Your child is allowed to work, but there are strict legal guidlines when it comes to the employment of children.

Sections 43 to 47 of the Basic Conditions of Employment Act 75 of 1997 regulate the employment of children.

In a nutshell:

A person may not require or permit a child to work, if the child:

• is under 15 years of age; or
• is under the minimum school-leaving age in terms of any law.

A person must not require or permit a child to perform any work or provide any services:

• that are inappropriate for a person of that age
• that place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development.

A person who requires or permits a child to work in contravention of the Basic Conditions of Employment Act commits an offence and can be imprisoned for up to 6 years.

The Basic Conditions of Employment Act also makes provision for the Minister of Labour to make regulations to place conditions on work by children who are at least 15 years of age and are no longer subject to compulsory schooling in terms of any law.

Code of Good Practice and Sectoral Determination 10

The employment of minors in advertising, artistic and cultural activities is common in South Africa and to this end the Minister of Labour has passed the Code of Good Practice for the Employment of Children in the Performance of Advertising, Artistic or Cultural Activities and Sectoral Determination 10 [insert]: Children in the Performance of Advertising, Artistic and Cultural Activities, South Africa’s Code of Good Practice [insert] to ensure these minors are properly protected.

While the Code of Good Practice serves merely as guidelines to an employer when employing children, Sectoral Determination sets very clear terms and conditions under which children may or may not be employed. Contravention of the Sectoral Determination constitutes an offence, which could result in a fine or imprisonment of up to 3 years

Importantly, Sectoral Determination 10 allows the lawful employment of children under the age of 15 on condition that:

• the person employing the child is in possession of a valid permit issued in terms of Sectoral Determination 10; and
• the child is employed in advertising, artistic and cultural activities.

Sectoral Determination 10 does not apply to a child’s participation in activities that are not for profit-making purposes performed under the auspices of one of the following organisations:

•  a school attended by the child;
•  a youth organisation, amateur dramatic society, church or other religious institution to which the child belongs.

While the Basic Conditions of Employment Act prohibits the employment of children below the age of 15, this does not mean that minors over 15 can enter into contracts as and how they please.

In South Africa, children under the age of 18 do not have full capacity to enter into contracts without the assistance of a legal guardian. This means that a child under the age of 18 can only enter a legally binding employment contract with the assistance of a parent or legal guardian.

 “Parent” means a parent with parental authority over a child, including guardianship or custody;

“Legal Guardian” means:

1. a person other than a parent, with parental authority over the child; or
2. a person responsible for the administration of a child’s estate and who has the capacity to assist or represent the child in legal proceedings or in the performance of juristic acts and includes a manager of an institution at which the child resides.

Children over the age of 15, who have entered into employment contracts with the assistance of their parent or legal guardian are protected by the provisions of the Basic Conditions of Employment Act and Labour Relations Act as if they were adults, unless there is a regulation passed by the Minister of Labour that is specific to the industry in which the child is employed.

Parents must therefore scrutinise any employment contract presented to their child and ensure that the prospective employer is reputable.

Yes. Section 29 of the Basic Conditions of Employment Act provides that an employee working more than 24 hours a month for an employer must be supplied with written particulars of employment (employment letter) setting out the following:

• The full name and address of the employer;
• The name and occupation of the employee, or a brief description of the work for which the employee is employed;
• The place of work, and, where the employee is required or permitted to work at various places, an indication of this;
• The date on which the employment began;
• The employee’s ordinary hours of work and days of work;
• The employee’s wage or the rate and method of calculating wages;
• The rate of pay for overtime work;
• Any other cash payments that the employee is entitled to;
• Any payment in kind that the employee is entitled to and the value of the payment in kind;
• How frequently remuneration will be paid;
• Any deductions to be made from the employee’s remuneration;
• The leave to which the employee is entitled;
• The period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate;
• A description of any council or sectorial determination which covers the employer’s business;
• Any period of employment with a previous employer that counts towards the employee’s period of employment; and
• A list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the employee where a copy of each may be obtained.

Minimum wage

There is no minimum wage or salary specifically prescribed for the employment of children.

If the child is employed in an industry or sector, which is regulated by a sectoral determination or regulation prescribing minimum wages the child will be entitled to those legislated wages.

Payslips

Section 33 of the Basic Conditions of Employment Act provides that an employee working more than 24 hours a month for an employer must be supplied with a payslip on each day that the employee is paid. For example if a person get paid weekly they must receive a weekly payslip. The payslip must contain the following:

• The employer’s name and address;
• The employee’s name and occupation;
• The period for which the payment is made;
• The employee’s remuneration in money;
• The amount and purpose of any deduction made from the remuneration;
• The actual amount paid to the employee; and
• If relevant to the calculation of that employee’s remuneration –

• The employee’s rate of remuneration and overtime rate;
• The number of ordinary and overtime hours worked by the employee during the period for which the payment is made;
• The number of hours worked by the employee on a Sunday or public holiday during that period; and
• If an agreement to average working time has been concluded in terms of section 12, the total number of ordinary and overtime hours worked by the employee in the period of averaging.

Deductions

Section 34 of the Basic Conditions of Employment Act regulates deductions from the remuneration of an employee who works more than 24 hours for an employer. Under this section an employer may only make a deduction from remuneration if:

1. the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award; or

2. the employee in writing agrees to the deduction in respect of a debt specified in the agreement.

• Where the agreed deduction is to reimburse an employer for loss or damage, the employer may only make the deduction if:
  • the loss or damage occurred in the course of employment and was due to the fault of the employee;
  • the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deduction should not be made;
  • the total amount of the debt does not exceed the actual amount of the loss damage or damage; and
  • the total deductions from the employee’s remuneration do not exceed one-quarter of the employee’s remuneration in money.
•  Where the agreed deduction is in respect of any goods purchased by the employee the agreement must specify the nature and quantity of the goods.

Tax deducted 
The child will be subject to the normal income laws which means he/she will be taxed in the same way adults are taxed