Children working
employment; work; laws; selling; supervision; safety; job. ;
Contents
Most parents are keen for their children to find employment once they have left school, and many are willing for their children to do casual work while they are still at school. Some young people are in full time work before they are eighteen but it is not unusual for children of compulsory school age (under 16 years in South Australia) to be involved in paid work at some point.
Children may work to earn pocket money or because they are interested in a particular activity or career. Sometimes they work because the family needs help with the family business or because it will add to the family income. Sometimes parents think it will help their children be better prepared for work when they are older.
Whatever the age of your child, it can be useful for you to be aware of what the law says about children working and to think about other things that might affect your child.
In South Australia a child is a person under the age of 18 years.
What sort of work do children do?
Children are employed in a range of activities, casual, part time and full-time work, including:
- family businesses such as shops, canteens, markets, farms
- babysitting, gardening, and car washing for family, neighbours and friends.
- newspaper delivery
- collecting newspaper accounts
- letterboxing
- door to door selling (eg sweets)
- supermarkets, local shops and fast food outlets
- 'outwork' (that is, work done outside of a factory setting, often in the home) for a variety of industries including clothing
- service stations
- modelling
- performing arts (including film, television, theatre)
- apprenticeships
What does the law say?
In South Australia there are several laws controlling children working.
- The Education Act 1972 says that it is against the law for anybody, including a parent, to let children of compulsory school age (under 16 years) be employed when they are supposed to be at school. Children are not allowed to be employed outside of school hours if the job they are doing somehow interferes with their school work. For example, if a child has to get up at 4 o'clock in the morning to help with market gardening, or has to work till 10 o'clock at night sewing clothing, he would probably be too tired to concentrate properly at school.
- The Minister for Education has to give permission for a child to be involved in work if it might interfere with schooling. The Minister has the right to ask for a medical certificate to be provided to show that your child is fit to be employed. This means that you need to ask your child's teacher or the principal how to get consent.
- People who employ children in jobs that prevent them from attending school may be fined.
- Children are not allowed to work in particularly dangerous jobs. The Mines and Works Inspection Act 1920, for example, prohibits the employment of anybody under 18 years of age from working in underground mines. Children under 18 years are not allowed to dispense LP gas, while children under 15 years of age may not operate a petrol pump. Each industry is covered by law and by working Awards. You can get detailed advice on this from Workplace Services.
- A young person can apply for a trade with the Defence Force from 16 years and 9 months. To join under 18 years, parents' consent is required.
- The law protects all children under 16 years of age from being involved in any behaviour that is indecent or requires the exposure of any part of the body for another person's indecent interest. Examples of this include topless waiters and strip tease. The Criminal Law Consolidation Act 1935 says this is punishable by imprisonment.
- All other laws that apply to adult workers, such as occupational health and safety laws, apply just the same to child workers. Children, as employees, have the right to be safe at work.
Door to door selling
The Retail Industry SA Award outlines the employment and supervision of children in door to door sales. Contact the Office of the Employee Ombudsmen (08) 8207 1970 for more details.
- Some things you need to know:
- Under this award a 'child' is a person 15 years or under.
- 'Employ' means for a fee or reward. Excluded from this is any group or individual collecting money or making sales without fee, reward or commission and doing so only for authorised charities or non profit organisations.
- the minimum age must be al least 14 years.
- Evidence of the child's age must be sighted.
- Working hours must not be:
- for more than 6 hours on any one day
- for more than 5 days in any period of 7 days
- on any day after sunset or 6pm whichever is the earliest.
- The child while working must:
- have identification badge or distinctive clothing
- be supervised by a person who is at least 18 years old
- be accompanied by a parent or legal guardian or a person at least 18 years old with written authority by parent or guardian - this can be the same person as above
- have a supervisor who does not supervise more than 5 children at the same time
- have contact with the supervisor at intervals of not more than 20 minutes
- not be expected to enter a motor vehicle or a building that is a private dwelling to make a sale
- not have more than $20 cash in possession at any time while working.
If your child is older than the award age be sure to consider the following:
- how many hours will my child be expected to work?
- how much will my child get paid?
- how many breaks does my child get and for how long?
- will my child be supervised and if so how?
- how will my child get food and drink?
- where can my child go to the toilet?
- what will happen if my child gets ill while working?
- how far will my child be from home?
- is my child nature enough to deal with situations that he may come across outside of his experience? (You do not want your child facing the risk of being assaulted, robbed or abused.)
Newspaper and delivery/letterboxing
If your child is delivering as with door to door sales, it is important to think about your child's safety. Ask yourself the questions above and these as well:
- will my child be supervised and in what way?
- does my child know the route?
- is my child familiar with traffic safety rules?
- is my child's bike safe and is the helmet in good condition? (The law says your child must wear a helmet).
Lotteries
- The law (Lottery and Gaming Regulations 1993) does not allow children under 16 years to sell lottery tickets unless they are under the supervision of an adult.
- This law also says that lottery tickets cannot be sold later than 8 pm or sunset, whichever is first.
Child actors
- Acting in movies, television, advertisements and on the stage might seem like fun, but there is a lot of hard work involved.
- Children can spend long hours at work, often having to wait for lengthy periods to do their part.
- Work outdoors in the heat or cold, or with animals or with special effects can all add up to a dangerous or an uncomfortable work situation.
Children on farms
- Children who live or work on farms - or even visit them - can be exposed to a great number of risks.
- About a quarter of all fatal farm accidents involve children, while a number of other children have been badly hurt.
- If your child is involved in farm work, or lives on a farm it's a good idea to look at the topic Farm safety.
Children up to 18 years
International standards related to the rights of workers aim to make sure that children who work are not abused, and that they have the opportunity to grow up as children before they become adult workers.
If you are a parent or employer of a child it is useful to consider the international standards that recommend the following:
- the minimum age for admission to employment that might risk the health, safety or morals of young people is not less than 18 years. However, such work may be permitted from 16 years if health, safety and morals are fully protected and if those concerned receive adequate instruction or vocational training.
- children (13-15 years) can be employed in light work, providing it is not harmful to health and development, and does not interfere with their attendance at school, or their capacity to benefit from instruction received.
No absolute minimum age is required for:
- work in relation to artistic performances
- children employed in family undertakings provided the work is not harmful, prejudicial or dangerous
- children who are pupils for vocational/technical education. Work done by children in this manner is part of their education, and is under the supervision of educational authorities. For work in industrial and other undertakings as part of vocational training, international standards recommend 14 years as the minimum age.
Children should not be involved in dangerous work, or work that might be harmful to their health or their physical, mental, spiritual, moral or social development.
What parents can do
Children mature at different rates and ages and have different talents and levels of enthusiasm. You need to take these things into account when deciding whether to allow your child to be involved in paid work.
For children under 16 years, work can be an educational and satisfying experience as well as providing them with their own income. It can be the beginning of important learning about the value of money, time management, different rules, getting on with others and the expectations of people outside of school and family.
Make sure work is balanced with play, exercise, rest and study commitments. Work shouldn't stop your child from enjoying being a child and developing normally. Work shouldn't become more important than school. Watch to make sure she isn't too tired to do homework.
Ask yourself the following questions.
- Will this work harm my child's health or development?
- Will this work interfere with my child's education or his capacity to benefit from the instruction provided?
- Will my child be safe?
- Does my child have the maturity to do this particular job?
- Will my child be paid fairly for work done?
- Does my child want to do this work?
- Am I satisfied that the child's employer or supervisor will treat my child fairly?
- Do I know about my child's rights at work or the laws to protect her?
Before your child begins make sure you are both clear and in agreement about what will happen with the money received from working. For instance, can she do what she likes with all the money or only part? Does she have to bank some? Does she have to buy certain things with it? Each family will have different ways of dealing with this.
It may be wise to agree with your child that there should be a 'trial period' so that you can both measure the advantages and disadvantages.
Discuss with your child (if he decides to work)
- Will there be training in how to do the job safely? (Young people are more likely to be injured in the first few days of starting a new job.)
- What is the minimum wage for the type of work?
- How will he be paid? Some work places want to pay in cash and there may be no record of the hours your child has worked (for taxation purposes). This may be illegal and may teach your child that breaking the law is OK.
- How will he get to and from work and will this include catching public transport or working late at night?
- Is he aware of issues such as workplace cover and sexual harassment and what to do about it?
- As your child begins a new job, keep in touch with him about how he is finding it and help him talk about what he is required to deal with. (You may be able to help him handle issues which arise with suggestions from your own work experiences).
- Will there be training in how to do the job safely? (Young people are more likely to be injured in the first few days of starting a new job.)
- What is the minimum wage for the type of work?
- How will he be paid? Some work places want to pay in cash and there may be no record of the hours your child has worked (for taxation purposes). This may be illegal and may teach your child that breaking the law is OK.
- How will he get to and from work and will this include catching public transport or working late at night?
- Is he aware of issues such as workplace cover and sexual harassment and what to do about it?
- As your child begins a new job, keep in touch with him about how he is finding it and help him talk about what he is required to deal with. (You may be able to help him handle issues which arise with suggestions from your own work experiences).
Reminders
- Children need time for play, exercise and rest. Don't let work prevent your child from having the time and opportunity to enjoy being a child.
- Make sure working hours are balanced with your child's educational, developmental and recreational needs.
- Don't let work become more important than school. Leaving school too soon, or not doing well at school, can spoil your child's chances for good, steady employment later.
- Sort out with your child before work begins, what will happen with the money.
- Protect your child from being exploited. It is unlikely that your child will know about his rights at work, or the laws that are in place to protect him. If you don't know, find out.
- You are responsible for making reasonable decisions for your child. If you have any doubts about how your child is being treated in the work place, talk to the Employee Ombudsman.
Resources
South Australia
Workplace Services: Safe Work SA 1300 365 255
http://www.safework.sa.gov.au/
WorkCover SA
telephone: 13 18 55
www.workcover.com
Employee Ombudsman
telephone: 8207 1970
www.oeo.sa.gov.au
The National Children's and Youth Law Centre - SA section
http://www.lawstuff.org.au/home.asp?state=sa
If you're concerned about the impact - or legality - or your child's employment, people from the following professions should be able answer some, if not all, of your questions:
- student counsellors and career advisors at school
- social workers
- the Legal Services Commission
( www.lsc.sa.gov.au )
- the relevant trade union - check United Trades and Labour Council - www.utlc.org.au .
For legislation - www.parliament.sa.gov.au
Child and Youth Health Parent Helpline, any time, any day
telephone: 1300 364 100.
Australia
Kids Helpline 1800 55 1800
http://www.kidshelp.com.au
For statistical and academic information on children working see the Australian Bureau of Statistics - www.abs.gov.au .
Written in partnership
Child and Youth Health - Parenting SA
Related Parent Easy Guide (Parenting SA website - PDF format)
The information on this site should not be used as an alternative to professional care. If you have a particular problem, see a doctor, or ring the Parent Helpline on 1300 364 100 (local call cost from anywhere in South Australia).
This topic may use 'he' and 'she' in turn - please change to suit your
child's sex.