4.2. Child Labour
It is strictly forbidden to employ children at the production sites. National regulations for the
protection of young employees shall be fulfilled.
ILO Convention 138 stipulates that the minimum age for employment is 15 years, although
there is an exception (Article 7) for some emerging economies that allows employment at the
age of 14. Otherwise, the national laws in the respective country of production are to be
observed. As a rule, the more stringent regulations are to be applied. This means that where
the laws require a higher minimum age, this is the standard which will be audited. The basis
for the employee’s age is the actual date of birth and not local methods of calculating age,
such as the Chinese calendar, for example.
Young employees, who are employees between 15 and 18 in most countries, enjoy special
protection. National laws for this group must be observed. They e.g. regulate the areas in
which young employees may work, how many hours they can work daily and that they are
not be used in areas that could represent a danger to their physical or mental development.
The following points in particular are checked during the audit:
- All employees must at least meet the minimum age required by law. Proof of age is to
be provided in the form of e.g. an ID card, birth certificate or medical documents.
Management shall check the age proof carefully. Unfortunately it is common in many
countries to create fake ID cards to obtain fraudulent access to factories.
- Young employees are employees who have reached the minimum legal age, but are
not yet legal adults. The protection of young employees includes regulations on work
hours, health care, work safety and work in dangerous places. In every case the
employer must ensure that the development of the youth is not compromised.
- When the employment of young employees who are subject to compulsory schooling
is permitted, special protective regulations apply to them. They e.g. may not work
during school hours. They also may not be away from home for more than 10 hours
per day, which includes the journey to and from school/ work, the hours in school and
the hours at work.
- Often there are also special regulations for trainees and interns. These e.g. concern
training programmes, theoretical classes, work hours and compensation.
In the event that illegal child labour is discovered in a production facility, the manufacturer will
bear particular responsibility for these children. This even applies if the employer was not
aware that he/she hired a child as employee.
Besides compliance with the applicable international and local laws, the following measures
are to be taken in the event of child labour:
1. The child must be immediately released from the work.
2. The free job resulting from this is to be offered to a family member who has reached
the legal minimum age. Alternatively, the family of the child shall receive
compensation for the loss of income until the child has reached the age to work.
3. The manufacturer is responsible for initiating and financing appropriate steps to
reintegrate the child in the environment of children. A children’s help organisation or
other experts should be consulted if needed.
4. The manufacturer has to ensure the child’s schooling until the end of her/his
compulsory education. If the compulsory education ends before the minimum legal
age is reached, then the child shall be supported until the legal working age.
5. After concluding