Tuesday, January 17, 2006


Govt allows child labour in non-hazardous sector

Kathmandu Jan 17-The government on monday promulgated the Child Labour (Prohibition and Management) Regulation allowing child labour in the country. The Regulation allows companies and factories to employ children in the non-hazardous sector.

The Regulation was published in the Nepal Gazette despite the 2000 Act that prohibits child labour in both hazardous and non-hazardous sectors. The Act identifies underground work, work related to electricity and sex, working in great heights etc as hazardous.The Regulation says the Labour Office would issue permission to companies or factories to employ children if the latter apply for the same. “A company should produce details of the child along with details of the working sector,” the Regulation states.

The 2000 Act identifies a person under 16 years of age as a child and prohibits his/her employment in the hazardous sector. Section 19 of the Act states a company or person forcibly employing a child would face up to one year in jail and fined Rs 50,000. However, ifa child is employed with his/her consent, a company or person employing the child may face a three-month jail term and fined Rs 10,000.The Act had, however, allowed the employment of 15 and 16-year old children in the non-hazardous sector.

The Regulation states that a company and factory should provide the child workers salary and facilities as fixed by the government from time to time.

It also ensures various forms of leave public holiday, home leave, sick leave, leave of mourning, special leave and education leave for child workers. It further states that companies should fix shifts for the children so that their school education is not affected.

The Regulation states that companies employing children should maintain an appropriate work environment; should see to it that the children get enough breathing space and sun to maintain their good health. It further directs companies and factories to have access to enough drinking water, different toilets, a canteen and allow children some rest. The Labour Office would monitor the place of work. The Regulation also directs companies to follow standards fixed by the government while employing children. The government will form a nine-member committee under the chairmanship of the Secretary of the Ministry of Labour and Transportation to monitor child labour. The panel will have representatives from government offices, private institutions working in the field of children’s rights, and trade unions.

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