EMPLOYMENT OF YOUNG PERSONS AND CHILDREN :
Most of the civilised nations restrict the employment of children in the factories. The Royal Commission on Labour observed that this is based on the principle that the supreme right of the State to the guardianship of children controls the natural rights of the parent when the welfare of society or of the children themselves conflicts with parental rights. Workers as young as five years of age may be found in some of these places working without adequate meal, intervals or weekly rest days at as low as 2 annas in the case of those tenderest years. Therefore, to curb these and other evil practices of employing children, following legislative measures have been adopted.
(i) General prohibition as to employment of children
According to Section 67, a child who has not completed his fourteenth year of age, shall not be employed in any factory.
(ii) Employment of children and Adolescents- Conditions
According to Section 68, children completing their fourteenth year or an adolescent, shall not be required to work in any factory, unless following conditions are fulfilled:
(i) the manager of the factory has obtained a certificate of fitness granted to such young person under Section 69;
(ii) while at work, such child or adolescent carries a token giving reference to such certificate.
(iii) What is a certificate of fitness
Under Section 69 of the Act, before a young person is employed in the factory, a Certifying Surgeon has to certify that such person is fit for that work in the factory. To get this certificate, an application to a Certifying Surgeon has to made either:
(i) by the young person himself; or
(ii) by his parent or guardian; or
(iii) by the manager of the factory.
If the application is made by a person other than the manager, it must be accompanied by a document, signed by the manager, that such young person will be employed in the factory if a certificate of fitness is granted in his favour. [Section 69(1)]
(iv) Certificate of fitness to work as a child
The Certifying Surgeon may grant or renew to any such young person, a certificate of fitness, in the prescribed form to work as a child, if, after examination, he is satisfied that
(i) such young person has completed his 14th year;
(ii) has attained the prescribed physical standards; and
(iii) is fit for such work. [Section 69(2)(a)]
(v) Certificate of fitness to work as an adult
If the Certifying Surgeon, after examination is satisfied that such a young person has completed his 15th year and is fit for a full days work in the factory, he may grant or renew a certificate of fitness, in the prescribed form, to such young person, to work as an adult. [Section 69(2)(b)]
Proviso to Section 69(2) provides that before granting or renewing a certificate of fitness, the Certifying Surgeon must have personal knowledge of the place of the work and manufacturing process wherein such young person will be employed. If he has no personal knowledge, he must examine such place personally.
Other features of certificate of fitness
(i) Validity: The certificate is valid for a period of 12 months from the date of issue [Section 69(3 (a)].
(ii) Conditions of Issue: It may be issued subject to conditions in respect to (i) the nature of work in which a young person may be employed, or (ii) the re-examination of such young person before the expiry of 12 months. [Section 69(3)(b)]. Such young person shall not be required or allowed to work except in accordance with these conditions. [Section 69(6)]
(iii) Revocation of the certificate: The certificate can be revoked by the certifying surgeon, at any time if, in his opinion, the worker is no longer fit to work as such in the factory. [Section 69(4)]
(iv) Certifying Surgeon to state reasons for refusal or revocation: Where a Certifying Surgeon refuses to grant or renew a certificate or revokes a certificate he shall state his reasons in writing if requested by any person, for doing so. [Section 69(5)]
(v) Fee for the certificate: Any fee payable for a certificate shall be paid by the occupier and it cannot be recovered from the young person, his parents, or guardian. [Section 69(7)]
(iv) Effect of certificate of fitness granted to adolescents
(1) The effect of granting a certificate of fitness to an adolescent and who while at work in a factory carries a token giving reference to such certificate is that he is deemed to be an adult for the purpose of Chapter VI relating to working hours, and Chapter VIII relating to annual leave with wages. [Section 70(1)]
(2) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 a.m. and 7 p.m.
Provided that the State Government may by notification in the Official Gazette, in respect of any factory or group or class or description of factories:
(i) vary the limits laid down in this sub-section, so, however, that no such section shall authorise the employment of any female adolescent between 10 p.m. and 5 a.m.
(ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved. (Section 70 IA)
(3) Where an adolescent has not been granted this certificate, he shall notwithstanding his age, be deemed to be a child for all the purposes of this Act. [Section 70(2)]
(v) Penalty for using false certificate of fitness
If a certificate of fitness is granted to any person, no other person can use it or attempt to use it. The person granting the certificate, cannot allow its use or attempt to be used by another person. In other words, where a person knowingly uses or attempts to use a false certificate and thus, contravenes above provisions, can be punished with imprisonment extending up to two months or with fine upto Rs. 1000 or with both. (Section 98)
Working hours for children
Section 71, lays down further restrictions on the employment of children in the factories. These restrictions as stated below relate to working hours for children.
(1) A child shall not be employed or permitted to work for more than 4-1/2 hours in any day. [Section 71(1)(a)]
(2) He is not permitted to work during night, i.e., during a period of at least 12 consecutive hours, including intervals, between 10 p.m. and 6 a.m.
(3) The period of work shall be limited to two shifts only. [Section 71(2)]
(4) These shifts shall not overlap.
(5) Shifts should not spreadover more than 5 hours each.
(6) Each child shall be employed in only one of the relays.
(7) The relays should not be changed more frequently than once in a period of 30 days, otherwise previous permission of the Chief Inspector should be sought in writing.
(8) The provision relating to weekly holiday under Section 52, also apply to child workers. But Section 7(3) does not permit any exemption in respect of these provisions.
(9) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. [Section 71(4)]
(10) No female child shall be required or allowed to work in any factory except between 8 a.m. and 7 p.m.
The Act not only prohibits the double employment of a child by the occupier or manager, but also prohibits under Section 99 his parent or guardian or person having custody of or control over him or obtaining any direct benefit from his wages, from allowing him to go for double employment. If they contravene this provision, they can be punished with a fine extending upto one thousand rupees unless the child works without the consent or connivance of his parent or guardian or such other person.
Notice of periods of work for children
(1) A notice, showing clearly for every day the period during which children may be required or allowed to work, shall be displayed and correctly maintained as per Section 108(2) in every factory which employs children.
(2) The periods of work shall be fixed beforehand according to the method prescribed for adult workers under Section 61.
(3) The periods of work so fixed shall not contravene the provisions of Section 71 relating to working hours for children. [Section 72(2)]
(4) The provisions of sub-sections (8), (9) and (10) of Section 61 shall apply to such a notice. (Section 72)
Register of child workers
According to Section 73(1), in every factory, in which children are employed, a register of child workers should be maintained and should be available for inspection by the inspector at all times during working hours or when any work is being carried on in the factory.
Hours of work to correspond with notice under Section 72 and register under Section 73
According to Section 74, the employment of any child shall be in accordance with the notice of periods of work for children to be displayed under Section 72 and the entries made beforehand against his name in the register of child workers of the factory maintained under Section 73.
Power to require medical examination
Section 75 empowers the inspector to serve on the manager of a factory, a notice requiring medical examination of a person by a surgeon, if in his opinion, such person is a young person and is working without a certificate of fitness or, such person, though in possession of certificate of fitness, is no longer fit to work in the capacity stated therein.
The inspector may further direct that such person shall not be employed or permitted to work in any factory until he has been examined and also granted a certificate of fitness or fresh certificate of fitness or has been certified by the Certifying Surgeon not to be a young person.
Certain other provisions of law not barred
The provisions relating to the employment of young persons in factories shall be in addition to, and not in derogation of the provisions of the Employment of Children Act, 1938. (Section 77)