1.1.3. Child Labor
Child labor is defined as work performed by children, which interferes with a child’s right to health, growth, development and access to quality education.
Studies have shown that child labor can damage a child’s physical and psychological health in the long-term, and that this can negatively affect their chances for upward social mobility.
For on-shore work (aquaculture, fish farms, on-shore processing) the standard minimum age is 15 years old. Off-shore work requires a minimum age of 16 years old. These can be subject to change depending on the legal requirements of the country.
For migrant fishers, most states require that workers are at least 18 years of age. According to Article 9, ILO C188:
“The engagement of fishers under the age of 18 for work at night shall be prohibited. For the purpose of this Article, ‘night’ shall be defined in accordance with national law and practice. It shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. An exception to strict compliance with the night work restriction may be made by the competent authority when:
(a) the effective training of the fishers concerned, in accordance with established programmes and schedules, would be impaired; or
(b) the specific nature of the duty or a recognized training programme requires that fishers covered by the exception perform duties at night and the authority determines, after consultation, that the work will not have a detrimental impact on their health or well-being.”
Guidance
No evidence of hazardous child labor;
Children below the legal age of employment are not employed as waged workers;
Children below the legal age of employment work alongside family members only if this does not interfere with schooling, and on tasks which do not harm their health, safety or morals, and do not work at night;
There is a sectoral risk of child labor (e.g SSRT) but:
The fishery/farm has adopted a relevant policy to address this;
If child labor is found, the fishery implements a child labor remediation policy that ensures the best interests of the child and that the child does not end up in a worse form of employment;
The fisher/farm is taking measures to address the root causes (e.g. supporting educational programs, increasing adult wages).
The fishery/farm has adopted relevant policies and has systems to monitor its own performance.
Additional Information
Definitions
Hazardous Labor
Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children;
Work that exposes children to physical, psychological, or sexual abuse;
Work underground, under water, at dangerous heights, or in confined spaces;
Work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads;
Work under particularly difficult conditions such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer.
Policy Requirements
Child Labor Policy
The child labor policy should include formal and robust age-verification procedures to screen out risks related to child labor.
Ensure that the procedures include a response process in case an underage worker is discovered working at the site. The employer and any policies or programs created should follow existing local law.
This should also include procedures to assist employed underage children designed to provide for the welfare of the child.
Remediation Policy
If it is suspected that an underage worker is employed, immediate steps should be taken to verify the age of the individual against official documentary evidence.
A health examination should be conducted and appropriate actions should be taken.
Financial assistance for the completion of compulsory schooling should be provided until the child reaches the legal minimum age of employment
When the law allows, move underage workers to proper apprenticeship positions, with protective restrictions in place, instead of discharging or firing these workers.
Sample questions to guide you when assessing the Unit of Assessment against the standard
What is the minimum age among crew members/farmworkers/facility workers?
Does the company have a policy on minimum employment age or child labor?
For any worker below the age of 18, are there specific measures in place to ensure they are not engaged in hazardous work?
Do you feel the policy on child labor is effective? Please explain your answer.
Are there written procedures or remediation for instances when child labor may be found?
Applying What You Learned
Case Study Assessment
Instructions: Read the case study below and answer the questions that follow.
Adinda is 14 years old and has been working as a sawi (worker employed in blast fishing) since he was nine. He left school two years ago and comes from a fishing family; both his grandfather and father have worked in the sector. His parents felt that his only viable future would be as a sawi, as school past the elementary level would not be useful in the long term. Adinda stated that he shares this sentiment towards continued education.
Between the ages of nine and 12, Adinda worked after school to assist the sawi in preparing for their next fishing trip. At age 12, upon leaving school, Adinda began working as a diver. He was told he would be well-suited for this task because his young lungs would have better capacity.
Adinda stated that he is happy to have this job because he earns spending money for himself and because he helps support his family. He reported earning up to IDR 250,000 per fishing trip. He knows that his family has debt to the juragang (patron), but seemed unclear if some of his wages were going to pay the family debt.
Adinda is aware of the risks of diving, including paralysis, but stated that these risks were worth it to him for the opportunity to earn a living.