The Influence of Employment Law on Child Labour and the

Young Worker of TodayCarol Entwisle

Diploma in Employment Law 2014

International Labour Organisation (ILO) define child labour as:

• “Work that children should not be doing because they are too young to work, or – if they are old enough to work – because it is dangerous or otherwise unsuitable for them”.

• “ Whether or not a particular form of ‘work’ can be called “child labour” depends on the child’s age, the type and hours of work performed and the conditions under which it is performed”.ILO/IPEC 2008 United Nations Resources for Speakers on Global Issues

Historical Background

1788

Introduction of the ‘Chimney Sweep Act’

1802

‘Health and Morals of

Apprentices Act’

1815

Banning of employment of any child under the age

of 10 in factories

1819

‘The Cotton Mills Act’

1833

‘The Factories Act’

1834

Outlawing of chimney sweeps

under the age of 10

1840

Minimum age for chimney sweep

apprentices raised to 16

1842

‘The Mines And Collieries Act’

1844

‘The Textile Factory Act’

1847

‘The Factory Act’- Restricting working hours

1863

Publication of the novel ‘The Water

Babies’

1867

No child under 8 employed in factories or workshops

1872

Safeguards to ‘Health, Life and Limb’ introduced

1875

Chimney sweeps required to be

licenced

1933

‘Children and Young Person’s Act’- UK(Amended 1963)

Reasons for child labour past and present

Reasons for Child Labour

• The causes of child labour have links in culture, economics (primarily poverty), social actions and public perceptions all of which have made the child’s contribution to the family income necessary.

• World Wars made it necessary to return children to the workforce.

• Unicef – has produced a series of leaflets highlighting children employed in the workforce of suppliers to British industries.

Poverty

• Poverty is the most compelling reason why children work, as relevant today as in the early days of the Industrial Revolution

• Poor households spend the bulk of the income on food, often income from every member of the household is critical to survival.

• But UNICEF report “It’s a myth that child labour can never be eliminated until poverty disappears”. They believe as long as people are prepared to exploit them, be it family, employers or governments then there will be child labour.

• However poverty is not the only factor, as countries that are equally poor have varying levels of child labour

Education

• Not all countries have free or compulsory education

• Even when schools are available the quality of education can be poor

• Access is limited for some children

• Culturally in some countries education is not seen as productive

• Children are seen as a commodity to be sold or traded (bonded labour)

Market Demands

• Children are cheaper to employ them adults ( Young person rates UK)

• Can be dispensed with easily, when labour demands fluctuate

• More docile and obedient workforce, unlikely to organise for protection or support. (Reluctant to join a Trade Union)

• Changes to workforce make –up, with more temporary, zero hour and flexible contracts.

Income shock on households

• Many households do not have the means to deal with income shocks

• Natural Disasters – UK alone with flooding to business, and homes without house/contents insurance.

• Economic or agricultural crisis

• Impact of HIV/Aids pandemic, as more children become head of the household.

Current Employment Laws on Child Labour

• Children's and Young Persons Act 1933 amended 1963

• International Labour Organisations (ILO) Convention of Child Rights

• The ILO set the lowest age for legal employment at 15, many countries have applied this law.

• Unfortunately some countries have disregarded the ILO protocol and moved to reduce the legal age. Bolivia has reduced the age of employment from 14 to 10

• National Minimum Wage

• Working Time Regulations 2010

Employment for Young Workers or Child Labour in a Modern veneer?

• Youth rate abolished in many companies.

• But in 2002 some of the highest profile prosecutions for child labour offences, were made against some of these very employers.

• £12,400 fine imposed on McDonalds when a 16 year old was found to be working up to 16 hours a day.

• Inadequate/poor enforcement of legislation and policies to protect children will enable child labour to persist.

• ILO sept 2013 estimated there are still 168 million children working in situations that fit their definition of child labour.

Modern Child Labour

• Small scale manufacturers with families working from home.• Street sellers in tourist areas.• Bonded child labour, common in southern Asia were families either sell or

give their children in payment for debts.• Tobacco industry in the United States, children as young as 7 working in the

fields. The US Labour Dept in 2011 proposed changes to prohibit children under 16 from working on Tobacco farms, this was withdrawn in 2012.

• US logging industry has proposed a bill that would lower the min age from 18 to 16, to be consistent with 16 year olds working and operating heavy machinery on farms.

• In the UK around 700,000 children average age of 12 (but can be as young as 5) are thought to be caring for a parent. Research by Barnardo’s 2014

Is child labour an economic, or a social and political problem?• ILO reported that equally poor countries have varying levels of child

labour. But "Child labour persists when national laws and policies are lacking or are not effectively implemented”.

• The Walk Free Foundation (WWF) global report sets modern slavery figures at 35 million people in the 167 countries covered by the report.

• Modern slavery is a live political issue in the UK, the current draft bill moving through parliament would make Britain's anti slavery laws the best in the world.

• Child labour and slavery exists in all three arenas and therefore must be addressed in them all to finally see an end to this exploitation.

Research from 2011 shows…

Our children - Our Legacy?