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Work permits for minors

September 2, 2024

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This article has been written by Sohankita Mukherjee pursuing a Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions) from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Table of Contents

Introduction

A work permit or working visa is an official authorisation (legal work card) issued by the government of a country to foreign workers. It is a legal document for foreign nationals to work legally. The procedure of obtaining these permits is open to any willing investor and often varies famously per the hosting country. It is deemed a criminal offence if you work at all without the permits and it could mean losing your immigration status, screwing up any future visa applications or even being banned from re-entry.

This article outlines the international and Indian standards for minorities and their classifications. It touches upon the guidelines for both minors and adolescents and the consequences of non-compliance. It explores various alternative paths for minors by involving them in work while protecting their fundamental rights. The article also talks about the different work permit policies of different countries.

An overview of Indian and international standards of work permits for minors

Age of minority: international standards

Minor means an individual who has yet to attain 18 years (the age of majority) and has yet to gain the capacity to make legal decisions. There are various international instruments responsible for the protection of the rights of children. Some of them are:

The United Nations Convention on the Rights of the Child (UNCRC).
International Labour Organisation (ILO) Conventions.
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

The above international laws provide a global legal framework that mentions the types of work minors can perform and allows every country to abide by the basic standards of minimum work age and according to the United Nations Convention on the Rights of the Child (UNCRC), under Article 1, it is mentioned that every human being is below the age of 18 years unless the applies to the child. According to Article 5, individuals under the age of 18 possess all the rights outlined in the convention and are granted special protection measures.

The Inter-American Convention of International Traffic in Minors, borne out of the Organisation of American States (OAS), is a vital legal framework endorsed in Mexico City on March 19, 1994. It encompasses both civil and criminal aspects of international trafficking involving minors, demonstrating a steadfast commitment to safeguarding their best interests.

At its core, the Inter-American Convention defines minors in a manner that closely aligns with the description provided in the United Nations Convention on the Rights of the Child (UNCRC). This alignment ensures a consistent and comprehensive approach to protecting the rights and well-being of minors on a global scale.

The Inter-American Convention primarily focusses on combating the illicit trafficking of minors across international borders. It recognises that such trafficking can take various forms, including adoption, exploitation, and sexual abuse. The convention aims to prevent these heinous acts by establishing legal frameworks and mechanisms for international cooperation.

To achieve its objectives, the Inter-American Convention outlines several fundamental principles and guidelines. It emphasises the importance of respecting the rights and dignity of minors, upholding their best interests as paramount, and prioritising their physical, mental, and emotional well-being. The convention also calls for the effective prosecution of traffickers and the provision of comprehensive support services to victims of trafficking.

Furthermore, the Inter-American Convention recognises the significant role that families and communities play in protecting minors. It encourages the active involvement of families and guardians in safeguarding minors from trafficking and promotes the creation of supportive environments where minors can thrive.

By establishing a robust legal framework and fostering international cooperation, the Inter-American Convention of International Traffic in Minors contributes to the global fight against the trafficking of minors. It serves as a valuable tool for governments, organisations, and individuals working tirelessly to protect the rights, dignity, and well-being of minors everywhere.

Below is a tabular representation of the legal working ages of several countries:

Countries	Legal working age
UK	16
Japan	15
Brazil	14
Argentina	14
United States	14
India	14
Canada	13
Australia	13
Nigeria	12
Bolivia	10

From the above chart, Bolivia has the lowest legal age for a work permit and the UK has the highest.

Age of minority: Indian standards

The Indian Constitution

Article 21A

The government is mandated to ensure that all children between the ages of 6 and 14 receive free and mandatory education as prescribed by law.

Article 24

Prohibition of employment of children in factories, etc. Children under the age of 14 are prohibited from being employed in factories, mines, or any other hazardous occupations.

Article 39

According to this article, every government’s policy should focus on ensuring the physical well-being of workers (both male and female), who are compelled by economic constraints to pursue occupations that are not. This included children of a vulnerable age.

Other legislations

The Bonded Labour System (Abolition) Act 1976: Bars the hiring of any individual, including children.
The Explosive Act, 1984: It is forbidden to employ individuals under the age of 18 years.
The Merchant Shipping Act, 1958: Children under the age of 14 are not permitted to work in any capacity on any ship at sea, with specific exceptions.

Work permit options in India and other countries

The purpose of a work permit is to ensure that the minor employed in the industry is not underaged and physically fit for work.

India

There are different types of work permits based on their age and the nature of work. Depending upon the nationality of the child, the work permits vary.

Children under 14 years of age
Adolescents (14 to 18 years of age)

Full-time and part-time work permits: If the parent or guardian is incapacitated for labour through illness or injury, or if the minor is unable to reside with their family and the earnings are necessary for the support of the minor, in such circumstances a full-time work permit may be issued for a 14-16 year old. The same goes for part-time work.

Special permits: There are no special permits available for minors in India.

The purpose of a work permit is to ensure that the minor employed in the industry is not underaged and physically fit for work.

The Factories Act, 1948

Section 67 of this act prohibits the employment of young children in factories who have not completed their 14th year.

Section 71 of the act talks about the working hours of children: No child shall be employed or permitted to work in any factory:

for more than four and a half hours on any day;
during the night.

Explanation: For this sub-section, “night” shall mean at least twelve consecutive hours, which shall include the interval between 10 p.m. and 6 a.m.

Children employed in a factory are restricted to working two non-overlapping shifts, each lasting a maximum of five hours. Furthermore, each child is assigned to only one shift and can only be reassigned with written permission from the Chief Inspector, not more frequently than once in thirty days.

Section 52 shall equally extend to child workers, and no exceptions from its provisions can be sanctioned for any child, as per Section 57 of the Factories Act of 1948, which addresses night shifts and the application of holiday provisions. It specifies that if a worker works after midnight, the regulations regarding holidays in sections 52 and 53 are applicable for 24 hours following the conclusion of their shift, with the hours worked after midnight being considered as part of the previous day.

Children are not permitted to work in more than one factory on the same day.

No female child shall be required or allowed to work in any factory except between 8 a.m. and 7 p.m.

The Mines Act, 1952

Section 43 of the act has mentioned that if an inspector thinks that:

Someone working in a mine (who isn’t an apprentice or trainee) might not be an adult,
An apprentice or trainee in a mine might be younger than 16 or not fit to work.

The inspector can do the following:

Give the mine manager a notice saying this person needs to be checked by a doctor (called a certifying surgeon).
Order that this person can’t work in any mine until they’ve been checked.

The doctor needs to confirm that:

The regular worker is an adult, or
The apprentice or trainee is at least 16 years old and is fit to work.

Until this happens, if the inspector says so, the person isn’t allowed to work in the mine.

The Right of Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act, 2009, also known as the Right to Education (RTE) Act, proscribes the employment of children in some specific occupations and processes. Section 3 of the Act addresses the subject.

Section 3(1) of the RTE Act 2009

The Child and Adolescent Labour (Prohibition & Regulation) Act balances child protection with family economic realities:

Generally, prohibits child labour under 14 years.
Allows limited family work exceptions:
- During vacations or after school hours.
- In family enterprises.
- Work must not harm health or development.
- Must not interfere with education.

This approach aims to:

Prioritise children’s education and well-being
Recognise the economic realities of some families
Ensure any allowed work is safe and limited.

The Act strives to protect children’s rights to education and healthy development while allowing some flexibility for family circumstances.

The Motor Transport Workers Act, 1961

This Act prohibits the employment of children less than 14 years old in any motor transport undertaking.

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

This Act prohibits the employment of children less than 14 years of age in any industrial premises manufacturing beedi or cigars.

In conclusion, all of these laws prohibit the employment of children below the 14-age group. Even children and adolescents below 18 are prohibited from working in mines and any other hazardous sites of factories.

Saudi Arabia

A minor has been defined as any person of 15 years and below 18 years of age. Details of employment of minors are mentioned in PART X EMPLOYMENT OF MINORS

Article 161

To protect young people, there are rules about where they can work.

Minors cannot be employed in:
- Hazardous jobs
- Harmful industries
- Occupations that could put their health at risk
- Jobs that might compromise their safety
- Work that could negatively affect their moral development
These restrictions apply to both the nature of the work itself and the conditions under which it’s performed.
A government minister will determine and list the specific jobs, industries, and occupations that fall under these restrictions.
This list will officially specify which types of work are considered unsuitable or dangerous for minors.
These rules aim to ensure that young workers are protected from potentially harmful or inappropriate work environments until they reach adulthood.

Article 162

Basic rule:

No one younger than 15 years old can be employed or allowed in workplaces.
The Minister has the power to increase this age limit for certain industries, areas, or groups of minors.

Exception for light work:

In some cases, 13 to 15-year-olds may be allowed to do light work.
The Minister decides when this exception applies.

Conditions for light work:

For 13 to 15-year-olds to be employed in light work, the job must:
Not be potentially harmful to their health or growth.
Not interfere with their:
- School attendance
- Participation in career guidance programs
- Involvement in vocational training
- Not reduce their ability to benefit from their education.

Article 163

Night work rule for minors:

Minors cannot work at night for at least 12 consecutive hours.
The Minister can make exceptions to this rule.
These exceptions will be specified in an official decision.

This rule protects minors’ rest time, with flexibility for special cases determined by the Mmnister.

Article 165

ID: National card or birth certificate.
Health: Doctor-certified fitness report.
Consent: Guardian’s written approval.

Employers must obtain and keep these in the minor’s file before hiring.

Canada

The Employment Standard Code, under Part 2, Part 5 regulation, portrays the rules for employing people under 18. Same for the Occupational Health and Safety (OHS) legislation.

The general rules

According to the basic rules mentioned by the government of Alberta, Canada, there are restrictions on minors who are under 18 years of age.

Those who are 14 years and under require a government permit, which varies by age group and the type of work.

Those who are 14 years of age or under must need a permit to work from their guardian or parent.

There are restrictions on the working hours for those who are under the age of 18.

The important exceptions are:

The rules for youth employment do not apply to self-employed contractors or volunteers but only to employees.
For students in different approved training courses or integrated training programs.
These rules do not apply to farms and ranches.

All the employees, including those under 18, are eligible for the minimum standards of employment, such as general holidays, vacations, minimum wage, and termination notice or pay.

As per hazardous workplace guidelines, employees are to perform hazard assessments and control workplace hazards.

Self-employed and contractors

The above rules do not apply to those who are self-employed, working as a volunteer or an independent contractor. The below casual work is listed as self-employed and contractor work but this list is not limited to the below tasks:

Lawn cutting
Snow shovelling
Babysitting

The main goal of the rule about the self-employed or contractors is to identify whether the person is a true employee or not and not just what type of job they are doing.

Employees 12 years of age and under

May only be employed in an endeavour.
- A permit for required work in artistic endeavours
- Allowable hours and any other restrictions shall be determined during the permit approval process.
Consent of the parent and guardian is required.

Artistic endeavours

To get employed in the industry, those who are under 15 years of age need to get a special work permit.

Artistic endeavour means of work are:

Recorded entertainment: Film, radio, video, television, radio commercials
Voice recordings for video or computer gaming
Live performance/entertainment industry: Theatre plays, musical performances.

Employees 13 to 14 years of age

The main aim of these provisions is that if the employment is hurting the life, health, education, or welfare of the employee, then such employment is not allowed.

Some jobs can be a good fit for such age groups for employment:

Clerk or messenger in a retail shop or office
Delivery boy for small merchandise or goods for a retail shop
Delivering flyers, handbills or newspapers
Light janitorial work in offices
Tutorial
Coach for recreational athletic club or association
Food service employee

Even though there are specific roles in food service industries for specific age groups. Some of the jobs that people of this age can do are:

Host/hostess
Cashier
Dishwasher
Busing or cleaning tables
Server or waiter
Providing customer service
Sweeping and mopping in common areas
Assembling food orders

Employees of food service employees aged 13 and 14 must ensure that employees of the age of 13 or 14 years are under continuous adult supervision.

Restrictions of hours of work

The restriction for the hours of work for employees of the age group of 13 to 14 years of age

Not allowed to work between 9 pm and 6 pm.
Can’t work during school hours unless they’re enrolled in an off-campus education program.
Can only work for up to 2 hours outside school hours.
Can work up to 8 hours for non-school days.

Employees aged 15 to 17 years

May be employed in any type of work with minimum restrictions.

No permits are required.
Parents and guardians consent are only required to work during restricted hours.

Restrictions on working hours

Employees cannot work during regular school hours.
Those who work in the hospitality or retail industry are only allowed to work from 9 p.m. to 12 a.m. with adult supervision. They can’t work between 12:01 a.m. and 9 p.m. They’ll require parental or guardian consent and adult supervision.

The retail industry includes selling the following goods

Any food or beverage.
Any other comedies, wares, goods, or merchandise.
Gasoline, diesel fuel, propane, or any other product or byproduct of petroleum

Hospitality services include

Hotels
Motels
Anyplace that provides overnight accommodation to the public.

Work permit rules and regulations : restrictions and guidelines

The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986, as amended in 2016:

Prohibits employment of children under 14 in all occupations.
Aligns with the Right to Education Act, 2009.
Bans employment of adolescents (14-18 years) in hazardous jobs.
Imposes stricter punishments for violations.

This amendment strengthens protections for children and adolescents in the workforce, extending the original 1986 Act’s scope.

Jurisdiction under the Act:

The Central Government oversees:
- Establishments under its control
- Railway administrations
- Major ports
- Mines
- Oilfields
State governments handle all other cases.
The Ministry’s State Action Plan outlines responsibilities for state governments/UTs following the Amendment Act.

This division ensures clear implementation roles for both central and state authorities.

Child Labour (Prohibition & Regulation) Amendment Rules, 2017:

Key provisions:
- Prevention, rescue, and rehabilitation
- Definition of “help” in family enterprises
- Regulation of child artists’ safety and security
Implementation structure:
- District Nodal Officer (DNO)
- Task Force chaired by District Magistrate
Purpose: Ensure proper enforcement of the amended Child Labour Act

These rules provide a framework for implementing the amended Act, focussing on child protection and local-level enforcement.

Guidelines for adolescent employment

Employer record-keeping requirements:

Maintain a register documenting:
- Adolescent workers’ names and birthdates.
- Work schedules, including hours, periods, and rest intervals.
- Job descriptions for each adolescent.

Notification process: Within 30 days of hiring an adolescent, employers must inform the local inspector of:

Establishment details:
- Name and location
- Manager’s name
- Official correspondence address
Business description:
- Nature of operations or processes conducted

These regulations ensure transparency in adolescent employment and facilitate oversight by local authorities.

Following the amendment to the Child Labour Act, the government has revised and expanded the Schedule of Hazardous Occupations and Processes, based on recommendations from the Technical Advisory Committee (TAC). The updated schedule now features a two-part structure for more comprehensive protection. Part A lists hazardous occupations and processes where both adolescent employment and child assistance in family enterprises are prohibited. Part B provides an additional list of occupations and processes where children are specifically barred from helping in family or family enterprises, supplementing the restrictions in Part A. This new framework aims to offer more robust safeguards for both children and adolescents by clearly delineating prohibited activities across various work environments, including family businesses.

Below are the hazardous occupations and processes that have been mentioned in the schedules under Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986.

Occupation

An occupation connected with:

Transport of passengers, goods, or mail by railway;
Cinder picking, clearing of an ash pit or building operation in the railway premises;
Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or cut off a moving train;
Work relating to the construction of a railway station or any other work where such work is done close to or between the railway lines;
A port authority within the limits of any port;
Work relating to the selling of crackers and fireworks in shops with temporary licenses;
abattoirs/slaughter houses;
Automobile workshops and garages;
Foundries;
Handling of toxic or inflammable substances or explosives;
Handloom and power loom industry;
Mines (underground and underwater) and collieries;
Plastic units and fibreglass workshops;
Employment of children and domestic workers or servants;
Employment of children in dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas, or other recreational centres;
Diving;
Circus;
Caring for elephants.

Processes

Any of the following processes:

Bidi-making;
Carpet weaving, including preparatory and incidental processes thereof;
Cement manufacture, including bagging of cement;
Cloth printing, dyeing, and weaving, including processes, preparatory, and incidental to it;
Manufacture of matches, explosives, and fireworks;
Mica-cutting and splitting;
Shellac manufacture;
Soap manufacture;
Tanning;
Wool-cleaning;
Building and construction industry, including processing and polishing of granite stones;
Manufacture of slate pencils (including packing);
Manufacture of products from agate;
Manufacturing process using toxic metals and substances, such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides, and asbestos;
‘Hazardous process’ as defined in Section 2(cb) and ‘dangerous operation’ as notified in Rules under Section 87 of the Factories Act, 1948 (63 of 1948);
Printing as defined in Section 2(k)(iv) of the Factories Act, 1948 (63 of 1948);
Cashew and cashew nut descaling and processing;
Soldering processes in electronics industries;
“Aggarbatti’ manufacturing;
Automobile repairs and maintenance, including processes incidental to it, namely, welding, lathe work, dent beating, and painting;
Brick kilns and roof tile units;
Cotton ginning and processing and production of hosiery goods;
Detergent manufacturing;
Fabrication workshop (ferrous and non-ferrous);
Gem cutting and polishing;
Handling of chromite and manganese ores;
Jute textile manufacture and coir making;
Limekilns and manufacture of lime;
Lock making;
Manufacturing processes having exposure to lead, such as primary and secondary smelting welding and cutting of lead-painted metal construction, welding of galvanised or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping lead paint, burning of lead in enamelling workshops, lead mining, plumbing cable making, wire patenting, lead casting, type founding in printing shops, store typesetting, assembling of cars, shot-making, and lead glass blowing;
Manufacture of cement pipes, cement products, and other related work;
Manufacturing of glass and glassware, including bangles, fluorescent tubes, bulls, and other similar glass products;
Manufacture of dyes and dyestuffs;
Manufacturing or handling of pesticides and insecticides;
Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photoengraving and soldering processes in the electronic industry;
Manufacturing of burning coal and coal briquettes;
Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather;
Moulding and processing of fibreglass and plastic;
Oil expelling and refinery;
Papermaking;
Potteries and ceramic industry;
Polishing, moulding, cutting, welding, and manufacture of brass goods in all forms;
Process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting;
Sawmill all processes;
Sericulture processing;
Skinning, dyeing, and processes for manufacturing of leather and leather products;
Stone breaking and stone crushing;
Tobacco processing, including manufacturing of tobacco, tobacco paste, and handling of tobacco in any form;
Tyre making, repairing, re-treading, and graphite beneficiation;
Utensil making, polishing, and metal buffing;
`Zari making (all processes);
Electroplating;
Graphite powdering and incidental processing;
Grinding or glazing of metals;
Diamond cutting and polishing;
Extraction of slate from mines;
Ragpicking and scavenging.
Processes involving exposure to excessive heat (e.g., working near the furnace) and cold;
Mechanised fishing;
Food Processing;
Beverage Industry;
Timber handling and loading;
Mechanical Lumbering.
Warehousing;
Processes involving exposure to free silica, such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry.

The consequences of non-compliance: penalties and fines

The primary goal of both international and national frameworks is to recognise and prevent children from engaging in hazardous labour, aiming to protect them from physical and psychological harm. These frameworks emphasise the importance of safeguarding children’s well-being and education, ensuring that they are not subjected to detrimental working conditions. To achieve this, various initiatives have been established to rehabilitate rescued children and provide them with support through child labour centres.

These centres offer comprehensive assistance to aid in the children’s reintegration into society. Education plays a crucial role in this process, as rescued children are given the opportunity to catch up on their studies and acquire essential knowledge and skills. Additionally, vocational training programs are provided to equip them with practical skills that can help them find sustainable employment in the future. Emotional assistance is also an integral part of the rehabilitation process, as children rescued from hazardous labour often carry deep psychological scars.

While the aim is to prioritise the child’s well-being and education, some exceptions may apply in specific sectors, particularly within family-owned businesses. In certain instances, children may be permitted to work within their family’s business under strict conditions and limitations. This is done to ensure that the work is not hazardous and does not interfere with the child’s education or overall well-being.

Overall, the international and national frameworks provide a comprehensive approach to addressing child labour, encompassing prevention, rehabilitation, and reintegration. The initiatives implemented through child labour centres aim to provide rescued children with a supportive environment where they can heal, learn, and develop the skills and resilience needed to lead fulfilling lives. By working together, governments, organisations, and communities can create a future where every child is free from the burden of hazardous labour and has the opportunity to reach their full potential. The enforcement process encompasses legal measures and inquiry measures against those violating the law. The non-compliance investigation is done by the labour commissioner or deputy magistrate.

Legal consequences for violating child labour laws

Employers who engage children in work contrary to the Child and Adolescent Labour (Prohibition and Regulation) Act face severe penalties:

Imprisonment:
- Minimum term: 6 months
- Maximum term: 2 years
Financial penalties:
- Fines ranging from Rs.20,000 to Rs.50,000

These punishments apply to those who either directly employ children or allow them to work in violation of the Act. The law aims to deter exploitation by imposing both custodial sentences and substantial monetary fines on offenders.

Legal consequences for parental involvement in child labour

The law extends accountability to parents who compel their children to work illegally:

Prohibited activities include:
- Forcing children into family businesses
- Exploiting children as performers at the expense of education
- Involving children in any occupation banned by law
Penalty structure:
- First offence: Official warning
- Subsequent violations: Fine up to ₹10,000

This approach aims to discourage familial exploitation while recognising the potential for reform after an initial warning. It underscores the importance of prioritising children’s education and well-being over economic gain.

Alternative paths for prevention of illegal employment of minor labourers

Giving work permits to minors means getting adolescents involved in the industry. This can open doors to many opportunities for them and their family. A way to earn money and to support the family. Schemes of the government have made it happen. But those ways are more children-friendly than making the children work in the mainstream industries.

National Child Labour Project SCHEME

The government initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 12 child labour endemic districts of India.

Objectives of this scheme

The major goal of this sector scheme is the rehabilitation of children from illegal labour employment.
The special schools and rehabilitation centres provide:
- Non-formal/bridge education
- Skilled/vocational training
- Mid-Day Meal
- Stipend @ Rs. 150/- per child per month.
- Medical care services are provided through the appointment of a doctor who oversees a cluster of 20 schools.

Implementation of the project

The entire project shall be implemented through a registered society with the administrative head of the district, i.e., the district magistrate/collector/deputy commissioner as chairperson. Society’s membership may consist of representatives from the concerned departments, PRIs, NGOs, trade unions, and any other persons as deemed fit.

Central government funding for child labour projects

The projects are fully financed by the Ministry of Labour & Employment according to the level of implementation in project societies. This approach gives way to direct federal oversight and links funding to real results in the fight against child labour. The reduction of funds to projects that are lagging in implementation versus those not linked with project advancement plans and milestones is the government’s approach to attaining efficient management and better accountability in addressing this very critical social problem.

The status of the NCLP scheme in the current days

Rehabilitation of child labourers in the era since 1988 when the National Child Labour Project (NCLP) Scheme was launched, is being executed by the District Administration and its machinery through a mechanism structure known as District Project Societies chaired by the Deputy Commissioner. Under the NCLP scheme, children in the age group of 9–14 who are rescued from labour and enrolled at NCLP Special Training Centres (STCs) are provided bridge education, vocational training, etc., along with other support such as nutrition, health care, etc., before mainstreaming them into the formal education system. This scheme is now subsumed into the Samagara Shiksha Abhiyan (SSA) as of April 1, 2021. Hence, rescued child labourers would be mainstreamed into the formal education system through STCs under SSA. Currently, no Special Training Centres (STC) are functioning under the NCLP scheme.

Child labour is a controversial issue, based on poverty and necessity across markets in India, despite government efforts to abolish child labour through legislation. Laws exist that aim to protect children from both working in hazardous (worst forms) and non-hazardous industries but many poverty-stricken families have no other choice than to rely on the income earned by every member of a family, including their little children for survival. Without educational resources and information, families are often stuck in the impossible situation of choosing to survive today or provide for their children’s future. This situation is prevalent in rural areas, where limited options are making families more vulnerable to exploitation and manipulation. The lack of alternatives in rural areas often leads to circumvention of child labour laws, which highlights the gap between legislative and on-the-ground realities in many parts of India.

Strategies to combat child labour and prevent exploitation

Project-Based Action: National Child Labour Project (NCLP) Scheme

The government introduced the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate children working as labourers in districts where child labour is substantial. At the last count, this scheme was operating in 313 districts across 21 states and UTs. Aimed at top child labour endemic areas in the country, this program stands out as the largest single initiative towards tackling and preventing child labour on a national scale.

The centrally managed initiative, the NCLP scheme, aims to rehabilitate child labourers. The key features are mentioned below:

District-level project societies led by collectors and district magistrates.
Special Training Centres for children aged 9-14 are offering the below options:
- Bridge courses
- Vocational training
- Mid-day meals
- Stipends
- Healthcare facilities
Direct integration of 5-8-year-olds into formal education via Sarva Shiksha Abhiyan
Vocational training for adolescents (14-18) in hazardous occupations
Support for families through government welfare programs
Awareness campaigns and law enforcement

The scheme has managed to mainstream around 1.3 million working children into streamlined education. At present, there are nearly 3.000 centres that are operating nationwide, which are serving approximately 120.000 children.

Supreme Court regulations on child labour

There are various directions issued by the Hon’ble Supreme Court of India to the state governments from time to time. These are the below directions:

To conduct a thorough assessment of children who engaged in dangerous work environments.
To impose a penalty of Rs. 20,000 on the employers for each child hired in violation of the provision of the Act.
To offer an option of either an alternative employment for the adult family member of the rescued child or to provide Rs 5,000 per child from the funds of the government.
To ensure interest accrual on the Rs 25,000 corpus (Rs. 20,000 from the employer, Rs. 5,000 from the government)
To facilitate suitable educational placement for children removed from hazardous occupations.
To establish a dedicated Child Labour Rehabilitation and Welfare Fund.
To initiate a specialised unit within the Labour Department to oversee implementation and compliance.
All of these above measures aim to discourage child labour, ensure compensation to the affected families, and promote rehabilitation and education for the rescued.

Positive spectrum of work permit for minors : a room for changes

There are certain questions on the topic based on the impact of work permits for minors on improving their educational outcomes in several ways:

Increased educational attainment: A study shows that raising the work permit age leads to higher educational attainment, particularly for immigrant minors. The system of work permits helps in retaining students in school and prevents premature dropouts from entering the workplace. Another study by Fortune shows that those students who work while enrolled in college are about 20% less likely to complete their degrees than similar peers who don’t work.
Monitoring and oversight from the authoritative bodies: the work permit process allows schools and authorities to monitor minors’ employment and academic performance. The permit can be revoked if their schoolwork suffers. This helps maintain a balance between work and education.
Better job security and working conditions and compliance with labour laws: Work permits provide minors with legal employment status, protecting them from exploitation and ensuring that they have access to formal jobs with better wages, benefits, and working conditions.

Work permits also help enforce labour regulations regarding working hours, and safety standards.

There are several specific types of work permits in countries like America and Canada that are more beneficial for students.

Post-graduation work permits (PGWP): This open work permit allows international students who have graduated from a Canadian-designated learning institute to gain work experience in Canada for up to 3 years after graduation, without requiring a job offer. The key benefits include:

Ability to work full-time.
Freedom to choose any employer and job, even if the candidate has done unrelated coursework.
Head start on gaining valuable work experience.

Curricular practical training (CPT) and optional practical training: For students in the U.S., CPT allows part-time work during studies related to the student’s major, while OPT provides 12 months of work authorisation after graduation, which can be extended to 36 months for STEM graduates. These provide opportunities to gain U.S. work experience.

The above work permit programs are not typically for minors but for undergraduates and postgraduates to provide them with strategic support in their academic and professional domains.

Conclusion

In conclusion, there are several restrictions stated by UNCRC and other related conventions for minors to have work permits. Different countries have their policies concerning the granting of work permits to minors. But those regulations comply with the framework given by the international conventions. In India, there are schemes initiated to help poverty-stricken populations and prevent the illegal employment of children. Also, the article portrays the positive spectrum of the work permit in various countries.