Law materials for law students and teaching staffs

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Dr John Garang Memorial University of Science and Technology(DR.JGMUST)
Jonglei State- Bor
College of Management Sciences
2. Minimum working age
 No person is allowed to engage or permit the engagement of any child under the age of 14 years to perform any
work whether the child is an employee or not.
 This section shall not apply to work done by children in school for educational or vocational training.
 However, a child of 12 years may be engaged to perform light work provided the work is not harmful to the
child’s health or safety and does not interfere with the child’s attendance at school or vocational training.
Section 12 of the Labour Act, 2017: Minimum Working Age
 This section shall apply to all forms of work performed by children, whether or not the child is an employee.
 Subject to the provisions of sub-section (3) this section, no person shall engage or permit the engagement of a
child under the age of 14 years to perform works defined under section 13 as worst forms of work in this Act.
 The prohibition established under sub-section above shall not apply to children’s work in school or in other
training institution for educational or vocational purposes, if such work is carried out in accordance with
conditions prescribed by the Minister, after consultation with the Council, and is an integral part of:
a) a course of education or training for which a school or training institution is primarily responsible;
b) a programme of training approved by the Minister; or
c) a programme of orientation designed to facilitate the choice of an occupation or of a line of training.
1. Without prejudice to the provisions of section 25 of the Child Act, 2008, and in line with this section, a
child who has attained the age of twelve years may be engaged to perform light work, provided that such
work:
a) is not harmful to the child’s health or safety, or the child’s moral or material welfare or development;
and
b) Does not interfere with the child’s attendance at school, participation in vocational orientation or
training programmes approved by the Minister or the child’s capacity to benefit from instruction
received.
 Following consultation with registered trade unions and Employers Association and on advice from the
Council, the Minister shall determine the activities in which employment or work may be permitted under sub-
section (4) and shall prescribe the number of hours and the conditions of such work.
 No person shall engage or permit the engagement of a child under the age of eighteen years to perform
hazardous work.
 Following consultation with registered trade unions and Employers Association and on advice from the
Council, the Minister may issue regulations authorizing the engagement of children who have attained the age
of sixteen years to perform specified categories of Hazardous Work, provided that:
 special measures are taken to ensure that the child safety and health, and the child moral and material welfare
and development, are protected;

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 the child receives adequate specific instructions or vocational training for the work to be performed;
 the number of hours and conditions of such hazardous work shall be as prescribed by regulations.
 Following consultation with registered trade unions and employers Association and on advice from the
Council, the Minister may establish a system by which a person might obtain a permit to engage a child under
the age of fourteen years for such purposes as participation in artistic performances.
 The permits provided for in sub-section (8) shall be granted on an individual basis and shall prescribe the
conditions and limited number of hours under which the employment is to be allowed.
3. Worst form of child labor
 Child Labour, according to section 5 of the Child Act 2008 means, “Child labour” is work undertaken by a child
that in some way harms or exploits him or her, whether physically, mentally, morally, or by preventing him or
her from education.
 Every child has the right to be protected from exposure to economic exploitation and child labour.
(2) For the purposes of this section, “child labour” includes—
a) work and activities related to mining and quarrying;
b) portage of heavy loads and storage;
c) heavy agricultural labour;
d) construction work;
e) work in industrial undertakings;
f) work in places where heavy machines are used;
g) work in places such as bars, hotels and places of entertainment, where a person may be exposed to immoral
behaviour;
h) work in electricity, gas, sanitary and water works;
i) service with the police, prison or military forces;
j) night work which constitutes work between the hours of six o’clock in the evening to six o’clock in the
morning;
k) driving or touting in vehicles;
l) herding which jeopardizes the interest of the child;
m) any type of sexual work; and
 tobacco production and trafficking.
 (3) Subject to the provisions of section 25 (2), the minimum age for the admission of a child to a paid
employment shall be fourteen years.
 (4) The minimum age for the engagement of a child in light work shall be twelve years which constitutes work
that is not likely to be harmful to the health or development of the child and does not affect the child’s
attendance at school or the capacity of the child to benefit from school. (5) A child engaged in a paid
employment, has the right to be paid fairly, work reasonable hours in accordance with their age and capabilities,
have at least 24 hours weekly mandatory leave, annual leave and to take regular recreational breaks.
 (6) No employer shall engage a child in employment without satisfactory proof of the child’s age.
 (7) The Government shall undertake to provide for an appropriate regulation of hours and conditions of
employment for a child and penalties or other sanctions to ensure the effective enforcement of this section.
 (8) The Government shall undertake to ensure that employers of a child strictly adhere to the following
requirements—
(a) maintain registers containing the names of children employed, ages, salaries, commencement dates of
employment, assigned duties, working hours, duration of breaks and annual leave;
(b) display in a highly visible place, the terms and conditions of the employment;

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(c) inform employees who are children of all professional hazards and precautionary measures to protect them from
accidents and profession-induced illness.
(9) Any person or organization which has a reasonable suspicion that a child is engaged in an industrial undertaking,
shall report such an activity to the Ministry of Labour, Public Service and Human Resource Development.
Worst Forms of Child Labour
 Worst forms of child labour is work which by its nature or the circumstances is likely to harm the safety, health
or morals of a child.
 Any person who engages a child under 18 years in hazardous work is guilty of the worst form of child labor.
 The worst form of child labor includes:
 All forms of slavery practices like sale and trafficking of children, forced or compulsory recruitment of
children in armed conflict, forced or compulsory labor,
 The use, procurement or offer of a child for prostitution, for production of phonography or phonographic
performances.
Section 13 of the Labour Act, 2017: Worst Forms of Child Labour
1. No person shall engage or permit the engagement of a child under the age of eighteen years in any
hazardous work, which constitutes the worst forms of child labour.
2. The worst forms of child labour shall include:
a) all forms of slavery or practices similar to slavery, such as sale and trafficking of children, debt
bondage and serfdom, forced or compulsory labour, and forced or compulsory recruitment of children
for use in armed conflict;
b) the use, procurement or offer of a child for prostitution, for the production of pornography or for
pornographic performances;
c) the use, procurement or offer of a child for illicit activities, in particular for the production and
trafficking of drugs as defined in international treaties as ratified by the government;
d) Work, which by its nature or circumstances in which it is carried out, is likely to harm the health,
safety or morals of the child.
3. The Government shall design and implement programmes to eliminate the worst forms of child labour,
prevent the engagement of children in such labour and:
a) provide the necessary and appropriate direct assistance for the removal of children from the worst
forms of child labour and for their rehabilitation and social integration;
b) ensure access to free basic education, and wherever possible and appropriate, vocational training, for
all children removed from the worst forms of child labour;
c) identify and reach out to children at risk; and
d) take account of the special situation of girls.
4. Complaints of alleged contraventions of this section may be made to the Labour Inspectorate or the police.
4. Right to privacy
 Privacy refers to personal information like identity, health status, home, age, secrets, income/salary,
communications etc.
 An employer should not disclose any personal information of the employee without his express consent. An
employer should not divulge personal information to any person information related to an employee without his
written consent.

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Central Bureau of Investigation & Anr v. UIDAI (2014): the CBI moved(requested) the High Court to order the
UIDAI to share with it biometric details of everyone enrolled in Goa to help in the investigations of a 14 months old
rape case. The high Court granted the CBI access to the agency’s database. UIDAI argued before the Supreme Court
that its database was for civilian purposes and could not be shared without consent under the agency’s data sharing
and privacy policy. The apex Court held that the petitioner was restrained from transferring any biometric
information of a person who had been allotted an aadhaar number without his consent in writing.
Section14 of the Labour Act, 2017: Right to Privacy
1. During the course of selecting, appointing, engaging or employing an employee, or following the
termination of an employee’s contract, an employer or Private Employment Agency shall not:
a) collect any personal data that is irrelevant to the inherent requirements of the position;
b) cause or permit any personal data collected to be accessed or disseminated for reasons other than those
for which it was originally collected or as otherwise provided by law; or
c) store any Personal data related to an employee for a longer period than is required for the specific
purpose for which such data was collected.
2. An employer shall have the right to access personal data pertaining to that employee that is held by another
employer or Private Employment Agency and to request removal or correction of irrelevant or inaccurate
data.
3. An employer may establish rules and limits on, or prohibit the use of the employer’s information
technology for personal purposes.
4. The use of remote surveillance facilities at the workplace for the purposes of monitoring is prohibited.
5. Without prejudice to sub-section (4) above, the employer may use remote surveillance facilities at the
workplace for the protection and safety of persons and property, or as part of the productive process, in
which case the employer shall inform employees of the existence and the purpose of such facility.
5. Disputes regarding fundamental rights at work
If there is any dispute about the interpretation or application of the rights at work, any party to the dispute may
report the dispute in writing to the commission for conciliation. If the dispute remains unresolved following
conciliation, any party to the dispute may appeal to the Labor Court for adjudication. (See section 15 of the Labour
Act, 2017.
(a) Collective Bargaining:
 Collective bargaining is a voluntary process through which employers and workers negotiate and discuss their
relations for instance, terms and conditions of work.
 Participants include employers themselves or their organizations, and trade unions, or their representatives
freely chosen by them. Collective bargaining can only function effectively if it is conducted freely and in good
faith.
 Bargaining in good faith aims at reaching mutually acceptable collective agreements.
 These agreements are enforceable in a court of law.
 Any dispute relating to the collective agreement should be first resolved through conciliation. If the dispute
remains unresolved, to resolve it through arbitration.
 A collective agreement must be signed by every party to the agreement and lodged with the office of the Labor
Commissioner within thirty days of its conclusion for registration.
a) Legal effects of registered collective agreements:
 A collective agreement takes legal effect upon the date of registration.
 A registered collective agreement binds all parties to it.

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b) A collective agreement essentially regulates:
 terms and conditions of employment e.g. wages, bonus rates and all other conditions of employment,
 the conduct of the employers in relation to their employees or the conduct of the employees in relation to
their employers.
(b) Minimum wage pay in South Sudan.
 Minimum wage pay is the lowest wage permitted by law or by a special agreement such as one with a labor
union. The minimum wage pay in South Sudan was SSP 300 but currently adjusted to SSP 600. The law
requires employers not to pay any employee below the minimum wages created by the law. Schedule 1of the
Taxation Act 2009 provides that the minimum wage in South Sudan shall be SDG 300.
 Though this has been amended and the current minimum wage is SSP 600. Any employee receiving SSP 600 as
his/salary is exempted by law from payment of PIT to the GOSS. The Parliament has amended this law in 2022
and increased the minimum weight to SSP 2,000.
 According to Section 50 of the Labour Act, 2017, the labor advisory committee recommends to the government,
the review, adjustment and fixing of the minimum wage /salary based on the following factors:
1) The basic needs of the employees;
2) The general level of wages/salaries in the country;
3) The cost of living and changes in such cost;
4) The level of productivity.
(c) Safety, health and welfare at workplace.
 The law, especially section 110 of the Labour Act, 2017 requires all employers to ensure that their employees
are safe at the workplace.
 The workplace and system of work must be reasonably safe for employees.
 Any breach of this obligation attracts liability on the part of the employers.
 The employer must ensure employees safety in the following ways:
Employer must provide competent staffs for duties undertaken
(General Cleaning Contractors v. Christmas); The complainant, Mr. Christmas, was a window cleaner who had
worked for the defendant, General Cleaning Contractors, for 20 years. He was working on a cleaning contract of a
building, which consisted of upper and lower areas, and this required him to clean from the inside and then go out
onto a sill to clean the other areas. When Mr. Christmas was cleaning, his fingers got trapped between the frames of
the two sashes when it shut unexpectedly, which caused him to lose his balance and fall, suffering injuries. The
plaintiff sued the defendant company for damages. The Court held the company liable for injuries to the plaintiff.
The company appealed to the Court of Appeal. The General Cleaning Contractors argued that Mr. Christmas was a
window cleaner with 20 years of experience in the trade and he should have recognized the risk from the sach
windows before this accident happened.
Held: the appeal was dismissed. Although it was not common for it to happen, it was known that sash windows had
the potential to slip and close unpredictably. The defendants as an employer had not provided a safe system of work
for their employee, Mr. Christmas. It should not be down to individual workers to identify and take precaution
against dangers in the workplace and the employer has a duty to provide safety instructions. Thus, an employer
should always take reasonable care to provide a safe system of work for their employees, whether they have years of
experience or not.
Must ensure good behavior (Hudson v. Ridge Manufacturing, 1957);
Facts of the case

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The claimant was an employee of the defendant and was injured at work as the result of a prank from a fellow
employee. The employee concerned was known to the employer to have a reputation for playing tricks and pranks
on fellow employees and had been told to stop this kind of behavior on numerous occasions because it may result in
harm. On the day in question, the employee got hold of the claimant and forced him to the ground, injuring the
claimant’s wrist. The claimant claimed against the employer.
Issue
The issue here was whether an employer held a duty of care to ensure that their employees were safe at work,
including ensuring that other employees did not pose a risk of harm.
Held: t was held that the claimant’s injury was caused by the employer’s failure to put a stop to the persistent
behavior of the other employee. The employer was under a duty to its employees to ensure that such risks were not
present in the workplace. The employer’s duty extended to ensuring that the behavior of the employee stopped, and
if the employee did not stop behaving in the complained of manner, removing the employee.
1. Must provide safe plant and equipment and properly maintains it (Smith v. Baker);
2. Must take reasonable steps to provide safe premises (Latimer v. AEC);
Latimer v AEC [1953]AC 643 House of Lords
The claimant worked in the defendant's factory and slipped up on the factory floor. The factory
had become flooded due to adverse weather conditions. The defendants had put up warning signs
mopped up and placed sawdust in the most used places to make it as safe as possible. The plaintiff
slipped and injured in the ankle when he tried to lift a barrel into a trolley. The trial judge held that
there had been a breach of duty as the defendants should have closed the factory if it was unsafe.
Holding by the Court:
There was no breach of duty. There was no duty to close the factory. The defendant only had to take
reasonable precautions to minimize the risk which they had done. There was no need to go to great
expense to eliminate any possible risk and thus no obligation to close the factory.
Must create and implement safe system:
 Ensure safe system carried out (Bux v. Slought Metals);
 Must meet dangers (General Cleaning Contractors v. Christmas).
Section 110, Labour Act, 2017: Duty to Ensure Safety, Health and Welfare at Workplace
1. An employer shall ensure safety, health and welfare at workplace for all the employees.
2. Without prejudice to the generality of sub-section (1) above, an employer shall be responsible for:
a) provision and maintenance of good order of any plant, system or procedure of work by ensuring that
such plant, system and procedure are safe to the employees at the workplace;
b) taking reasonably practicable measures to ensure safety and the absence of risk to health in connection
with the use, handling, storage and transport of any article and substance;
c) provision of such information, instruction, training and supervision as is necessary to ensure the safety
and health at work of every employee, including regular training on the requirements of safety, health
and welfare policy adopted in accordance with provisions of Section 111 of this Act;
d) prevention of contamination at workplace by protection of any employee from toxic gas, noxious
substance or material likely to cause risk to safety or health;
e) taking reasonable practicable measures to provide and maintain a safe working environment for
employees or other persons present at workplace and provision of clean drinking water;

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f) informing and educating employees of any risk from new technologies;
g) ensuring that employees participate in the application and review of safety and health measures; and
h) Generally inform and consult employees and their representatives on all questions related to workplace
health and safety.
3. When determining what is reasonably practicable for the purposes of the employer duty under sub-section
(1) above, the following shall be taken into consideration:
a) the likelihood of occurrence of any hazard or risk at workplace;
b) harm that may result if such hazard or risk occurred;
c) what the employer knew or ought to have known about the hazard or risk and any ways of eliminating
or reducing such hazard or risk; and
d) The availability, suitability and cost of ways to eliminate or reduce the hazard or risk.
e) An employer who fails to comply with a duty imposed under this section violates the provisions of this
Act.
An employer should ensure safety, health and welfare at workplace for all employees by taking the following steps:
 Provision and maintenance of any plant, system or procedure of work;
 Provision of information, instruction, training and supervision of all employees to ensure safety and health
of all employees at workplace;
 Prevention of contamination of employees from gas, toxic, noxious substances at workplace;
 Providing and maintaining a safe working environment and provision of clean drinking water;
 Informing and educating employees of any risk from new technologies;
 All employers and employees should, in law, comply with all the safety and health measures at workplace.
Employee Duty to Comply with Safety, Health and Welfare Measures:
Section 112 of the Labour ACT, 2017 provides that “An employee shall comply with all measures implemented by
the employer in accordance with the employer duties under Sections110 and 111 of this Act.”
(2) The requirements of sub-section (1) above include but not limited to, using such safety appliances, fire-fighting
equipment and personal protective equipment provided by the employer in compliance with employer instructions.
(3) Repeated failure by an employee to comply with the requirements of sub-section (1) above may be grounds for
termination of employment contract in accordance with provisions of Section 72 and 73 of this Act.
Obligations to report and prevent exposure to hazard:
Section 114 of the Labour Act, 2017: Exposure to Imminent Hazard
(1) An employer shall take immediate steps to stop any operation or activity and evacuate all employees present, if
there is an imminent and serious danger to safety and health of employees.
(2) If an employee has reasonable grounds to believe that there is an imminent and serious danger to life, safety or
health at workplace, such employee shall immediately report the fact to the immediate supervisor and depart from
the situation of hazard.
(3) An employer shall not dismiss or take disciplinary action with regards to an employee who has departed from a
situation of hazard as provided in sub-section (2) above.

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(4) An employer shall not require an employee to resume work in circumstances where there is a continuing
imminent and serious danger to life, safety or health of such employee.
The Non-Delegable Duty of Employers in Wilson v Clyde Coal Co. v English:
Must provide competent staff for duties undertaken (General Cleaning Contractors v Christmas): Employees must
be competent for duties they undertake (General Cleaning Contractors Ltd v Christmas (1953)).
a) so must ensure good behaviour (Hudson v Ridge Manufacturing). Employer must ensure good behaviour of
staff, and dismiss if necessary – compare Hudson v Ridge Manufacturing Co. (1957)
Must provide safe plant and equipment:
b) and properly maintain it (Smith v Baker);
c) Must take reasonable steps to provide safe premises (Latimer v AEC). Employer must take such steps as are
reasonable to make premises safe.
Must provide safe system of work:
 must create and implement safe system;
 and ensure system carried out (Bux v Slough Metals);
 must meet dangers (General Cleaning Contractors v Christmas);
 Cannot rely on unsafe system just because common practice (re: Herald of Free Enterprise).
Defenses available to the employer when an employee is injured at workplace:
1. Volenti non-fit injuria: a Latin phrase meaning a “voluntary assumption of risk, or no injury can be done to a
willing person.” Volenti means a worker is said to have consented to risks of work. Where an employer pleads
this defense, he is in effect saying that the employee knew and consented to taking the risk complained of. This
defense is possible if the agreement was free from pressure or coercion (ICI v. Shatwell.), and the
claimant/employee was the sole cause of injury (Ginty v. Belmont Building Supplies Ltd) but not for breach of
a statute. The Claimant was replacing asbestos when he fell through a roof. The Defendant employer had
instructed the Claimant to use boards because the roof was unsafe, but the Claimant had failed to do so. Both
parties were in breach of the Building (Safety, Health and Welfare) Regulations 1948 which placed obligations
on the employer and employee. This defense is possible if agreement free from pressure (ICI v Shatwell).
2. Contributory negligence:
a) It is a possible defense to any injury. A court may reduce damages by 50% if an employee contributed to
own injury (Jones v. Livox Quarries Ltd).
b) Damages may be reduced when worker contributed to own injury (Jones v Livox Quarries Ltd);
c) 100% reduction possible (Jayes v IMI (Kynoch) Ltd).
International Labor Conventions on labor/employment Law
A Convention is a conference attended by many people from different countries to discuss specific issues of
concern. Here agreements are made and signed. The world has laid down some rules through international Labor
Organization(ILO) to regulate international labor standards. The Headquarters of ILO is located in Geneva,
Switzerland. The governing body of the international labor office has identified eight conventions as fundamental to
rights of human beings at work, irrespective of the development of each member state. These rights are a
precondition for all the others in that they provide a necessary framework from which to strive freely for the

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improvement of individual and collective conditions of work. The following are the ILO’s fundamental
Conventions:
The ILO Declaration on Fundamental Principles and Rights at Work, adopted in June 1998, highlights these set of
core labor Principles endorsed by the international community.
The Declaration covers four main areas for the establishment of a social “floor” in the world of work:
● Freedom of association and the effective recognition of the right to collective bargaining;
● The elimination of all forms of forced or compulsory labor;
● the effective abolition of child labor;
● the elimination of discrimination in respect of employment and occupation.
Embedded in the ILO Constitution, these principles and rights have been expressed and developed in the form of
specific rights and obligations in Conventions recognized as fundamental both within and outside the Organization.
The ILO Declaration on Fundamental Principles and Rights at Work applies to all States belonging to the ILO,
whether or not they have ratified the core Conventions.
These ILO Conventions have been identified as fundamental, and are at times referred to as the core labor standards:
1. FREEDOM OF ASSOCIATION AND THE EFFECTIVE RECOGNITION OF THE RIGHT TO
COLLECTIVE BARGAINING (:Freedom of Association and Protection of the Right to Organize
Convention, 1948 No. 87), (Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
 The right to freedom of association is found under the ILO conventions, Freedom of Association and protection
of the right to organize Convention 1948(No.87), and Right to organize and Collective Bargaining Convention,
1949(No.98).
 All workers and all employers have the right to freely form and join groups for the support and advancement of
their occupational interests.
 This basic human right goes together with freedom of expression and is the basis of democratic representation
and governance.
 People need to be able to exercise their right to influence work-related matters that directly concern them. In
other words, their voice needs to be heard and taken into account.
 Freedom of association means that workers and employers can set up, join and run their own organizations
without interference from the State or one another.
 Along with this right is the responsibility of people to respect the law of the land. However, the law of the land,
in turn, must respect the principle of freedom of association.
 These principles cannot be ignored or prohibited for any sector of activity or group of workers.
 The right freely to run their own activities means that workers’ and employers’ organizations can independently
determine how they best wish to promote and defend their occupational interests.
 This covers both long-term strategies and action in specific circumstances, including recourse to strike and lock
out.
 They can independently affiliate with international organizations and cooperate within them in pursuit of their
mutual interests.
Voluntary collective bargaining is a process through which employers – or their organizations – and trade unions
or, in their absence, representatives freely designated by the workers discuss and negotiate their relations, in
particular terms and conditions of work. Such bargaining in good faith aims at reaching mutually acceptable
collective agreements. The collective bargaining process also covers the phase before actual negotiations –
information sharing, consultation, joint assessments – as well as the implementation of collective agreements. Where

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agreement is not reached, dispute settlement procedures ranging from conciliation through mediation to arbitration
may be used. To realize the principle of freedom of association and the right to collective bargaining in practice
requires, among other things:
 a legal basis which guarantees that these rights are enforced;
 an enabling institutional framework, which can be tripartite or between the employers’ and workers’
organizations;
 the absence of discrimination against individuals who wish to exercise their rights to have their voice heard,
and;
 acceptance by employers’ and workers’ organizations as partners for solving joint problems and dealing
with mutual challenges.
The aim of the recognition of the principle of freedom of association is a means of improving the conditions of labor
and of establishing peace (please refer to the preamble of the constitution of the ILO, 1948).
The Convention (Freedom of Association) give workers and employers the following rights and freedoms:
a) the right to join organizations of their own choosing without previous authorization(Art. 2).
b) To draw up their constitutions and rules, to elect their representatives in full freedom, to organize their
administration and activities.
c) The public authorities shall refrain from any interference which would restrict this right or impede the lawful
exercise thereof.
d) Local authorities have no power and cannot dissolve the workers and employers’ organization(art. 4).
e) The worker and employers with their organizations should respect the laws of the land.
f) The formal ratification of the convention should be communicated to the Director General of the International
Labor office for registration.
g) The convention is binding only upon members of the ILO whose ratifications have been registered with the
DG.
Right to Organize and Collective Bargaining Convention (No. 98)
1. Adopted: 1 July 1949 Entered into force: 18 July 1951:
2. Workers shall enjoy adequate protection against acts of antiunion discrimination in respect of their
employment.
3. Such protection shall apply more particularly in respect of acts calculated to:
a) make the employment of a worker subject to the condition that he shall not join a union or shall
relinquish trade union membership;
b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of
participation in union activities outside working hours or, with the consent of the employer, within
working hours.
ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR
 Forced labor occurs where work or service is exacted by the State or by individuals who have the will and
power to threaten workers with severe deprivations, such as withholding food or land or wages, physical
violence or sexual abuse, restricting peoples’ movements or locking them up. For example, a domestic worker
is in a forced labor situation where the head of a household takes away identity papers, forbids the worker to go
outside and threatens him or her with, for instance, beatings or nonpayment of salary in case of disobedience.
 The domestic worker may also work for an unbearably low wage, but that is another matter.
 If he or she were free to leave, this would not amount to forced labor but to exploitation.
 Another example of forced labor arises where villagers, whether they want to or not, have to provide substantial
help in the construction of roads, the digging of irrigation channels, etc., and where government administrators,

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police officers or traditional chiefs brandish a credible menace if the requisitioned men, women or children do
not turn up.
 Bonding workers through debts is, in fact, a widespread form of forced labor in a number of developing
countries. Sometimes it originates with a poor and illiterate peasant pledging labor services to an intermediary
or a landowner to work off a debt over a period of time.
 Sometimes the obligation is passed on from one family member to another, even down to children, and from
one generation to another.
 The labor service is rarely defined or limited in duration, and it tends to be manipulated in such a way that it
does not pay off the debt.
 The worker becomes dependent on the intermediary or on the landowner and labors in slave-like conditions.
The threat and, indeed, the occurrence of violence or other penalties for failing to work turns an economic
relationship – one-sided as it is to start with – into a forced labor situation. Labor trafficking can give rise to
forced labor.
 One way in which traffickers tend to put themselves into a threatening position is to confiscate the identity
papers of the person they move for employment purposes. Another is to trap people through indebtedness by
cash advances or loans.
 Traffickers may also resort to kidnapping, notably of children.
 At any rate, traffickers, the persons linked to them or the employers at the point of destination, give their
victims no choice as to what work to perform and under which conditions. Intimidation can range from
revealing the victim’s illegal status to the police, to physical assault and sexual abuse.
 The right of the workers to be protected from forced labor is guaranteed by the Forced Labor Convention (No.
29) which was adopted on 28 June 1930 and entered into force on 1 May 1932.
Article 2 of the Convention provides:
1. For the purposes of this Convention the term “forced or compulsory labor” shall mean all work or service which
is exacted from any person under the menace of any penalty and for which the said person has not offered himself
voluntarily.
2. Nevertheless, for the purposes of this Convention, the term “forced or compulsory labor” shall not include:
a) any work or service exacted in virtue of compulsory military service laws for work of a purely military
character;
b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-
governing country;
c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided
that the said work or service is carried out under the supervision and control of a public authority and that
the said person is not hired to or placed at the disposal of private individuals, companies or associations;
d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or
threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases,
invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the
existence or the wellbeing of the whole or part of the population;
e) minor communal services of a kind which, being performed by the members of the community in the direct
interest of the said community, can therefore be considered as normal civic obligations incumbent upon the
members of the community, provided that the members of the community or their direct representatives
shall have the right to be consulted in regard to the need for such services.
Abolition of Forced Labor Convention (No. 105). Adopted: 25 June 1957 Entered into force: 17 January
1959.
Article 1

12. 12
Each Member of the International Labor Organization which ratifies this Convention undertakes to suppress
and not to make use of any form of forced or compulsory labor:
a) as a means of political coercion or education or as a punishment for holding or expressing political
views or views ideologically opposed to the established political, social or economic system;
b) as a method of mobilizing and using labor for purposes of economic development;
c) as a means of labor discipline;
d) as a punishment for having participated in strikes;
e) as a means of racial, social, national or religious discrimination.
EFFECTIVE ABOLITION OF CHILD LABOUR
 Children enjoy the same human rights accorded to all people.
 But, lacking the knowledge, experience or physical development of adults and the power to defend their own
interests in an adult world, children also have distinct rights to protection by virtue of their age.
 One of these is protection from economic exploitation and from work that is dangerous to the health and morals
of children or hampers the child’s development.
 The principle of the effective abolition of child labor means ensuring that every girl and boy has the opportunity
to develop physically and mentally to her or his full potential.
 Its aim is to stop all work by children that jeopardizes their education and development. This does not mean
stopping all work performed by children.
 International labor standards allow the distinction to be made between what constitutes acceptable and
unacceptable forms of work for children at different ages and stages of development.
 The principle extends from formal employment to the informal economy where the bulk of the unacceptable
forms of child labor are found.
 It covers family-based enterprises, agricultural activities, domestic service and unpaid work carried out under
various customary arrangements such as children working in return for their upkeep.
 To achieve the effective abolition of child labor, governments should fix and enforce a minimum age or ages at
which children can enter into different types of work. Within limits, these ages may vary according to national
social and economic circumstances.
 However, the general minimum age for admission to employment should not be less than the age of completion
of compulsory schooling and never be less than 15 years. In some instances, developing countries may make
exceptions to this, and a minimum age of 14 years may be applied where the economy and educational facilities
are insufficiently developed.
 Certain types of work categorized as “the worst forms of child labor” are totally unacceptable for all children
under the age of 18 years, and their abolition is a matter for urgent and immediate action.
 These forms include such inhumane practices as slavery, trafficking, debt bondage and other forms of forced
labor; prostitution and pornography; forced recruitment of children for military purposes; and the use of
children for illicit activities such as the trafficking of drugs. Dangerous work that can harm the health, safety or
morals of children are subject to assessment by governments in consultation with workers’ and employers’
organizations.
 A key characteristic of any effective strategy to abolish child labor is the provision of relevant and accessible
basic education.
 However, education must be an integral part of a wide range of measures that combat many factors, such as
poverty, lack of awareness of children’s rights and inadequate systems of social protection, that give rise to
child labor and allow it to persist.
Minimum Age Convention (No. 138). Adopted: 26 June 1973 Entered into force: 19 June 1976
 The aim of this ILO Convention is to abolish child labor and determine a minimum age for admission to
employment.

13. 13
 The convention requires all member states to lay down a national policy to ensure the effective abolition of
child labor and to raise the minimum age for admission or work to a level consistent with the fullest physical
and mental development of young persons.
 The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of
completion of compulsory schooling and, in any case, shall not be less than 15 years.
Article 3
 The minimum age for admission to any type of employment or work which by its nature or the circumstances in
which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than
18 years.
 Worst Forms of Child Labor Convention (No. 182). Adopted: 17 June 1999 Entered into force: 19 Nov. 2000.
 The aim of this convention is the prohibition and elimination of the worst form of child labor, taking into
account free basic education and the need to remove the children concerned from all such work and to provide
for their rehabilitation and social integration while addressing the needs of their families.
 It also aims to complement the and implement the Convention on the Right of the Child adopted by the UN
General Assembly 1989.
 Article 1 of the convention defines a “child” as all persons under the age of 18 years.
Article 3
a) For the purposes of this Convention, the term “the worst forms of child labor” comprises: all forms of slavery
or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced
or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;
b) (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for
pornographic performances;
c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of
drugs as defined in the relevant international treaties;
d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or
morals of children.
Article 7 1.
Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the
provisions giving effect to this Convention including the provision and application of penal sanctions or, as
appropriate, other sanctions.
2. Each Member shall, taking into account the importance of education in eliminating child labor effective and time-
bound measures to:
a) prevent the engagement of children in the worst forms of child labor;
b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of
child labor and for their rehabilitation and social integration;
c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all
children removed from the worst forms of child labor;
d) identify and reach out to children at special risk; and,
e) take account of the special situation of girls.
3 Each Member shall designate the competent authority responsible for the implementation of the provisions
giving effect to this Convention.

14. 14
Article 8
Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention
through enhanced international cooperation and/or assistance including support for social and economic
development, poverty eradication programmes and universal education.
Article 9
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labor
Office for registration.
Article 10
1. This Convention shall be binding only upon those Members of the International Labor Organization whose
ratifications have been registered with the Director-General of the International Labour Office. 2. It shall come into
force 12 months after the date on which the ratifications of two Members have been registered with the Director-
general. 3. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its
ratification has been registered.
Article 11
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on
which the Convention first comes into force, by an act communicated to the Director-general of the International
Labor Office for registration. Such denunciation shall not take effect until one year after the date on which it is
registered.
ELIMINATION OF DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION
 Discrimination at work can occur in many different settings, from high-rise office buildings to rural villages,
and in a variety of forms.
 It can affect men or women on the basis of their sex, or because their race or skin color, national extraction or
social origin, religion or political opinions differ from those of others. Often countries decide to ban distinctions
or exclusions and forbid discrimination on other grounds as well, such as disability, HIV status or age.
 Discrimination at work denies opportunities to individuals and deprives society of what those people can and
could contribute.
 Eliminating discrimination starts with dismantling barriers and ensuring equality in access to training, education
as well as the ability to own and use resources such as land and credit.
 It continues with fixing conditions for setting up and running enterprises of all types and sizes, and the policies
and practices related to hiring, assignment of tasks, working conditions, pay, benefits, promotions, lay-offs and
termination of employment. Merit and the ability to do a job, not irrelevant characteristics, should be the guide.
Discrimination in employment or occupation may be direct or indirect.
 Direct discrimination exists when laws, rules or practices explicitly cite a particular ground, such as sex, race,
etc. to deny equal opportunities. For instance, if a wife, but not a husband, must obtain the spouse’s consent to
apply for a loan or a passport to participate in an occupation, this would be direct discrimination on the basis of
sex.
 Indirect discrimination occurs where rules or practices appear on the surface to be neutral but in practice lead to
exclusions.
 Requiring applicants to be a certain height could disproportionately exclude women and members of some
ethnic groups, for example.

15. 15
 Unless the specified height is absolutely necessary to perform the particular job, this would illustrate indirect
discrimination.
 Equality at work means that all individuals should be accorded equal opportunities to develop fully the
knowledge, skills and competencies that are relevant to the economic activities they wish to pursue.
 Measures to promote equality need to bear in mind diversity in culture, language, family circumstances, and the
ability to read and to deal with numbers. For peasants and owners of small or family enterprises, especially
women and ethnic groups, equal access to land (including by inheritance), training, technology and capital is
key.
 In the case of both employees and self-employed or (own-account) workers, non-discrimination at work
depends on equal access to quality education prior to entering the labor market. This is of chief importance for
girls and disadvantaged groups.
 A more equal division of work and family responsibilities in the household would also permit more women to
improve their work opportunities.
Equal Remuneration Convention (No. 100). Adopted: 29 June 1951 Entered into force: 23 May 1953
 The purpose of this convention was to adopt a principle of equal remuneration for men and women workers, for
work of equal value.
Article 1
For the purpose of this Convention:
a) the term “remuneration” includes the ordinary, basic or minimum wage or salary and any additional
emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the
worker and arising out of the worker’s employment;
b) the term “equal remuneration for men and women workers for work of equal value” refers to rates of
remuneration established without discrimination based on sex.
Article 2
1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration,
promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of
equal remuneration for men and women workers for work of equal value.
2. This principle may be applied by means of:
a) national laws or regulations;
b) legally established or recognized machinery for wage determination;
c) collective agreements between employers and workers; or,
d) a combination of these various means.
Differential rates between workers which correspond, without regard to sex, to differences, as determined by such
objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal
remuneration for men and women workers for work of equal value.
Discrimination (Employment and Occupation) Convention (No. 111). Adopted: 25 June 1958 Entered into force: 15
June 1960
The aim of this convention is to prohibit discrimination in the field of employment and occupation. All human
beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual
development in conditions of freedom and dignity, of economic security and equal opportunity.

16. 16
Article 1 of the convention defines “discrimination” as
a) any distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion,
national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity
or treatment in employment or occupation;
b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation as may be determined by the Member concerned
after consultation with representative employers’ and workers’ organizations, where such exist, and with
other appropriate bodies.
1. Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements
thereof shall not be deemed to be discrimination.
2. For the purpose of this Convention the terms “employment “and “occupation “include access to vocational
training, access to employment and to particular occupations, and terms and conditions of employment.
Article 3
Each Member for which this Convention is in force undertakes, by methods appropriate to national conditions and
practice:
a) to seek the co-operation of employers’ and workers’ organizations and other appropriate bodies in
promoting the acceptance and observance of this policy;
b) to enact such legislation and to promote such educational programmes as may be calculated to secure the
acceptance and observance of the policy;
c) to repeal any statutory provisions and modify any administrative instructions or practices which are
inconsistent with the policy;
d) to pursue the policy in respect of employment under the direct control of a national authority;
e) to ensure observance of the policy in the activities of vocational guidance, vocational training and
placement services under the direction of a national authority;
f) to indicate in its annual reports on the application of the Convention the action taken in pursuance of the
policy and the results secured by such action.
Article 4
Any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the
security of the State shall not be deemed to be discrimination, provided that the individual concerned.
Prepared by:
Matiop Wuoi Kuai
LLM (University of Dar es Salaam School of Law, LLB (University of Juba)
Lecturer, Dr. John Garang Memorial University of Science & Technology
Member of South Sudan Bar Association, Member of Legal Aid Centre, University of Dar es Salaam
Head of Criminal Litigation, Advocate & Legal Consultant- Awatkeer Law Chambers
Opposite London Cafeteria-Tombura road, Tombura House off University of Juba Road, Juba
E-mail Address: kuaiwuoi2014@gmail.com
Website: www.awatkeerlaw.com, info@awatkeerlaw.com