Employment of Young Persons and Children (Amendment) Act, 2004

5. The principal Act is amended by the insertion immediately after section four of the following new sections:

4A. (l) Subject to subsection (2), a child shall not be employed in any covered worksite. (2) Notwithstanding subsection (I), a child aged between thirteen and fifteen years may be lawfully engaged in light work- Employment of Young Persons and Children [No. 10· of 2004 55 (Amendment) (a) which is not likely to be harmful to that child's'health or development; and (b) is not prejudicial to that child's- (i) attendance at an institution ofleaming; (ii) participation in vocational orientation or training approved by a competent authority or that child's capacity to benefit from the institution received. (3) The provisions of subsection (I) shall not apply to- (a) work constituting the participation of the child in artistic performances in accordance with a statutory instrument, issued by the Minister, pr�scrtbing- (i) ,the number of hours to be worked; (ii) the conditions in which the work may be undertaken;-and (iii) such other matters as the Minister may consider necessary; and (b) work done by a child as part of the child's education provided that such work is approved and supervised by the Permanent Secretary, some other person appointed by the Permanent Secretary for such purpose, or a person in charge of an institution of learning. ( 4) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (5) In this section, " light work " means such work as the Minister may, by statutory instrument, determine to be light work.

4B. (1) Notwithstanding anything in this Act, a child shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form oflabour. · (2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not less than two hundred thousand penalty units but not exceeding one million penalty units, or to imprisonment for a term not less than foe years but not exceeding twenty-five years,or to both. Prohibition of employment ofchild in worst form of labour 56 No. 10 of 2004] Employment of Young Persons and Children (Amendment)

6. Section seven of the principal Act is amended by the deletion Amendment of section 7 ' of the words" other than an undertaking in which only·members of the same family are employed ". Amendment of section 17

7. Section seventeen of the principal Act is amended by the insertion immediately after subsection (3) of the following new subsection: Insertion of new section 17B, Prohibition of employment of young person in worst form of labour ( 4) Notwithstanding subsection (1 ), an undertaking may employ a young person in work of artistic performance for which express written permission·prescribing the number of hours to be worked and the conditions under which the young person shall work has been given by the Minister.

8. The principal Act is amended by the insertion immediately after section seventeen A the following new section:

17B. Notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the _circumstances in which it is carried out constitutes a worst form oflabour. (2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than two hundred thousand penalty units, or exceeding one ·million penalty units, or to imprisonment for a term of not less than five years but not exceeding twenty-five years, or to both."