One of the Principle Codes speaks to preventing and remedying child labour when conducting SIZA social audits. One of the most critical elements to verify is the age of workers, especially to ensure compliance with laws on child labour and young workers and to ensure that businesses do not knowingly or unknowingly employ employees who are not allowed to work. South Africa governs this by the Basic Conditions of Employment Act (BCEA) and international standards such as the International Labour Organisation (ILO) conventions. Businesses must implement effective systems to ensure they do not break the law.
Some key elements to remember:
- Effective Recruitment Procedure
- Detailed Policy on Child Labour
- Training and Raising Awareness to Employees
- Grievance Processes and Remediation in Cases Where Child Labour is Found
- Monitoring and Evaluation
An effective Recruitment Procedure
One of the first and most effective ways of doing this is to ensure an effective recruitment procedure and process. Auditors will first examine the recruitment practices at a particular employment site. Businesses will need a policy and evidence of implementation to ensure that they hire individuals who meet the legal age requirements—determination 13. During audits, the auditor must evaluate whether recruitment procedures include checking proof of age for all new employees. The business will provide evidence that they request official documentation, such as a national ID card, birth certificate, or any other valid government-issued identification, to ensure age is verified effectively. If an employer hires minors without proper documentation or with fraudulent records, this could signify a violation of the law.
Policies
Together with the policy on effective recruitment, the business will most likely have a policy around the minimum employment age, either separately or as part of their recruitment process. This policy will outline whether the business will employ only adults (18 years or older), for example, as the work conditions require this. The auditor will evaluate whether the policy explicitly prohibits the use of child labour and outline the steps taken by the employer to prevent the hiring of underage workers, as well as what remediation steps will be taken in cases where child labour is found to be present. This policy must be known/visible to all employees, often through notices in local languages or during worker training sessions.
Raising Awareness through Induction, job description
In South Africa, no employer may employ someone younger than 15 years, regardless of whether paid or unpaid. If a worker is aged 15, 16, or 17, they are classified as young workers. The law furthermore provides limits to the work they are allowed to do in the workplace, especially in agriculture, as regulated by Sectoral Determination 13. Because of legal requirements, an employee’s Job Description can clearly indicate what kind of work is connected to what age group.
During Induction, especially where seasonal labour is concerned, emphasise what is allowed and what is not. Take time to explain to seasonal labourers the importance of valid documentation and the consequences if they falsify it.
Grievance Processes and Remediation in Cases Where Child Labour is Found
Auditors will assess whether the farm or facility has appropriate mechanisms for parties to report suspected child labour violations. During awareness and training sessions, it is good to mention that in cases where workers know about child labour or illegal practices, they can report it through the grievance processes on the farm. This will be a positive step towards protecting the workers and the employment site.
Monitoring
Effective monitoring is key to ensuring the implementation of child labour policies. Auditors will examine how the employer tracks and verifies workers’ ages. Is there a robust system for keeping employee records up-to-date? Are workers’ birthdates consistently checked when hiring, and are records stored securely?
For more information on these practices, please get in touch with the SIZA office at Tel 021 852 8184.
