PRINCIPLE FIVE

Businesses should uphold the effective abolition of child labour.

Child Labour

The term “child labour” should not be confused with “youth employment” or “student work.”  Child labour is a form of exploitation that is a violation of a human right.  It is recognized and defined by international instruments.  It is the declared policy of the international community and of almost all governments to abolish child labour.

Child labour has occurred at some point in time in virtually all parts of the world as nations have undergone different stages of development. It remains a serious issue today in many developing countries - although it also exists (more invisibly) in the developed, industrialized countries where it occurs for example in some immigrant communities.

Child labour is work that is damaging to a child’s physical, social, mental, psychological and spiritual development because it is work performed at too early an age.  Child labour deprives children of their childhood and their dignity They are deprived of an education and may be separated from their families. Children who do not complete their primary education are likely to remain illiterate and never acquire the skills needed to get a job and contribute to the development of a modern economy. Consequently child labour results in  under-skilled, unqualified workers and jeopardizes future improvements of skills in the workforce.

Children have the same human rights as adults, but by virtue of their age and the fact that they are still growing and gaining knowledge and experience, children have some distinct rights as children. These rights include protection from economic exploitation and work that may be dangerous to their health or morals and that may hinder their development or impede their access to education. The complexity of the issue of child labour means that companies need to address the issue sensitively, and not take action which may force working children into more exploitative forms of work. Nevertheless, as Principle 5 states, the goal of all companies should be the abolition of child labour within their sphere of influence.

Association with child labour will likely damage a company's reputation. This is especially true in the case of transnational companies who have extensive supply and service chains, where the economic exploitation of children, even by a business partner, can damage a brand image and have strong repercussions on profit and stock value.

Definitions

While the term "child" covers all girls and boys under 18 years of age, it does not mean that all "under-18’s" must be removed from work: the basic rules under international standards distinguish what constitutes acceptable or unacceptable work for children at different ages and stages of their development.

The ILO’s Minimum Age Convention (No.138) calls for the fixing of a minimum working age (usually about 15) in line with the end of compulsory schooling.

It gives flexibility options, for instance for developing countries, for work done in the context of training, or for light work that does not affect schooling.

ILO conventions (Minimum Age Convention No. 138 and the Worst Forms of Child Labour Convention No. 182) provide the framework for national law to prescribe a minimum age for admission to employment or work that must not be less than the age for completing compulsory schooling, and in any case not less than 15 years. Lower ages are permitted for transitional periods - generally in countries where economic and educational facilities are less well-developed the minimum age is 14 years and 13 years for 'light work'. On the other hand the minimum age for hazardous work is higher at 18 years.

Developed countries		Developing countries
Light Work	13 Years	Light Work	12 Years
Regular Work	15 Years	Regular Work	14 Years
Hazardous Work	18 Years	Hazardous Work	18 Years

 

ILO Convention No. 182 requires governments to give priority to eliminating the worst forms of child labour which are defined as:

• all forms of slavery - this includes the trafficking of children, debt bondage, forced and compulsory labour, and the use of children in armed conflict;
• the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic purposes;
• the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs; and
• work which is likely to harm the health, safety or morals of the child as a consequence of its nature or the circumstances under which it is carried out.

Convention 182 is explicitly complementary to Convention 138.  Convention 1872 must not be used to justify other forms of child labour.

Strategies for Companies

Developing an awareness and understanding of the causes and consequences of child labour is the first step that a company can take toward action against child labour. This means identifying the issues and determining whether or not child labour is a problem within the business. Companies sourcing in specific industry sectors with geographically distant supply chains need to be particularly vigilant.
    
However, discovering if child labour is being used can be difficult, for example in the case where documents or records are absent, and companies may consider using local non-governmental organizations, development organizations or UN agencies to assist in this process.
 
If an occurrence of child labour is identified, the children need to be removed from the workplace and provided with viable alternatives. These measures often include enrolling the children in schools and offering income-generating alternatives for the parents or above-working age members of the family. Companies need to be aware that, without support, children may be forced into worse circumstances such as prostitution, and that, in some instances where children are the sole providers of income, their immediate removal from work may exacerbate rather than relieve the hardship.

Actions - What can business do?

In the workplace

Be aware of countries, regions, sectors, economic activities where there is a greater likelihood of child labour and respond accordingly with policies and procedures appropriate to/commensurate with an increased likelihood.

• adhere to minimum age provisions of national labour laws and regulations and, where national law is insufficient, take account of international standards
• use adequate and verifiable mechanisms for age verification in recruitment procedures
• when children below the legal working age are found in the workplace, take measures that provide for their removal and seek viable alternatives with other partners for the children and their families
• exercise influence on and provide positive incentives for subcontractors, suppliers and other business affiliates to combat child labour in the spirit of ILO’s principles concerning child labour
• develop and implement mechanisms to detect child labour
• where wages are not determined collectively or by minimum wage regulation, take measures to ensure that wages paid to adults take into account the needs of workers and their families as well as the cost of living.
  
  

In the Community

• assist in the development of guidelines consistent with the objectives of Principle 5  by sectoral industrial associations and small to medium sized enterprises
• support and help design educational, vocational training, and counseling programmes for working children, and skills training for parents of working children
• encourage and assist in launching supplementary health and nutrition programmes for children removed from dangerous work, and provide medical care to cure children of occupational diseases and malnutrition

(Last update on 18 December 2008)