Section 95, The Employment Act, 2023

(1) A child under the age of 15 years shall not be employedto perform work in a workplace. (2) A child under the age of 18 years shall not be employed to perform work underground. (3) A child below the age of 18 years shall not be employed on night work or engaged for overtime work. (4) A child under the age of 18 years shall not work or be employed to perform any work that is likely to jeopardise his health, safety, physical, mental, spiritual, moral or social development, or to interfere with his education. (5) An employer shall not continue to employ such child after being notified in writing by the Commissioner that the employment or work is injurious to health, dangerous or otherwise unsuitable. (6) An employer shall keep a register of all children under the age of 18 years employed by him and of the dates of their birth. (7) The Minister shall, after consultation with the Joint Consultative Committee, by statutory instrument, specify- Child labour. 68 69 (a) further restrictions or conditions applicable to work which a child over the age of 15 years and under the age of 18 years may perform; (b) a higher minimum age of employment than any of those specified in subsections (1), (2) or (3); and (c) the exclusion from the application of subsections (1), (2) or (3) to a limited category of employment or work in respect of which special and substantial problems arise. (8) An arrangement or scheme employed in a workplace, the object or effect of which is to compel children under the age of 18 years to work for in the interests of an employer shall be deemed to constitute forced labour in contravention of subsection (1) of section 16. (9) Any person who employs a child or has a child perform work in breach of this section or any regulation made under it shall be guilty of an offence. (10) In any court proceedings arising under this section, it shall be the duty of the defendant to prove that he reasonably believed the person not to be below the permitted age.