furnishing or taking of copies, of registers and lists kept under this Act.

25. Powers of entry and search.

26. The furnishing of information by any class of employers may be required by notice published in the Gazette and newspapers.

27. In prosecution for employment in contravention of this Act, employer may prove that some other person committed the offence.

28. Evidence.

29. Provision regarding prosecution.

30. Medical examination of young persons and children.

31. Regulations.

32. Application of this Act.

33. Omitted.

34. Interpretation.

29 of 1973,

47 of 1956,

43 of 1964,

32 of 1984,

8 of 2003,

24 of 2006.

AN ACT to regulate the Employment of Women, Young Persons, and Children.

[Date of Commencement: 7th November, 1956]

1. Short title.

This Act may be cited as the Employment of Women, Young Persons, and Children Act.

PART I

Night Work in Industrial Undertakings

2. Restrictions on night work in industrial undertakings.

(1) Subject to the provisions of this Part, no person shall employ at any time during the night, a person under the age of eighteen years, in a public or private industrial undertaking or in a branch thereof.

[S 2(1) subs by s 2 of Act 32 of 1984.]

(2) If a person is employed in contravention of subsection (1) of this section, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and in addition to the above punishment the employer shall be ordered to pay compensation of such amount as may be determined by the court, to the person in respect of whom the offence was committed.

[S 2(2) am by s 2 of Act 8 of 2003.]

2A. Employment of woman at night in any industrial undertaking.

(1) Subject to the provisions of this night in any Part every woman employed in an industrial undertaking shall be permitted to work undertaking throughout the night.

[S 2A(1) ins by s 3 of Act 32 of 1984.]

(2) Employment of a woman at night shall be subject to the following conditions—

(a) no woman shall be compelled to work at night against her will;

(b) that written sanction of the Commissioner of Labour should be obtained by every employer, prior to the employment by him of women to work after 10 pm at night;

(c) no woman who has been employed during the hours of 6 am and 6 pm shall be employed after 10 pm on any day;

(d) every woman who works at night not less than one and a half times the normal payment received by her;

(e) there shall be appointed female wardens to see to the welfare of woman workers who work at night;

(f) every woman worker working at night shall be provided with restrooms and refreshments by the employer;

(g) no woman shall be employed for more than ten days on night work, during any one month.

[S 2A(2) ins by s 3 of Act 32 of 1984.]

(3) Where a person is employed at night in contravention of the conditions set out in subsection (2) the employer and any other person (other than the person employed) to whose act or default the contravention is attributable shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment and in the case of a young person only, where such young person is below the age of eighteen years, in addition to the above punishment the employer shall be ordered to pay compensation of such amount as may be determined by court, to the person in respect of whom the offence was committed.

[S 2A(3) ins by s 3 of Act 8 of 2003.]

(4) In this section "the Commissioner of Labour” includes the Additional Commissioner of Labour, a Deputy Commissioner of Labour and an Assistant Commissioner of Labour.

[S 2A(4) ins by s 3 of Act 8 of 2003.]

2B. Provisions of section 2A not to apply to women holding responsible positions.

The provisions of section 2A shall not apply—

(a) to women holding responsible positions of a managerial or technical character;

(b) to women employed in health and welfare services who are not ordinarily engaged in manual work; and

(c) to an industrial undertaking in which only members of the same family are employed.

[S 2B ins by s 3 of Act 32 of 1984.]

2C. Minister may prohibit employment of women at night in industrial undertakings.

When in a case of serious emergency, the public interest demands it, the Minister may, after consultations with the employers' and workers' organisations concerned, if any, by Order published in the Gazette, vary the conditions set out in section 2A, in relation of employment of women, or prohibit employment of women, during the night in any industrial undertaking or undertakings or branches thereof.

[S 2C ins by s 3 of Act 32 of 1984.]

3. Exceptions to restrictions on night work in industrial undertakings.

(1) .

[S 3(1) rep by s 4(1) of Act 32 of 1984.]

(2) .

[S 3(2) rep by s 4(1) of Act 32 of 1984.]

(3) The Minister may, after consultation with the employers' and workers' organisations concerned, if any, authorise, by Order published in the Gazette, the employment during the night of male young persons who have attained the age of sixteen years but are under the age of eighteen years for purposes of apprenticeship or vocational training in such industrial undertakings required to be carried on continuously as is or are specified in the Order.

(4) Where in an industrial undertaking there occurs an emergency which could not have been controlled or foreseen and which is not of a periodical character and which interferes with the normal working of that undertaking, then, during that emergency, the provisions of section 2 with respect to the employment of persons under the age of eighteen years during the night shall not apply to persons between the ages of sixteen and eighteen years employed in that undertaking, if the emergency is reported, within seven days of its occurrence, to the Commissioner of Labour.

(5) When in a case of serious emergency the public interest demands it, the Minister may, after consultation with the employers' and workers' organisations concerned, if any, by Order published in the Gazette, suspend, only with respect to persons between the ages of sixteen and eighteen years, the prohibition of the employment of persons under the age of eighteen years during the night in any industrial undertaking or undertakings or branches thereof.

(6) If the Minister considers it expedient to do so, he may, by Order published in the Gazette, permit young person's to be employed in any industrial undertaking or in any branch thereof during that part of the night which falls between 7 pm and 11 pm subject to the condition that no young person's so employed shall be required or permitted to work in such undertaking or branch at any time during the eleven hours immediately following 11 pm.

[S 3(6) am by s 4(2) of Act 32 of 1984.]

(7) Regulations may be made to exempt from the application of the provisions of this Part relating to persons under the age of eighteen years the employment of such persons on work which is not deemed by the Minister to be harmful, prejudicial, or dangerous to them in a family undertaking wherein only parents and their children or wards are employed.

4. Rest period for apprentices or vocational trainees employed on night work.

(1) Where a person who has attained the age of sixteen years but is under the age of eighteen years is employed during the night for purposes of apprenticeship or vocational training in an industrial undertaking by virtue of an authorisation under subsection (3) of section 3, his employer in that undertaking shall grant him a rest period of at least thirteen consecutive hours between two working periods.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding ten thousand rupees or imprisonment of either description for a period not exceeding twelve months or to both such fine and imprisonment.

[S 4(2) am by s 4 of Act 8 of 2003.]

5. Registers of industrial workers under the age of eighteen years.

(1) The employer in a public or private industrial undertaking shall keep a register of the names, dates of birth, and hours of work of all persons under the age of eighteen years employed in that undertaking.

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