Compliance

Can a contractor deploy workers under 18?

Under 14, never. From 14 to 18, only outside mines, explosives and hazardous processes, on short day hours. Most plant floors work to 18+.

A small brick gatehouse beside a steel sliding gate at an industrial site at dusk, with a yellow bollard on the paving in front.

No one under 14 may be employed at all. A worker aged 14 to 18 is an adolescent and may work, but never in a mine, with inflammable substances or explosives, or in a hazardous process, and only on restricted daytime hours. That is the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 as amended in 2016. Because most plant floors involve a hazardous process, most sites simply deploy no one under 18.

Who counts as a child, and who as an adolescent

A child is under 14; an adolescent is 14 or over but not yet 18. The 2016 amendment, in force from 1 September 2016 according to the Ministry of Labour, set both definitions and split the rules between them:

AgeThe ruleWhere it is set
Under 14 (or the age set by the Right to Education Act, if higher)May not be employed or permitted to work in any occupation or process. The only exceptions are helping a family enterprise outside school hours and work as an artist, neither of which reaches a contract deployments.2(ii) and s.3, Amendment Act 2016
14 to under 18May work, except in the occupations and processes listed in the Schedule, and subject to the conditions of work in Part III of the Acts.2(i) and s.3A
Under 18, in a mineMay not work in a mine at all; apprentices and trainees aged 16 or over may, under proper supervisionOSH Code 2020, s.70

Where an adolescent cannot work

Anywhere the Schedule lists, and on a plant floor that is most of the floor. The Schedule substituted in 2016 names three things: mines, inflammable substances or explosives, and "hazardous process" as the Factories Act 1948 defines it (Amendment Act 2016, s.22). A hazardous process in that sense covers the industries listed in that Act's First Schedule, from metals, chemicals and cement to rubber and leather [VERIFY: the First Schedule list]. After the amendment the Ministry also expanded the Schedule, splitting it into Part A, where adolescents may not work, and Part B, which adds work that children may not help with even in a family enterprise.

The Central Government can notify the kinds of non-hazardous work an adolescent may do (proviso to s.3A). In practice that leaves office, canteen or reception roles at most sites, rarely the production, warehouse or maintenance work a contractor is engaged for.

If an adolescent does work: hours, leave and paperwork

Their working conditions are set by Part III of the 1986 Act, which the OSH Code adopts. Section 25(4) of the Code says an adolescent's working hours are regulated under that Act, and the 2016 amendment replaced "child" with "adolescent" throughout Part III (ss.7 to 13).

  • Short day hours. No more than three hours at a stretch without an hour's rest, a spread-over of no more than six hours, no work between 7 p.m. and 8 a.m., no overtime, and no work for a second employer on the same day (s.7) [VERIFY: the 1986 text of s.7, not opened this run].
  • A weekly holiday, fixed and displayed (s.8).
  • Notice to the inspector when an adolescent is employed (s.9), and a register of each adolescent's date of birth, work and hours (s.11) [VERIFY: the time limits and contents in the 1986 text].
  • Annual leave at a faster rate. An adolescent earns one day of paid leave for every fifteen days worked, against twenty for an adult (OSH Code s.32(1)(ii)).

These conditions do not fit shift work. A plant running two or three shifts cannot place an adolescent on most of its rosters at all, which is another reason most sites set their floor at 18.

What a breach costs, and who is exposed

Imprisonment is the first penalty in the Act, not the last. Section 14, as substituted in 2016, punishes whoever "employs any child or permits any child to work" in breach of section 3, and the same for an adolescent under section 3A:

OffencePenaltySection
Employing or permitting a child to work, or an adolescent in a Schedule occupation or processImprisonment of six months to two years, or a fine of ₹20,000 to ₹50,000, or boths.14(1) and (1A)
A repeat of either offenceImprisonment of one to three yearss.14(2)
Any offence by an employer under s.3 or s.3ACognizable: the police can act without a warrants.14A
A rescued child or adolescentFines go to a district Rehabilitation Fund, and the State adds ₹15,000 for each child or adolescents.14B

The offence is to employ or permit to work, which reaches further than the payroll. A contractor that deploys a 16-year-old is employing them; whether the site whose floor they work on has permitted it is a question of fact for the site's own counsel. Enforcement is real: the Ministry of Labour reports about 14.34 lakh inspections under the Act between 2013 and 2018, around 10,000 prosecutions and more than 4,530 convictions.

What a site should check

Date of birth, from a document, before the first shift. The check belongs at Screening, with the UAN and ESIC number, not at the gate on day one.

  1. A date of birth from an identity document for every worker on the contractor's list, copied to the worker's file. Where age is in doubt, the Act sends the question to a prescribed medical authority (s.10) [VERIFY: the 1986 text of s.10].
  2. The date of birth on the gate register, so that a substitute sent at short notice is checked like everyone else.
  3. A contract clause that bars the contractor from deploying anyone under 18 to the site, or under the age the site sets, and makes a breach a ground for removal.
  4. A spot check against the register during the monthly audit, since the substitutes are where an under-age worker usually comes in.

How Velura Services helps

Every worker we deploy is screened for age from an identity document before they are scheduled, and the date of birth goes on the gate register with the UAN and ESIC number. Substitutes sent at short notice go through the same check. We deploy no one under 18 to production, warehouse or maintenance roles, and a site can set its own minimum in the work order.

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Sources

Frequently asked questions

Can a contractor employ a 16-year-old on a factory floor?

Usually not. A 16-year-old is an adolescent under the Child and Adolescent Labour (Prohibition and Regulation) Act 1986, and section 3A bars adolescents from mines, inflammable substances or explosives and any hazardous process in the Schedule. Most factory work falls inside that. Where an adolescent can lawfully work, hours are limited to daytime, with no overtime.

What is the penalty for employing a child or adolescent illegally?

Under section 14 of the Act as amended in 2016, imprisonment of six months to two years, or a fine of ₹20,000 to ₹50,000, or both, for employing or permitting a child to work, or an adolescent in a scheduled occupation or process. A repeat offence carries one to three years' imprisonment, and offences by employers are cognizable.

Is the principal employer liable if the contractor sends an under-age worker?

The Act punishes whoever employs or permits a child or adolescent to work, which is wider than whoever pays the wage. The contractor that deploys the worker is employing them. Whether the site permitted it depends on the facts, and is a question for the site's own counsel. A date-of-birth check at screening keeps the question from arising.

How should a site check a contract worker's age?

From a date of birth on an identity document, before the first shift, with a copy in the worker's file and the date on the gate register. Substitutes sent at short notice should get the same check. Where age is genuinely in doubt, the Act refers the question to a prescribed medical authority rather than leaving it to the employer.