Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - South Africa (Ratification: 2000)

Article 3(1) and (3) of the Convention. Minimum age and determination of hazardous work. The Committee previously noted that, through assistance from the ILO–IPEC project “Towards the elimination of the worst forms of child labour”, the Government had drafted regulations on child labour in South Africa, and it expressed the firm hope that these draft regulations would soon be adopted.

The Committee notes with satisfaction the adoption of the “Regulations on hazardous work by children in South Africa”, on 15 January 2010, which include the Health and Safety of Children at Work Regulations (pursuant to the Occupational Health and Safety Act) and the Basic Conditions of Employment Act Regulations on Hazardous Work by Children. In this regard, it notes that, pursuant to sections 4–10 of the Health and Safety of Children at Work Regulations, no child worker may be allowed to work in jobs with respiratory hazards, in elevated positions, involving the lifting of heavy weights, in a hot or cold environment, in a noisy environment, involving power tools or cutting and grinding equipment. The Committee further notes that these Regulations define a child as a person under 18 years of age (pursuant to section 1(b)) and define a child worker as a child who is employed by or works for an employer for remuneration or works under the direction of an employer or another person (pursuant to section 1(c)).

The Committee is raising other points in a request addressed directly to the Government.