Chapter 3 employment of adolescent

1. Welcome to our
Presentation
Course Name: Industrial Law
Course No-MGT-221
University of Barisal

2. Chapter 3
Employment of Adolescent

3. SL Name ID No
1 MD. SHOURAV TALUKDER 16MGT-006
2 RAMISA ANNAN (GL) 16MGT-007
3 TASNUBA BINTE MAHTAB 16MGT-008
4 BIVASH KUNDU 16MGT-009
5 SAGAR KUMAR 16MGT-010
Group Name: The Team

4. Section 34:
Prohibition of Employment of Children and Adolescent:
1. No child shall be employed to work in any establishment.
2. No adolescent shall be employed to work any establishment, Unless__
a) A certificate of fitness in the prescribed form granted to him by a registered
medical practitioner.
Observation From The Industry:
According to the project director of Sonargaon textile LTD__
No child is usually employed in the industry. But when we asked them they
replied that sometimes in emergency cases, they employ children in their
industry. Even though they denied that there is no child worker in the
industry but we observed there were 2-3 child inside the workplace.

5. Section 35:
Prohibition of Certain Agreement with Regard to Children:
 According to the provisions of this chapter no person being the parent or guardian of a
child shall made an agreement to allow the service of the child.
 In this section, ‘guardian’ includes any person having legal custody of or control over a
child.
Observation From The Industry:
They do not make any agreement with the parent or guardian of a children before
appointing them for any work.

6. Section 36:
Dispute with Regard to Age:
If any question arises as to whether a person is a child or an adolescent, it shall be
resolved by his birth certificate, school certificate or certificate issued by a registered
physician.
Observation From The Industry:
No certificate is given to them on the basis of which the employers can identify
if the person is a child or an adolescent.

7. Section 37:
Certificates of Fitness:
1. On the application of any adolescent or his parent or guardian or the employer of an establishment, a
registered medical practitioner shall examine such person as to whether such young person is fit to
work and ascertain his fitness for work in an establishment.
Observation From The Industry:
No certificate of fitness is issued by them to the workers.

8. Section 38:
Power to Require Medical Examination:
Power to Require Medical Examination is mentioned in section 38.

9. Section 39:
Declaration of List of Hazardous Work and Prohibition of
Employment of Adolescent in Certain Work:
1. The government shall declare the list of hazardous work from time to time.
2. No adolescent shall be allowed to give employment in such work which has
been declared by the government as hazardous.
3. No adolescent shall be appointed in any establishment to clean lubricate or
adjust any part of machinery while that part is in motion.
Observation From The Industry:
Sub-section (3) they do not permit any adolescent to clean, lubricant or adjust any
moving machineries.

10. Section 40:
Employment of Adolescent on Dangerous Machines or Hazardous
Work:
1. No adolescent shall work at any machine unless__
a) He has been fully instructed of the dangers arise by the machine and the precautions to be observed.
b) Sufficient training in work at the machine or is under adequate supervision of a person who has
knowledge and experience of the machine.
2. This section shall apply to such machine as the government declare by notification that the machine of such
dangerous character then the adolescent shall not to work at them unless the recruitments mentioned in sub-
section (1) are complied.

11. Observation From The Industry:
They give proper training to the workers before engaging them in any kind of hazardous
work. Permanent workers trained by the professional trainers and temporary workers and
new comers for one or two hours are trained by the permanent and skilled workers.

12. Section 41:
Working Hours for Adolescent:
1. No adolescent to work in any factory or mine more than five hours in a day and thirsty
hours in any week.
3. No adolescent shall be allowed to work between the hours of 7 p.m. and 7 a.m.
4. Total number of hours worked including overtime__
a) Thirty six hours in a week in any factory or mine.
8. No adolescent shall work in more than one establishment on any day.

13. Observation From The Industry:
(1) According to law no adolescent can work more than 5 hours in a day. But in the
industry we observed that workers are working daily 8 hours
(2) Basically workers are not permitted to work from 7pm-7am.
But in the industry we noticed that the workers are working from 9am-9pm.
2 more hours than the prescribed time in the law.
(4) The total number of hours worked by a worker is 72(8+4=12*6) hours in a week.

14. Section 42:
Prohibition of Employment of Adolescent in Underground and Under
Water Work:
1. No adolescent shall be employed in any underground or underwater.

15. Section 43:
Notice of Periods of Work for Children:
1. In every establishment adolescent worker shall be laid down by rules, a notice of
specified period of work.
2. The period shown in the notice under sub-section (1) shall be fixed beforehand in the
manner laid down for adult workers
4. The govt. may be rules prescribe the form of such notice and the manner in which it
shall be maintained.
.
Observation From The Industry:
When we asked them about such kind of notice__
They do not provide any notice of periods of work for children

16. Section 44:
Exception in Certain Cases of Employment of Children or Handicapped
Children:
1. A child who has completed 12 years may be employed in such a light work, which is not
dangerous of his health and development or shall not interfere with his education.
3. No handicapped worker shall be employed in dangerous machine or hazardous worker.
Observation From The Industry:
We observe that a child worker usually receives all the facilities or he is treated
similarly as an adolescent working in that industry.
We also notice that they don’t employ or allow any handicapped worker to work
any dangerous machineries or hazardous works.

17. FINDINGS:
Overall we observed that some of the laws are implemented in the industry and some are not
because of some crucial situations.