Age of 14 can work or can do an internship at any organisation in India? - CiteHR
Dinesh Divekar
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Does any adolescent who has surpassed the age of 14 can work or can do an internship at any organisation in India? The engagement of an adolescent in any work is governed by the child labour act 1986.
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Dear Sadhana,
Please provide the background of the case. Who is the adolescent, why he/she wishes to do internship, in which department he/she wanted to do internship etc.
If adolescent will take up internship then how it will not impact her studies? Adolescent workers are permitted to work but that too only for four hours. Secondly, large number of companies prohibit employment of children below 18. Therefore, hardly any company is there that may take the adolescent as intern. Have you thought of this factor?
Thanks,
Dinesh Divekar
Hi Dinesh,
The student has completed her 10th want to apply to foreign country for further studies in architect. till the time she want to go for internship in India.
she is below 18 that means she come under adolescent so as per adolescent act can she do paid internship.
Dear Sadhana,
If the student has completed Class X and wanted to pursue her higher studies in the field of Architecture and that too from foreign university then she may work in some architect's firm. However, it would be unofficial work and no architect's firm would allow her to do internship officially.
As such if she is not pursuing any education related to Architecture then how she can be intern? The definition of intern is a student who works (often without pay) in order to gain experience. For the students who do courses like B Tech, BHM, MBA etc, part of their course duration is reserved for working in some company. Some time this duration is merged with summer vacation it does not hinder normal education. Any company allows interns to work in their company provided students produce valid documents related to the course and above all official letter from the Principal of the education institution. In the case at hand, on what basis any company can absorb her as intern? What will be the identity card and how to get the authorisation letter from Principal?
In India, B Arch course is done after Class XII. Therefore, will it not be proper if she completes her Class XII exam and then goes abroad?
Anyway, you may approach some architect's firm and find what would be the best way to fill the time gap. As stated earlier, it would be unofficial arrangement.
Thanks,
Dinesh Divekar
Dear Sahana,
He or She can be put in work but careful about the hour of work. Pl check however his/her internship is as per the following rather not violation;
As per the Child Labour (prohibition and regulation) Amendment Act 2012 passed by both Rajya Sabha and Lok Sabha in 2016, speaks of following:
Employment of children below 14 years is prohibited in all occupations and processes and age of prohibition of employment is linked to age under Right of Children to Free and Compulsory Education Act, 2009, i.e., 14 years. Employer of children under 14 years is prohibited in both hazardous and non-hazardous employments. The Act prohibits employment of children below 14 years in certain occupations such as automobile workshops, bidi-making, carpet weaving, handloom and power loom industry, mines and domestic work.
However a child (under 14 years) can help his family or family enterprises in a non-hazardous occupation/enterprise, after his school hours or during vacations. Similarly, a child working as an artist in an audio-visual entertainment industry, advertisement, films, television serials or any such other entertainment or sports activities, except the circus. In both cases, the law requires that this permission is subject to such conditions and safety measures, as may be prescribed and provided that such work does not affect the school education of the child.
A new definition of adolescent is incorporated in the Act and employment of adolescents (14-18 years of age) is now prohibited in hazardous occupations and processes (mines, inflammable substance, explosives, and hazardous processes). Stricter punishment for employers for violation has also been proposed to act as a deterrent. The offence of employing a child or adolescent in contravention of the amended Act by an employer has been made cognizable.
Dear Sadhana,
As suggested by senior colleagues, employing such children is restricted and should be strictly guided under supervision.
They should not be employed in hazardous processes.
But a lot depends on the Management's consent as well.
Check out if necessary.
Even though the Act permit A person who completed 14 years of age to do work, it should be limited only for 5 hours in a day whatever name/nomenclature you give for the job.
V.Murali
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