Minimum Age For Employment - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Boss2966
Industrial Relations
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+1 Other

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Hi All,
We have recently interviewed a candidate who is determined to get the job. She is also in dire need since her family income isn't enough to bear her educational expense. She wants to finance her own education. However, the biggest constraint is that she is 15 years old.
We would like to know if it is legal to employ her, and what formality does the company need to take care of in this respect?
Regards
Mark

Under the circumstances given :
" She is also in dire need since her family income isn't enough to bear her educational expense. "
it would be advisable to finance her education as Corporate Social responsibility project.
This will also earn ' better' goodwill to the company.
Warm regards.

Dear Mark
You can hire her as an Apprentice, whereby you may give her on-the-job training and also support her financially by paying her stipend. Itís mutually beneficial and legal too!
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

On the contrary; I was suggesting that the Company SPONSOR her education as CSR.
This will generate goodwill for the company.
I did not mean to employ her; as without proper care, safeguards and a scheme for it; it will raise many unpleasant issues. Sometimes the treatment can be worse than the cure; and one has to be pragmatic.
Under the Factories Act, a child is one who has not completed his/her fifteenth year of age.
Employing Child Labour is ILLEGAL.
An adolescent is one who has completed fifteen years of age; but not completed eighteen years of age.
Warm regards.

She can be recruited under the category of young reason. Any one who as crossed 15 years of age and is below 18 years can be recruited as a young person, subject to a government doctor certifying that the young person is medically fit to do the job for which the young person is recruited. The law also states that the total working hours for a young person will not exceed 40 hours a week and no over time is permitted.
Many established and reputed organisations have resorted to this category of recruitment. In late eighties Titan Watches recruited over 3,000 operator trainees under this category by visiting various schools and recruiting students passing put their tenth grade from the rural India.
Off hand,I do not recall the sections. But you could find the info by getting in touch with a good lawyer.
Regards

Why does she need to work to earn money and get education, she can approach any institutions of her caste / religion wherein free education is provided or free scholarships are provided, it is not necessary that she can do job and study which will be very tough for her. This is what you can suggest her.
Dear Mark,
Both the girl's determination to get the job to pursue her education and your gesture to employ her are highly appreciable. Since she has completed her 15th year of age, I think that there is no legal hurdle for her employment in your concern.Even the Child Labor(Prohibition and Regulation)Act,1986 does not put a blanket ban on child labor; on the other hand, it permits employment of children subject to certain conditions.Other labor enactments too invariably permit adolescents or young persons subject to general restrictions such as lesser working hours, ban on overtime work - it depends upon the type of establishment.In the words of ancient Tamil Poetess AVVAIYAR getting education would be preferable even if one has to go begging. So, please go ahead!

Dear Mark
As a CSR activity you can help the needy people by sponsoring them for their education and on successful completion of their education you can absorb them in your company as a trainee. Even you can select some schools, colleges and help the economically poor and studying well.

I agree with Boss2966. First we should help the needy people in their education and then we can think of employing them.
If she really wants to educate herself then as Kraviravi said, she can approach any institution of her caste and get financially benefited. Because, it would be difficult for her to manage both the things (work and studies)
Lastly my suggestion is to not to employ her in fact, help her in her studies. Because my emphasis is firstly on studies and then employment.

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