The business has a written policy on forced and child labour and how they manage this within the business

What does this mean?

  • The business has a written policy on forced labour, which includes how this is managed in the business.  For example, original identity documents are not kept to force people to work for the business and employees are not kept indebted so that they cannot leave.
  • The business also has a written policy on child labour and how this is managed within the business.
  • This policy needs to include preventing the Commercial Sexual Exploitation of Children (CSEC) as defined by the ILO.
  • The business is encouraged to become a signatory to the Tourism Child Protection Code of Conduct (the Code).

What do I do?

  • You need to refer to the BCEA to understand the laws around child labour. There is also a specific BCEA for regulations on hazardous work by children in South Africa that must be consulted.
  • It is a criminal offence to employ a child under the age of 15, except if you have a permit from the Department of Labour to employ children in the performing arts.  This is defined in Sectoral Determination 10: Children in the Performing Arts (SD 10).
  • This SD 10 was made specifically for South African sub-sectors like the tourism industry where children can be found performing, for example, dance art.  You need to familiarise yourself with this legislation if this applies to you.
  • If you employee young workers between the ages of 15- 18, there are also rules in the BCEA governing which work they may not do.  This would include anything that could harm them or prevent them from attending school.

The ILO has a number of conventions regarding forced and child labour. 

FTT is the Local Code Representative (LCR) for the Tourism Child Protection Code of Conduct (the Code).

BCEA – Regulations on Hazardous Work by Children  in South Africa: part 1, part 2, part 3
Sectoral Determination 10: Children in the Performing Arts