S.L. 452.92 Art. 3Work by children.

(1) Subject to subregulation (2) and (3), no person shall employ a child unless the child has been granted written permission in terms of the provisions of the Education Act.

(2) An employer shall apply to the Director for written authorisation to employ a child in cultural, artistic, sports or advertising activities, and the Director may issue such authorisation, in individual cases, for the employment of a child in such activities: Provided that:

(a) the employer carries out a risk assessment, in terms of the General Provisions for Health and Safety at Workplaces Regulations, and any other relevant health and safety legislation which may be in force from time to time, in accordance with the same General Provisions for Health and Safety at Workplaces Regulations, which shows that such activities are not likely to be harmful to the safety, health or development of the child; and

(b) the Director of Education has no objection to the carrying out of such activities on the grounds that such work is not likely to have an adverse effect on the child’s attendance at school, or on his participation in vocational guidance or training programmes approved by the Minister responsible for education or by such other person duly authorised by the said Minister to act on his behalf, or on the capacity to benefit from the instruction received.

(3) Subregulation (1) shall not apply in respect of the employment of children who are at least:

(a) thirteen years of age and the employment is for the purposes of taking part in cultural, artistic, sports, advertising or educational activities, approved by the Minister responsible for education: Provided that the employer shall submit a written notification to the Director prior to employing such children and shall abide with the provisions of subregulation (4); or who are:

(b) fourteen years of age, if they are:

(i) working under a combined work/training scheme or an in-plant work-experience scheme approved by the Minister responsible for education: Provided that the employer shall submit written notification to the Director prior to employing such children; or

(ii) performing light work other than that covered by subregulations (2) and (3)(a): Provided that the employer shall seek written authorisation from the Director prior to employing such children.

(4) In issuing the authorisation referred to in subregulation (2), and in the cases referred to in subregulation (3)(a), the Director may, at his discretion, attach such conditions as the Director deems fit on any issue relating to the conditions of employment of children, including on working time, night work, rest periods, and breaks, and it shall be the duty of an employer of such a child to comply fully with these conditions: Provided that under no circumstance shall these conditions be less favourable than the conditions of work applicable to children referred to in subregulation (3)(b).

(5) The authorisation granted by the Director referred to in subregulation (2) and subregulation (4) may be withdrawn at any time, and any decision taken by the Director on any issue related to the employment of children and relating to the conditions of employment in this regard shall be final.