Research report - National Child Labour Action Programme for South Africa (1).doc

116 the early detection of abnormal health states

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(116) The early detection of abnormal health states caused through work so as to implement early and more effective treatment. Lead institution: DH. Secondary institutions: DL. New policy? Elaboration of existing policy. Once off cost: minimal. Recurrent cost: nil. Time line: within two years of adoption of policy. (117) Research should be done to determine the extent of child-headed households and AIDS orphans, and the effect that HIV/AIDS is likely to have on child labour, and to make recommendations regarding appropriate action. Lead institution: DSD; Secondary institutions: DL, DH*. New policy? Regarding child labour and child-headed households – elaboration of existing policy. Once-off cost: moderate. ILO funding: full research costs. Time line: to start within two years of adoption of policy. (121) The BCEA's blanket prohibition of employment of any child under the age of 15 years should be maintained, even where such work is not necessarily detrimental to the development to such child. The high level of unemployment in South Africa justifies the prohibition in the latter cases. Jobs need to be reserved for adults, thereby improving household income. Lead institution: DL. New Policy? No, confirmation of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within two years of adoption of policy. (122) Adult work that encourages child labour should be regulated. This should be taken into account when the ECC makes recommendations to the Minister of Labour in respect of particular sectors or groups of workers. Lead institution: DL. Secondary institution: ECC. New Policy? Elaboration of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within two years of adoption of policy. (124) A provision [in the BCEA?] to the following effect should be considered: 'An employer may not pay less favourable remuneration per unit of time, or offer less favourable conditions of employment, to workers doing piece work than is received by other employees of the employer performing similar or comparable work.' Lead institution: DL. New Policy? Elaboration of existing policy, since sectoral determination usually set a standard minimum wage. Once off cost: nil. Recurrent cost: nil. Time line: within four years of adoption of policy. (125) The Minister of Labour should in terms of section 83 of the BCEA deem the person benefiting from the work of the child to be the child's employer, where such a person is reasonably able to take steps to avoid the use of children. This deeming provision should stand alongside the responsibility as employer of the person directly using the child, such as the child's parent. Lead institution: DL. New Policy? No Elaboration of existing policy. Once off cost: nil. Recurrent cost: nil. Time line: within four years of adoption of policy.
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