152 million child workers

June 12 is World Day Against Child Labor and according to International Labor Organization, there are 152 million child workers. When we consider the concept of child from a legal point of view, it can be defined as a person who has not completed his physical, mental, social, psychological and moral development because he is under a certain age determined by law, and therefore needs special protection.

As there are differences in capacity, skills and needs between the periods of "childhood” and “youth" in the notion of child labor, these terms should be separated from each other and different provisions appropriate to these needs should be stipulated. The clearest distinction and definition in this matter is made in the European Union Directive 1994/94/33/EC on the Protection of Young People at Work. The Directive defines the terms “child”, “young“ and “adolescent" separately. Pursuant to Article 3 of this Directive, young refers to any person under 18 years of age, child refers to any person under 15 years of age, or any person under 15 years of age who is currently under compulsory full-time education pursuant to national legislation, and adolescent refers to young workers at least 15 and at most 18 years of age and who are not subject to compulsory full-time education pursuant to national legislation.

In Turkish Labor Law, in Labor Law No. 4857, the concepts of child and young workers are used in accordance with the above-mentioned directive. However, the definition of these concepts is not included in the law but in the "Regulation on Procedures and Principles for the Employment of Children and Young Workers" dated 6.4.2004. Accordingly, young worker refers to the person who has completed the age of 15, but not the age of 18. (Reg.art.4) And child worker is defined as "the person who has completed the age of 14, but has not completed the age of 15, and has completed primary school”.

In international sources, a distinction is made according to the nature of the work performed by child's as “child exploitative and non-exploitative”. In this respect, all kinds of work performed by child is not necessarily seen as harmful to him/her, and even some of them are considered beneficial for his/her development. But in today's labor market, child labor is abused in this sense, because this work is a kind of work that hinders child from living his/her childhood, prevents access to his/her rights including education, and harms his/her physical and psychological development.

The International Labor Organization defines these works which are considered harmful for children as follows: “works that place a heavy load on the child; works that endanger his/her health and safety; works that takes advantage of the child's vulnerability, works that exploit the child as a cheap substitute for adult labor; works that use the child's labor but do not provide any benefit for the development of the child, works that hinder his education or upbringing and thus his future.”

And in Turkish law, in Article 71 of the Labor Law, following the regulation prohibiting the employment of children under the age of 15, it is stipulated that children who have completed the age of 14 and have completed primary education may be employed in "light work" which will not prevent their physical, mental and moral development and the continuation of their education if they are in school.

According to Article 71 of the Labor Law No.4857 titled "Age of Employment and Age of Children Employment", "the employment of children under the age of 15 is prohibited…" Therefore, the age of general employment for children subject to Labor Law is full 15 years.

With regards to the children who are not subject to the Labor Law, Article 173 of the Public Health Law no.1593 is applied, because there is no regulation by Obligations Law. According to the said provision, “It is prohibited to employ all children under the age of twelve in all kinds of artisan institutions such as factories and workshops, and in mining works as workers and apprentices.” This is one of the exceptional cases stated in Article 4 of the Labor Law.

In addition to the working age-based regulation in law, age limit is determined differently by law for some specific situations, and it is stipulated that children and young persons can in no way be employed in some works.

What is meant by light work?

Article 67 of the Labor Law No. 475 titled "Age of Employment and Age of Employment of Children", states that the employment of children under the age of 15 is prohibited, and the law no. 4857 states “…children who have completed the age of 14 and have completed primary education may be employed in light work which will not prevent their physical, mental and moral development and the continuation of their education if they are in school.”

Hazardous/very hazardous works:

Employment age for these works are full 16 years of age.

According to Occupational Health and Safety Law Article 17 paragraph 3, “Those who cannot prove that they have received vocational training related to their work cannot be employed in works classified as hazardous and very hazardous where vocational training is mandatory”. According to the provision, all persons working in hazardous and very hazardous class works including children and young workers are obliged to receive vocational training.

Another regulation in our law stipulating the prohibition of employment for persons under the age of 18 is included in Article 176 of the Law on Public Health. Accordingly, “It is prohibited to employ men and women under the age of eighteen in bars, cabarets, dance halls, coffee-houses, casinos and baths by Local municipalities.” In the doctrine, it is acknowledged that the places are not limited to the ones listed in this provision and should be applied to similar places, too. Pursuant to Article 12 of the Law No.2559 on Duties and Competencies of the Police, “Without prejudice to statutory exceptions, persons under the age of 18 may not be employed in places open for public and which cannot be opened without permit, and which are for purposes of entertainment, gaming, drinking and similar purposes”, which confirms this opinion.

“Night employment of children and young workers under the age of eighteen in industrial work is prohibited”

On the other hand, it has been judged that child and young workers cannot be employed by some employers, which is on point. These are those who are convicted of crimes against children and convicted of disgraceful offense.

Working Hours of Child Workers

In the Labor Law No. 4857 and the related regulation, “shortened working times" are stipulated for child workers: “Working hours of children who have completed primary education and are out of school cannot be more than seven hours a day and thirty-five hours a week. However, for children over the age of 15, this period may be increased to eight hours per day and forty hours per week.” Daily and weekly working hours of the children attending school were regulated differently. “Working hours of the children who attend school can be maximum two hours a day and ten hours a week during educational year and outside class hours. Working hours during periods when the school is closed shall not exceed the periods stipulated in the first paragraph above.”

The provisions of Article 173/2 of the Law on Public Health shall be applicable in terms of working hours of children and young workers subject to the Code of Obligations. Accordingly, “Boys and girls aged twelve to sixteen cannot be employed for more than eight hours per day.” Accordingly, children and young persons under the age of 16 who are subject to the Code of Obligations cannot be made to work more than eight hours a day; and for those older than 16 years, this restriction will not apply.

SANCTIONS ON EMPLOYING CHILD WORKERS:

Legal Sanction

The provisions of the labor legislation on the protection of child workers are of mandatory nature. For this reason, despite the prohibition, there is no legal sanction if a person was employed under the age of 15, but has fulfilled the relevant age requirement at the time of the finding out of this situation.

Administrative Sanction

Enterprises that do not comply with the minimum working age prohibition and working periods are subject to an administrative fine of about 1800.

Penal Sanction

Employers employing child workers may also face criminal sanctions if they violate some of the mandatory rules stipulated in the labor legislation. According to the Turkish Penal Code, the offense of death or injury to child workers resulting from occupational accidents and occupational diseases constitutes the crime of negligent death or wounding, which brings with it the imprisonment and judicial fines specified in the law.

In conclusion, States that are parties to the conventions should protect children in their own countries in accordance with the United Nations Convention on the Rights of the Child in accordance with the "principle of the best interests of the child" and should take relevant measures and make necessary regulations.