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Employment of Young Persons and Children Act, 1933

This provision gives the Act its short title: the Employment of Young Persons and Children Act. This section defines “child,” “night,” and “young person” for the Act. This section defines “industr…

child employmentcomplianceconstructionemergency exceptionsemployee recordsEmployment lawemployment regulationindustrial activitiesindustrial operationsindustrial undertakingsinspectionsinterpretationmanufacturingnight workoffencespenaltiesshort titletransportworkforce complianceworkplace complianceworkplace coverageworkplace enforcementyoung personsyouth employment
Jurisdiction
Zambia
Structure
16 provisions
Citation
Act 10 of 1933
Dates
Source version 31 Dec 1996
More statute details
Dates
Source version 31 Dec 1996

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01

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“This provision gives the Act its short title: the Employment of Young Persons and Children Act.”

This provision gives the Act its short title: the Employment of Young Persons and Children Act. This section defines “child,” “night,” and “young person” for the Act. This section defines “industrial undertaking” for Part II and lists the kinds of work and businesses that count, with commercial and agricultural undertakings excluded. Children must not be employed in public or private industrial undertakings, except in family-only undertakings and certain school-based work that is approved and supervised. Anyone who breaches this Part commits an offence and may be fined 600 penalty units, imprisoned for 3 months, or both.

02

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Source record from zambialii.org · Source version 31 Dec 1996

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Showing 16 of 16 provisions

Amendment 9Provision 4Repeal 2Short title

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

This provision gives the Act its short title: the Employment of Young Persons and Children Act.

1. Short title This Act may be cited as the Employment of Young Persons and Children Act.
Section 1Verify source
§ 2Interpretation ............................................................................................................................................................................................. 1Amendment

This section defines “child,” “night,” and “young person” for the Act.

2. Interpretation In this Act, unless the context otherwise requires— "child" means a person under the age of fourteen years; "night" means a period of at least eleven consecutive hours, including the interval between ten o'clock in the evening and five o'clock in the morning; "young person" means a person who has ceased to be a child and who is under the age of eighteen years. [As amended by Act No. 40 of 1938, G.N. 233 of 1964, 36 of 1967 and 4 of 1991] Part II – Employment of children
Section 2Verify source

Part

Part II – Employment of children

§ 3Definition of "industrial undertaking" for the purposes of Part II ......................................................................................... 1Amendment

This section defines “industrial undertaking” for Part II and lists the kinds of work and businesses that count, with commercial and agricultural undertakings excluded.

3. Definition of "industrial undertaking" for the purposes of Part II For the purposes of this Part, "industrial undertaking" includes particularly— (a) mines, quarries and other works for the extraction of minerals from the earth; (b) (c) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation and transmission of electricity or motive power of any kind; construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work of construction, as well as the preparation for or laying the foundations of any such work or structure; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Employment of Young Persons and Children Act, 1933 (Chapter 274) Zambia (d) transport of passengers or goods by road or rail or inland waterway, including the handling of goods at docks, quays, wharves, and warehouses, but excluding transport by hand; (e) cordwood cutting; but does not include commercial or agricultural undertakings. [As amended by Act No. 49 of 1950]
Section 3Verify source
§ 4Prohibition of employment of children in industrial undertakings ....................................................................................... 2Provision

Children must not be employed in public or private industrial undertakings, except in family-only undertakings and certain school-based work that is approved and supervised.

4. Prohibition of employment of children in industrial undertakings (1) No child shall be employed in any public or private industrial undertaking or in any branch thereof, other than an undertaking in which only members of the same family are employed. (2) The provisions of this section shall not apply to work done by children in technical schools or similar institutions, provided that such work is approved and supervised by the Permanent Secretary, Ministry of Education, or some person appointed by him for that purpose.
Section 4Verify source
§ 5Penalties ...................................................................................................................................................................................................... 2Amendment

Anyone who breaches this Part commits an offence and may be fined 600 penalty units, imprisoned for 3 months, or both.

5. Penalties Every person who contravenes the provisions of this Part shall be guilty of an offence and shall be liable on conviction thereof to a fine of six hundred penalty units or to imprisonment for three months, or to both. [As amended by Act No. 13 of 1994] Part III – Employment of young persons
Section 5Verify source

Part

Part III – Employment of young persons

§ 6Definition of "industrial undertaking" for the purposes of Part III ........................................................................................ 2Amendment

This section defines “industrial undertaking” for Part III and lists examples, but excludes commercial and agricultural undertakings.

6. Definition of "industrial undertaking" for the purposes of Part III For the purposes of this Part, "industrial undertaking" includes particularly— (a) mines, quarries and other works for the extraction of minerals from the earth; (b) (c) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation and transmission of electricity or motive power of any kind; construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work of construction, as well as the preparation for or laying the foundations of any such work or structure; (d) transport of passengers or goods by road or rail or inland waterway, including the handling of goods at docks, quays, wharves, and warehouses, but excluding transport by hand; (e) cordwood cutting; but does not include commercial or agricultural undertakings. [As amended by Act No. 49 of 1950] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Employment of Young Persons and Children Act, 1933 (Chapter 274) Zambia
Section 6Verify source
§ 7Employees under the age of sixteen years .................................................................................................................................... 3Amendment

Employers generally cannot employ under-16s in industrial undertakings unless an apprenticeship or Labour Officer certificate applies, and they must keep and show a register of under-16 employees and birth dates on request.

7. Employees under the age of sixteen years (1) No person shall employ a young person under the age of sixteen years in an industrial undertaking, other than an undertaking in which only members of the same family are employed, unless such young person is either— (a) employed under a contract of apprenticeship entered into under the Apprenticeship Act; or [Cap. 275] (b) in possession of a certificate signed by a Labour Officer authorising such employment. (2) Every employer in an industrial undertaking shall keep a register of all persons under the age of sixteen years employed by him, and of the dates of their births, and shall produce the same for inspection when required to do so by a Labour Officer or police officer of or above the rank of Assistant Inspector. [Act No. 49 of 1950 as amended by Act No. 47 of 1963, G.N. Nos. 233 and 499 of 1964 and No. 36 of 1967]
Section 7Verify source
§ 8Prohibition of employment of young persons in night work ................................................................................................... 3Provision

Young persons must not be employed at night in industrial undertakings, except where only members of the same family are employed.

8. Prohibition of employment of young persons in night work No young person shall be employed at night in any industrial undertaking or in any branch thereof, other than an undertaking in which only members of the same family are employed.
Section 8Verify source
§ 9Exception in favour of certain undertakings ................................................................................................................................. 3Provision

This section allows night employment of persons over 16 in certain listed industrial undertakings and continuous-process work.

9. Exception in favour of certain undertakings The last preceding section shall not be deemed to prohibit persons over the age of sixteen years being employed during the night in the following industrial undertakings or work which, by reason of the nature of the process, is required to be carried on continuously day and night: (a) manufacture of iron and steel: processes in which reverberatory or regenerative furnaces are used, and galvanising of sheet metal or wire (except the pickling process); (b) glass works; (c) manufacture of paper; (d) manufacture of raw sugar; (e) gold mining reduction work.
Section 9Verify source
§ 10Exception in cases of emergency .................................................................................................................................................... 3Provision

Section 8 does not apply to night work by young persons aged 16 to 18 in qualifying emergency cases.

10. Exception in cases of emergency The provisions of section eight shall not apply to night work of young persons between the ages of sixteen and eighteen years in cases of emergency which could not have been controlled or foreseen, which are not of a periodical character and which interfere with the normal working of the industrial undertaking.
Section 10Verify source
§ 11Penalties .................................................................................................................................................................................................... 3Repeal

A person who contravenes this Part commits an offence and, on conviction, may be fined 600 penalty units, imprisoned for 3 months, or both.

11. Penalties Every person who contravenes the provisions of this Part shall be guilty of an offence and shall be liable on conviction thereof to a fine of six hundred penalty units or to imprisonment for three months, or to both. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Employment of Young Persons and Children Act, 1933 (Chapter 274) Zambia Part IV – Repealed by Act No. 4 of 1991 Employment of women
Section 11Verify source

Part

Part IV – Repealed by Act No. 4 of 1991

§ 17*** .......................................................................................................................................................................................................... 4Repeal

Section 17 is repealed.

17. *** [Repealed by Act No. 4 of 1991] Part V – Miscellaneous
Section 17Verify source

Part

Part V – Miscellaneous

§ 17AProhibition of employment of young persons in employment or work detrimental to health, safety andAmendment

Young persons must not be employed in work likely to harm their health, safety, or morals, unless the Minister authorises a prescribed type of work under the stated conditions.

17A. Prohibition of employment of young persons in employment or work detrimental to health, safety and morals (1) Notwithstanding anything in this Act, but subject to subsection (3), a young person shall not be employed on any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of that young person. (2) The types of employment to which sub-section (3) relates shall be prescribed by the Minister by regulations made under section twenty after consultation with the relevant trade unions and the employers' associations. (3) Notwithstanding sub-sections (1) and (2), the Minister may, in writing, after consultation with the relevant trade unions and employers' associations, authorise the employment of young persons not below the age of sixteen years of age in any type of employment or work prescribed under subsection (2), if satisfied that the health, safety and morals of the young persons are fully protected and that the young persons have received adequate and specific instruction or vocational training in the relevant branch of activity. [As amended by Act No. 14 of 1989] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Employment of Young Persons and Children Act, 1933 (Chapter 274) Zambia
Section 17AVerify source
§ 18Powers of Labour Officers and police officers ............................................................................................................................ 5Amendment

Labour officers and senior police officers may enter covered premises, examine affected persons, and use other necessary powers to enforce the Act.

18. Powers of Labour Officers and police officers Any Labour Officer and any police officer of or above the rank of Assistant Inspector shall have power— (a) at all reasonable times to enter upon any land or premises of any industrial undertaking affected by the provisions of this Act; (b) to examine, either alone or in the presence of any other person as he thinks fit, with respect to any matter under this Act any person affected by the provisions of this Act; (c) to exercise such other powers as may be necessary for carrying this Act into effect. [As amended by Act No. 49 of 1950, 47 of 1963 and G.N. 499 of 1964]
Section 18Verify source
§ 19Penalty ....................................................................................................................................................................................................... 5Amendment

A person who wilfully hinders or molests a police officer exercising powers under the previous section is liable on summary conviction to a fine of up to 600 penalty units.

19. Penalty If any person wilfully hinders or molests any police officer in the exercise of the powers given to him by the last preceding section, he shall be liable on summary conviction to a fine not exceeding six hundred penalty units. [As amended by Act No. 13 of 1994]
Section 19Verify source
§ 20Regulations ............................................................................................................................................................................................... 5Amendment

The Minister may make regulations by statutory instrument for the purposes listed in this section.

20. Regulations The Minister may, by statutory instrument, make regulations for all or any of the purposes following: (a) prescribing the ages under which young persons shall not be employed in particular trades or occupations; (b) generally for carrying into effect the purposes and provisions of this Act. [As amended by G.N. No. 233 of 1964 and 36 of 1967] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5
Section 20Verify source

Legislative relationships

2 referenced instruments

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T–Z

2 instruments

  • Young Persons and Children Act

    Section 1

  • Young Persons and Children Act, 1933

    Sections 3, 6, 11, 17A

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  • 31 Dec 1996 · currentEnglish

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