INSTITUTE FOR STANDARD AND QUALITY DEVELOPMENT STUDIES
08/06/2023
Child labour is the very first clause in SA 8000 certification. SAI’s decision to place this clause first demonstrates the organization’s priority in protecting children’s rights, as children are among the most vulnerable groups in society and require special protection.
To understand the requirements of the Child Labour clause, it is important to first clarify the definitions of the terms used in this clause.
“Child” = Any person under 15 years of age, unless the minimum age for work or compulsory schooling defined by local law is higher, in which case the higher age requirement shall apply in that locality.
“Child Labour” = Any work performed by a child below the age specified in the definition of “child” above, except as provided for under ILO Recommendation 146.
“Young Worker” = Any worker over the age of a child as defined above and under the age of 18.
“Remediation of Child Labour” = All necessary support and actions to ensure the safety, health, education, and development of children involved in child labour, as defined above, including children who have been removed from employment.
The Child Labour clause contains four sub-clauses corresponding to four requirements.
The first requirement strictly prohibits engaging in or supporting the use of workers under 15 years of age. If a business violates this requirement, it will be considered a serious nonconformity, the assessment process will be suspended, and SA 8000 certification will not be granted.
Regarding the definition of “child labour,” according to the definition of “child” above, the permitted working age is from 15 years old and above. If national law in the locality where the company seeks certification stipulates a higher minimum age, then that higher age requirement shall apply.
According to Vietnamese law, a “child” is defined as a person under 16 years of age (based on Article 1 of the 2016 Law on Children). However, based on the requirements of the SA 8000 standard clause prioritizing the minimum working age, the age of 16 in this context will not apply. Instead, attention is given to the minimum working age stipulated in the 2019 Labour Code. According to Clause 1, Article 3 of the Labour Code:
“An employee is a person who works for an employer under an agreement, is paid wages, and is subject to the management, administration, and supervision of the employer.”
“The minimum working age of an employee is 15 years old, except for cases specified in Section 1, Chapter XI of this Code.”
Section 1, Chapter XI of the 2019 Labour Code allows persons from full 13 years old to under 15 years old to work. However, the Child Labour clause only permits ages above 15 years old; therefore, child labour is determined as labour involving persons under 15 years old.
The 2019 Labour Code also prohibits the use of illegal child labour. Specifically, Clause 7, Article 8 stipulates that one of the prohibited acts in the labour sector is:
“Employing underage workers contrary to the law.”
“The organization shall establish, document, maintain, and effectively communicate to personnel and other interested parties policies and procedures for remediation of child labour and shall provide adequate financial and other support to enable such children to attend and remain in school until no longer a child as defined above.”
Basically, businesses need to include a commitment not to use child labour in a policy and communicate this policy to employees and partners. If child labour is identified, the organization must establish support policies, including educational support for those children until they reach 15 years of age.
“The organization may employ young workers, but where such young workers are subject to compulsory education laws, they may work only outside school hours. Under no circumstances shall the combined time spent on school, work, and transportation exceed 10 hours per day, and in no case shall young workers work more than 8 hours a day. Young workers shall not work during night hours.”
Regarding the employment of workers from 15 years old to under 18 years old, Vietnamese law stipulates the following:
“Working hours for employees from full 15 years old to under 18 years old shall not exceed 8 hours per day and 40 hours per week. Employees from full 15 years old to under 18 years old may work overtime and work at night in certain occupations and jobs as prescribed by the Minister of Labour, Invalids and Social Affairs.”
– Clause 2, Article 146 of the 2019 Labour Code.
“Organizations and enterprises shall not expose children or young workers to any situations – inside or outside the workplace – that are hazardous, unsafe, or harmful to their physical and mental health and development.”
The regulations of the Vietnamese Labour Code are fundamentally consistent with the above requirements.
The above are ISSQ Quality Institute’s insights regarding SA 8000 Certification – Child Labour Clause.
We hope this article provides useful information for you and your business.
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Published date: 08/06/2023
