Chapter 4 Employment of Young Workers
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Chapter 4
Employment of Young Workers
Section 44. An Employer shall not employ a child under fifteen years of age as an Employee.
Section 45. In the case of employment of a young worker under eighteen years of age, the Employer shall comply with the following:
(1) notify a Labour Inspector regarding the employment of a young worker within fifteen days of the young worker commencing work;
(2) prepare a record of employment conditions in case of a change, taken place to be kept at the place of business or at the office of the Employer available for inspection by a Labour Inspector during working hours; and
(3) notify the Labour Inspector regarding the termination of employment of a young worker within seven days from the date of young worker being dismissed.
The notification or the record under paragraph one shall be in accordance with the forms prescribed by the Director-General.
Section 46. An Employer shall provide a rest period for a young worker of not less than one consecutive hour after the Employee has worked for not more than four hours; and during the period of such four hours, the young worker shall have rest periods as fixed by the Employer.
Section 47. An Employershall not require a young worker under eighteen years of age to work between 22.00 hours and 6.00 hours unless written permission is granted by the Director-General or a person entrusted by the Director-General.
The Employer may require a young worker under eighteen years of age who is a performer in film, theatre or other similar acts to work during such hours; provided that the Employer shall provide the young worker with proper rest periods.
Section 48. An Employershall not require a young worker under eighteen years of age to work overtime or to work on a Holiday.
Section 49. An Employershall not require a young worker under eighteen years of age to perform any of the following work:
(1) metal smelting, blowing, casting or rolling;
(2) metal pressing;
(3) work involving heat, cold, vibration, noise and light of an abnormal level which maybe hazardous as prescribed in the Ministerial Regulations;
(4) work involving hazardous chemical substances as prescribed in the Ministerial Regulations;
(5) work involving poisonous microorganisms which maybe a virus, bacterium, fungus, or any other germs as prescribed in the Ministerial Regulations;
(6) work involving poisonous substances, explosive or inflammable material, other than work in a fuel service station as prescribed in the Ministerial Regulations;
(7) driving or controlling a forklift or a crane as prescribed in the Ministerial Regulations;
(8) work using an electric or motor saw;
(9) work that must be done underground, underwater, in a cave, tunnel or mountain shaft;
(10) work involving radioactivity as prescribed in the Ministerial Regulations;
(11) cleaning of machinery or engines while in operation;
(12) work which must be done on scaffolding ten metres or more above the ground; or
(13) other work as prescribed in the Ministerial Regulations.
Section 50. An Employer shall be prohibited to require an Employee who is a youth under eighteen years of age to work in any of the following places:
(1) a slaughterhouse;
(2) a gambling place;
(3) arecreation place in accordance with the law governing recreation places;
(4) any other place as prescribed in the Ministerial Regulations.
Section 51. An Employer shall be prohibited from demanding or receiving a security deposit for any purpose from a young employee.
The Employer shall be prohibited to pay wages of the young employee to any other person.
Where the Employer pays money and any other benefit to the young employee, the parent or guardian of the young employee or other persons before employment, at the commencement of employment, or before the due time of wage payment in each period, that payment shall not be deemed as the payment or receipt of wages for the young employee. The Employershall be prohibited to deduct such money or such benefit from the wages to be paid to the young employee in the specified time.
Section 52. For the purpose of the development and promotion of the quality of life and employment of young people, a young worker under eighteen years of age shall be entitled to take Leave for attending meetings or seminars, obtaining education or training; or Leave for another matter, which is arranged by an academic institute, or a government or private agency approved by the Director-General; provided that the young worker shall notify the Employer in advance stating clearly the reason for the Leave and presenting relevant evidence, if any; and the Employer shall pay Wages to the young worker equivalent to the Wages of a Working Day throughout the period of Leave, but not exceeding thirty days per year.
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