- Legal action in case of exploitation: NCPA
- Practically impossible: Student
- Students might quit school: Parent
By Sarah Hannan
It is an unspoken truth that Sri Lanka has a considerable child labour force, which expanded following the dip in our economy caused by the prolonged lockdowns due to Covid-19 and then the sociopolitical instability the country has been facing.
In yet another initiative to improve economic stability, the Government revisited the idea of allowing those aged 16 and above to seek part-time employment to ease the burden placed on parents and guardians.
The move was passed as an Act in 2021 with the amendment of the minimum age of working from 14 to 16 and is part of the Labour Law Act that is being drafted to collate all labour-related laws into one legal document.
So where do Sri Lanka’s child labour laws stand? What efforts does the country have in place to ensure the safety of children who seek employment?
We do not have to look too far into the past for the long-standing laws or acts on allowing, or rather forcing, children to work. Prior to January 2021, the minimum age for children permitted to work was 14 years of age, as stated in the Employment of Women, Young Persons, and Children Act No. 47 of 1956. However, a special Act (Employment of Women, Young Persons, and Children Act No. 2 of 2021) with regard to child labour was passed, increasing the minimum age to 16 years.
According to the National Child Protection Authority (NCPA), children in this age group can be employed in jobs that are identified to be safe for children and will not become a hazard to their lives, health, and education. In fact, children’s moral development should be fostered.
Under this Act, children cannot engage in night work and the NCPA has the right to take legal action under criminal law against parents and intermediaries who use children for activities such as begging, street vending, drug and liquor trade, circuses, entertainment activities for monetary benefits and prostitution, and for using children for commercial activities via the cyberspace.
Child safety is paramount
To get a student’s perspective on the initiative, The Sunday Morning spoke to Abhishek (name changed) who attends a popular semi-Government school in the suburbs.
Abhishek, as a student attending the upper school and who is involved in many of the school’s extracurricular activities, said: “I have a very busy schedule. My day starts at 4 a.m. and I get to school by 5 a.m. for swimming squad practices; then I stand in for prefect duties before school commences and during assembly.
“Sometimes I have to miss my lessons because I am involved in various activities, which keep me out of the classroom. After school, I practise basketball, choir, and drama. When I get back home it is almost 10 p.m., so doing part-time work even for three to four hours a day would be impossible. I also have to attend tuition classes for the lessons that I miss during the school week.”
Echoing Abhishek’s sentiments, A. Azeez, a parent whose child is preparing to sit for the GCE A/L examination in the coming months, noted: “The 16-18-year-olds who start work would have to give up studies or sitting for the GCE O/L and A/L exams. The current course material, curriculum workload, and extra tuition will not allow for work and study.”
She stated that although in principle it appeared to be a good initiative, unscrupulous employers would use the laws to their advantage and possibly exploit child employees. “I think they would have to introduce laws to protect children from exploitation. As it is, children face unsafe environments and situations on a day-to-day basis. For example, on the plantations, many are sent as domestic workers when they are very young,” Azeez observed.
She noted that from her personal observations, there were no job opportunities even for older people in rural areas of Sri Lanka. “This means that these kids will probably migrate to the towns and end up working in small shops and factories. It is unlikely that they will earn enough to live on and will probably end up in urban slums or their parents will have to send money for boarding fees, etc.”
Even for young adults in their early 20s, parents who live in the suburbs have to send money for their children who work in Colombo. “What these kids earn is not enough to cover boarding fees, food, and transport, especially with the soaring cost of living at present,” Azeez noted.
Look at the positives
Meanwhile, Educationist Dr. Sujata Gamage said: “We need to welcome these initiatives that the Government is taking instead of always focusing on the negatives. Although many of the education trade union leaders are opposing this move to allow 16-18-year-olds to work, we should look at the positives of such opportunities. Having said that, it is equally important to have proper regulations for allowing children of this age group to work as interns or apprentices in organisations and industries that are recognised as safe work environments for children.”
Echoing Dr. Gamage’s sentiments, S. Yusuf, a parent, noted: “This is a good idea. As long as there are stipulated hours of work communicated, mandatory sick/annual leave, and children who opt to work are paid minimum wages governed by law, this could help children understand how they should manage their finances without relying solely on their parents or guardians.”
Meanwhile, H.A. Cader, another parent, explained to The Sunday Morning: “It is important that minors are educated about their rights and are provided sufficient awareness on how to report incidents of exploitation or verbal/physical/online abuse that they could face in the workplace. In this manner, the opportunity that is given to integrate into the work environment can provide them with knowledge of employee rights in the workplace.”
Increase in unlawful child labour
Given the instability of Sri Lanka’s economy, underage children appear to have returned to the streets along with their parents. J. Perera, a tech startup owner, shared his observations: “We are at a stage where the Government should focus more on children’s education and their nutrition and maybe teach them about careers, entrepreneurship, provide them with business and financial expertise, and maybe open up more doors for the youth for after-school activities. They have to outline clear criteria and define them to make sure it will not result in child labour, which can lead to many crises and crimes. I do not agree with this idea 100%.”
Perera pointed out that the intention behind introducing this opportunity to add 16-18-year-olds to the workforce was not a sincere effort by the Government. The move is to expand the workforce and increase the country’s taxpayers. Unlike how internships or apprenticeships work in other countries, Sri Lanka is yet to showcase that a safe environment has been created for children to even survive the ongoing economic hardships that have already affected their access to free education.
Regulations in place
Minimum age for employment
- According to the Factories Ordinance, normal working hours for workers between 16-18 years should not be more than 12 hours per day. They are not allowed to work between 6 p.m. to 6 a.m. The maximum number of working hours, including overtime, is 60 hours per week.
- The Mines and Minerals Law No. 4 of 1973 prohibit young persons of less than 16 years of age from working underground in any mine. Young workers between 16-18 years of age are permitted to work in a mine if they meet the conditions of fitness and criteria listed in the Hazardous Occupations Regulations 2010 issued by the Ministry of Labour.
- The Shop and Office Employees Act prohibits the employment of children under the age of 14 years in a shop or office. The Act further states that male children, between the ages of 14 and 18 years, cannot be employed before 6 a.m. or after 6 p.m. except in certain specified types of employment.
- The penalty for violation of the Employment of Women, Young Persons, and Children Act depends on the offence committed. The fines imposed range from Rs. 5,000 to Rs. 10,000 and imprisonment of at least 12 months or both fine and imprisonment in certain circumstances.
Minimum age for hazardous work
- Employment of young persons under the age of 18 years is prohibited.
- Employment of young people is prohibited at night.
- The Government has a hazardous work activities list that includes the 51 occupations and/or working conditions in which employing children under the age of 18 years is prohibited. These include slaughtering of animals; manufacture or use of pesticides; production, transport, or sale of alcohol; work in liquor bars or casinos; manufacturing, transport, or sale of explosives; fishing in deep waters; mining or underground work; transportation of passengers or heavy goods; diving; and working at night between 8 p.m. and 6 a.m.
Regulations on minors and youth
- Shop and Office Employees (Regulation of Employment and Remuneration) Act, 1954
- Employment of Women, Young Persons, and Children Act, 1956
- Hazardous Occupations Regulations, 2010
Source: Salary.lk – Minors and Youth
