Employment (Employment of Children) Regulations, 2012

Date of promulgation: 

20 April 2012

STATUTORY INSTRUMENTS

SUPPLEMENT No. 11                                                                                  20th April, 2012

STATUTORY INSTRUMENTS SUPPLEMENT

to The Uganda Gazette No. 21 Volume CIV dated 20th April, 2012 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS 2012 No. 17.

THE EMPLOYMENT (EMPLOYMENT OF CHILDREN) REGULATIONS,

2012.

ARRANGEMENT OF REGULATIONS.

Regulation

Part I—Preliminary.

  1. Title.
  2. Interpretation.

Part II—Restrictions on Employment of Children.

  1. Employment of children.
  2. Activities that may be considered to be light.
  3. Unsuitable and hazardous work.
  4. Designation of the national list of hazardous work.
  5. Employers to display list of hazardous work.
  6. Apprenticeship.
  7. Permits for apprenticeship programmes and artistic performances.
  8. Hours of work.
  9. Overtime.
  10. Night work.
  11. Medical examination.
  12. Authorisation by the Commissioner.
  13. Register.
  14. Duties of a labour officer.
  15. Procedure for settlement of complaints by a labour officer.
  16. Appeal to the Industrial Court.
  17. Penalties.

List of hazardous occupations and activities not permitted for employment of children.

Text Box: First Schedule
Second Schedule
Third Schedule
Fourth Schedule Fifth Schedule
Application for permit for apprenticeship programmes and artistic performances.

Permit for apprenticeship programmes and artistic performances.

Medical certificate.

Register of employment of young person.


STATUTORY INSTRUMENTS 2012 No. 17.

The Employment (Employment of Children) Regulations, 2012.

(Under sections 32, and 97 of the Employment Act, 2006, Act No.6 of2006)

In exercise of the powers conferred upon the Minister responsible for labour by sections 32, and 97 of the Employment Act, 2006 these Regulations are made this 28th day of April, 2011.

Part I—Preliminary

  1. Title.

These Regulations may be cited as the Employment (Employment of Children) Regulations, 2012.

  1. Interpretation.

In these Regulations, unless the context otherwise requires—

“Act” means the Employment Act, 2006, Act No. 6 of 2006;

“child” means a person below the age of eighteen years;

“hazardous work” means work, which by its nature or circumstances in which it is performed, is likely to harm the health, safety or morals of a child and includes circumstances where—

  1. a child is exposed to dangerous machinery, equipment and tools;
  2. a child carries heavy loads beyond their capacity;
  3. a child works in unhealthy environments that expose them to hazardous substances, infectious diseases, excessive noise, temperature or vibrations;
  4. a child is exposed to harassment or physical, psychological or sexual abuse;
  5. a child works underground, in water, or at heights;
  6. a child is unreasonably confined to the premises of the employers; or
  7. a child works under strenuous conditions such as work for long hours;

“light work” means work, which is—

  1. not harmful to a child’s health;
  2. not harmful to a child’s development;
  3. not prejudicial to a child’s attendance at school;
  4. not prejudicial to a child’s participation in vocational training; and
  5. not in excess of fourteen hours per week;

“the worst forms of child labour” means—

  1. all forms of slavery or practices similar to slavery, such as the sale and trafficking of a child, debt bondage, serfdom, forced or compulsory labour, including—
  1. a child who works to pay off a loan or other obligation incurred by the family;
  2. a child trafficked by organised networks, bought and sold within and across national borders;

(ii) a child trafficked for prostitution, begging, soliciting and for work in places such as construction sites, shops, factories and domestic service; and

(iv) a child being forced to participate in armed conflicts and hostilities;

  1. the use, procurement or offering of a child for prostitution, production of pornography or pornographic performances and the use of the internet to spread child pornography;
  2. the use, procurement or offering of a child for illicit activities, including the production and trafficking of drugs; and
  3. work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of a child.

Part II—Restrictions on Employment of Child.

  1. Employment of child.

A child under the age of fourteen years shall not be employed in any

business undertaking or workplace, except—

  1. for light work carried out under the supervision of an adult;

and

  1. where the work does not exceed fourteen hours per week.
  1. Activities that may be considered to be light.

Activities that may be considered to be light include—

(a)

sewing;

(b)

attending to and serving guests;

(c)

sweeping, cleaning the floor and organising the house;

(d)

cleaning and polishing shoes;

(e)

washing clothes;

(f)

cleaning places where animals are kept;

(g)

making purchases in the market or shops;

(h)

looking for firewood;

(i)

cleaning the toilet and bathroom;

(j)

helping out in the garden; and

(k)

preparing family meals.

 

 

  1. Unsuitable and hazardous work.

A child shall not be employed to do work which is injurious, dangerous, hazardous or in the worst forms of child labour.

  1. The national list of hazardous work.

The list prescribed in the First Schedule shall be the designated list of hazardous work not permitted for employment of a child.

  1. Employers to display list of hazardous work not permitted for employment of a child.

All employers shall display the national list of hazardous work not permitted for employment of a child at their premises.

  1. Apprenticeship.

A child from the age of twelve to seventeen years engaged in educational training and apprenticeship programmes which are on the list of harzadous work shall first be approved by a Commissioner before they can take part in such work.

  1. Permits for apprenticeship programmes and artistic performances.
  1. An employer who wishes to engage a child in an apprenticeship or artistic performance shall apply to the Commissioner in the form prescribed in the Second Schedule.
  2. The Labour Commissioner shall issue permits restricting the age, number of hours of work and conditions in which work in apprenticeship and artistic performances is allowed as prescribed in the Third Schedule.
  1. Hours of Work.

A child aged between fifteen and eighteen years who has completed his or her education or does not attend school, may work up to seven hours a day but shall not exceed thirty five hours per week.

  1. Overtime.

overtime work is prohibited for a child aged between fifteen to seventeen years.

  1. Night work.

A child shall not be employed at night between the hours of 7.00.p.m and 7.00 a.m.

  1. Medical examination.
  1. A child shall undergo a medical examination before engaging in any job.
  2. The medical examination shall be done after every six months.
  3. A child who undergoes a medical examination under subregulation (1) shall be issued with a medical certificate in the form prescribed in the Fourth Schedule.
  1. Authorisation by the Commissioner.
  1. An employer shall before engaging a child aged between fifteen to seventeen years in employment, obtain authorisation from the Commissioner.
  2. The Commissioner shall before granting authorisation in subregulation (1) verify—
  1. age of the child;
  2. parental permission;
  3. prior instruction and training in the job the child is to be

engaged in;

  1. availability and use of protective clothing; and
  2. a medical certificate.
  1. Register.

An employer engaging a child between the age of fifteen to seventeen years in employment shall keep a register in the form prescribed in the Fifth Schedule.

  1. Duties of a labour officer.
  1. A labour officer in exercising the powers prescribed for in sections 10 and 11 of the Act shall notify an employer who is found employing child in dangerous and unsuitable work to discontinue that employment.
  2. A labour officer shall ensure that the list of hazardous work not permitted for employment of child is displayed by all employers at their premises.
  3. A labour officer shall prepare a quarterly report on employment of children and young persons and submit it to the Commissioner for labour and shall give a copy to the Chief Administrative Officer of the district.
  1. Procedure for settlement of complaints by a labour officer.
  1. A complaint concerning employment of a child in dangerous, exploitative and harmful work shall be lodged with the labour officer.
  2. The settlement of the complaint shall follow the same procedure as provided for under the Employment Regulations 2012.
  1. Appeal to the Industrial Court.

An appeal to the Industrial Court concerning employment of a child in unsuitable, harmful or exploitative work shall follow the same procedure as provided for in the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.

  1. Offence and penalty.

A person who obstructs a labour officer in the exercise of the power conferred by these Regulations commits an offence and is liable on conviction to a fine not exceeding six currency points or imprisonment not exceeding three months or both.


FIRST SCHEDULE                                                    a i H a

Text Box: 553Regulation 6

List of hazardous occupations and activities not permitted for employment of children

Industrial

Sectors

Sub sector

Age

Activities

Hazards

Possible

consequences1

Ag lie li It li re

Tobacco

Children in the age group 12-14

Children in the age group 15-17

Preparing land, growing, planting

Harvesting and mar­keting of tobacco

Long hours of work (more than fourteen hours a week)

Exposure to tobacco fumes

Fatigue

Respiratory

diseases

 

Tea

All children below the age of 18

Growing of tea Harvesting of tea

Exposure to pesticides

Long hours of work (more than forty three hours a week)

Carrying heavy loads (twenty five kilogrammes)

Long term health

problems

Fatigue

Musculoskeletal

injuries

 

Rice

All children below the age of 18

Preparing land, growing, planting, harvesting and marketing rice

Long hours of work (more than forty three hours a week)

Cold Temperatoes Working without protective devices

Carrying heavy loads (twenty five kilogrammes)

Fatigue

Exposure to poisonous snakes Water diseases

Musculoskeletal

injuries

 
 

'Any other activities that may deny children the right to education by preventing their attendance at school are considered harmful (Section32 (2) of the Employment Act, 2006, Act No. 6 of 2006) Consequences of denial of education might include limited cognitive development, lack of basic literacy/numeracy skills, and limited opportunities for future productive employment.

 

 


 

Sugar Cane

All children below 18

Growing, planting, and harvesting sugar cane

Transporting sugar cane

Using dangerous tools and machinery

Working as tumey boys for tractors

Cuts and wounds

Deaths and fractures of limbs

 

Maize milling

All children below 18

Grinding, processing and marketing maize

Noise and vibration Exposure to dust

Long hours of work( forty three hours a week)

Exposure to extreme temperatures Heavy loads (twenty five kilo­grammes)

Loss of hearing Respiratory diseases

Fatigue

Musculoskeletal

injuries

 

Subsistence

farming

Children in the age group 12-14

 

Long hours (more than fourteen hours a week)

Carrying heavy loads (twenty five kilogrammes)

Fatigue

 

Animal herding

Children in the age group 12-14

Looking after cattle and other animals

Animal attacks

Long hours (more than fourteen hours)

Isolation

Fatigue

Psychological stress Injury from animal attack

 

Fishing

Children in the age group 12-14

All Children below 18

Smoking fish

Paddling boats/canoes Loading boats/canoes Fishing

Exposure to fumes and smoke Exposure to fire

Long hours (more than forty three hours per week)

Work at night

Bums

Death from drowning Water-borne diseases Fatigue

 

Text Box: 554


 

Domestic work

 

Children in the age group 12-14

Cooking with fire Washing Cars Child minding Laundry Work

Handling sharp instruments Working with machinery and tools

Working long hours (more than fourteen hours per day) Isolated from family Exposure to fire and hot objects

Sexual harassment/abuse Inadequate food Heavy Loads (twenty five kilogrammes)

Cuts and wounds Fatigue

Emotional/psycho­logical stress or trauma Unwanted pregnancies Risk of contracting HIV/AIDS Stunted physical development Musculoskeletal injuries

Construction

Baking Bricks

Building and road works

Children in the age group 12-14

All children below the age of 18

Brick making

Working as Porters

Operating lifting machine driven by mechanical power

Giving signals to the operator of such machine

Exposure to dust, fire and excessive heat Working long hours (more than fourteen hours a week) Carrying heavy loads (twenty five kilogrammes)

Dangerous Heights and depths Exposure to displacement of loads

Respiratory diseases and Bums

Fatigue

Musculoskeletal

injury

Cuts and wounds

Falls and death Accidents

 

Text Box: 555


 

Mining

Stone and Sand Quarries

All children below the age of 18

Sand harvesting

Crushing stones at quarries

Working long hours (more than forty three hours per week)

Carrying heavy loads (twenty five kilo­grammes)

Exposure to dust Falling rocks or objects Excessive noise/vibration Working at excavations Working at heights or below ground

Fatigue

Musculoskeletal

injury

Cuts and wounds

Respiratory diseases Accidents

Loss of hearing Deaths

Urban informal sector

Market

Street Activities

Motor Garages and Metal work

All children below the age of 18

Cleaning toilets and sewage in markets

Hawking Street vending Begging Scavenging

Engine repairs Welding

Grinding of metals or articles

Cutting of metals

Unsanitary conditions

Exposure to physical and sexual abuse Exposure to drugs, fuel Traffic accidents Working long hours (forty three hours per week) Working at night

Handling electrical apparatus Working without protective gear/goggles Exposure to chemicals Exposure to glare

Cuts and wounds

Emotional/psycho­logical stress Drug addiction Injuries Fatigue

Loss of self-esteem

Accidents, death Chest diseases Eye injuries

Cuts

 

Text Box: 556


 

 

Carpentry

Workshops

 

Carrying, cutting and treatment of wood Making furniture

Heavy loads (twenty five kilogrammes)

Exposure to unprotected machinery Handling of dangerous tools

Musculoskeletal

injury

Entertainment

Hotels/bars/res taurants Casinos Video parlours

Wedding Ceremonies (for commer­cial purposes)

All children below the age of 18

Children in the age group 12-14

Waitresses and attendants

Dancers

Sexual harassment/abuse Long hours (more than forty three hours per week) Work at night

Emotional/psycho­logical stress Sexually transmitted diseases (including HIV/AIDS)

Cuts and wounds Impaired moral development Loss of dignity/ self-esteem

 

Text Box: 557


Regulation 9(1)

APPLICATION FOR PERMIT FOR APPRENTICESHIP PROGRAMMES AND ARTISTIC PERFORMANCES

LABOUR COMMISSIONER

I (We) ............................................  located at ............................  wish to

apply for a permit for apprenticeship / artistic performances for the attached list of children[1] who are undergoing training/ participating in artistic performance to learn an occupation for         (months)

Name, Address and Telephone

Signature

Date

Regulation 9(2)

(SEAL)

PERMIT FOR APPRENTICESHIP PROGRAMMES AND ARTISTIC

PERFORMANCES

To: .................................

........................................... located at .....................................  is hereby

authorized to carry out apprenticeship programmes/artistic performances for the listed categories of children.

This permit shall be subject to restrictions and prescribed conditions as stipulated in the Regulations for Employment of Children

Dated this............. day of.................................... , 20.............

COMMISSIONER FOR LABOUR


Regulation 13(3)

MEDICAL CERTIFICATE

I .....................................  certify that I have this .......................  day of

...................... 20....... medically examined the employee(s) named in the

attached list and have found him/her/them free from infectious or contagious diseases and medically fit to proceed to work as

............................................ (as specified opposite his/her/their name(s) and

numbers.

Medical Officer

Date

Name of Prospective Employee

Age

Sex

Prospective

Employer

Nature of Work

Date of Engagement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Regulation 15

Text Box: 562REGISTER OF EMPLOYMENT OF YOUNG PERSONS

Name of child

Name of the parents

Date of birth/age

Sex

Home

address

Nature of work and pay

Name of employer

Location and address of employer

Work

schedule

School

attended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


GABRIEL OPIO,

Minister of Gender, Labour and Social Development.



[1]

The list of children should be made in a matrix showing the age, gender, date of engagement, occupation, trade, expected completion, work schedule, names of the parent and home address.