The Basic Conditions of Employment Act of 1997 (the BCEA) states the following:
Section 43 – Prohibition of employment of children:
- Who is under 15 years of age; or
- Who is under the minimum school-leaving age in terms of any law, if this is 15 or older.
- That is inappropriate for a person of that age;
- That places the child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk.
A person who employs a child in contravention of subsection (1) or (2) commits an offence.
Employees must therefore be 15 years and older to be legally employed. Employers may therefore appoint any employee who is 15 years and older.
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