The employment of young persons and children in India is regulated by various labor laws, including the Factories Act, 1948, and the Child Labor (Prohibition and Regulation) Act, 1986, which aim to protect the rights and well-being of young workers and prevent child labor.
Employment of Young Persons (Minors)
- Definition of Young Persons (Minors): In most Indian labor laws, a “young person” or “minor” is defined as a person who has not attained the age of 18 years.
- Prohibited Employment: Young persons are generally prohibited from working in certain occupations and processes that are considered hazardous or detrimental to their health, safety, or morals.
- Working Hours: The Factories Act, 1948, limits the working hours for young persons to 4.5 hours per day and requires at least half an hour of rest after every 2.5 hours of work.
- Night Work: Employment of young persons in night shifts (typically between 10:00 PM and 6:00 AM) in factories is generally prohibited, with some exceptions.
- Medical Examination: Some labor laws require that young persons undergo periodic medical examinations to ensure they are fit for the work they are engaged in.
- Leave: Young persons are entitled to leave with wages, and the number of leave days may vary by state labor laws.
Child Labour
- Prohibition of Child Labour: The Child Labor (Prohibition and Regulation) Act, 1986, prohibits the employment of children (persons below the age of 14 years) in certain occupations and processes deemed hazardous.
- Exceptions: The law allows children to be employed in family enterprises or in non-hazardous occupations after school hours or during vacations, subject to certain conditions.
- Penalties: Violation of child labor laws can result in penalties, including fines and imprisonment.
- Establishment of Child Labor Rehabilitation-cum-Welfare Fund: Some states have established child labor rehabilitation-cum-welfare funds to support the rehabilitation and welfare of rescued child laborers.
- Awareness and Enforcement: Governments and non-governmental organizations (NGOs) conduct awareness campaigns and enforce laws to combat child labor.
