Introduction
There are many differences in the way that children are made to perform work in different parts of the ways and in different ways. Some of these works may have high difficulty level and may have high demand while the others appear to be full of hazards and even morally incorrect. There are many activities that the children need to be performed and at different levels.
The definition of child labor is diverse. All the activities performed by children cannot be put under child labor and need not be put under jurisdiction for purposes of elimination (What is child labor (IPEC), 2016). . The works performed by children or even adolescents, which do not create unfavorable effects on their health and development at personal or professional levels, or does not create hamper in their schooling, are not taken as abuse and can be taken as rather favorable for them. This may include functions as like parental helping, assistance in family businesses or the earning of pocket money that are done outside the hours of school and in the school holidays (Laborrights.org, 2016). These activities would rather create a favorable environment for the child by helping in their development and welfare of all the related communities and their families. This also helps in their experience and skills, and also in the preparation of being more productive citizens of the country and the society as a whole, when they grow up.
Thus, the concept of child labor is the deprivation of childhood of children, their rights, and required legislations. There is also potential deprivation of potential and dignity, which may create harm to the mental and physical chances of development of the children (Definition of CHILD LABOR, 2016).
The scope of child labor is thus referred to works that are:
- Dangerous in mental, physical, social or moral terms for the children
- Interfering with children schooling
- Depriving in terms of the opportunities for the attending of school
- Obligatory for the children for leaving school practices
- Requiring the exemption of combined school attendance because of excessive work that may be long and heavy.
Taking the form of the most recent terms, the involvement of child labor comprises of enslavement and separation from the families, with exposure to situations that are hazardous and illness inspiring. The children may be left out for finding themselves in streets of larger cities and forages of early development. There are many factors that determine the existence or non-existence of child labor for a given period. The factors that determine includes the age of the child, type and work hours performed for the work type, the performance conditions for all the works and the individual nation’s objectives regarding child labor and issues. Since the policies vary as per the countries, the state and facts related to child labor are also diversified as per the nation.
Factors making the child labor issue a complex task
Human resource is the most important resource that a state possesses. As crucial as it is to manage the other forms of resources, addressing issues of this human resource is crucial. Child Labor issues and its management are an important issue not only in one part of the world but globally. Be it developing or developed countries, child labor issues are a hot topic in today’s corporate world. While the growth of the world population and the desire of people to earn more has made the availability of child labor easier, the following factors have made child labor management a tough task (Dubai's child labor complicity, 2013):
1. Mishandling of Labor issue:
Child labor issues are sensitive issues. Improper handling of these issues, by both the laborers and the authority, has contributed to problems of conflict of interests, dampening the relation between employer and laborer and unhealthy practices in the factory. Various child labor issues are arising in various parts of the world including UAE.
For instance: Proper wage rate system for child workers, Facilities in factories, post contract benefits, etc.
2. Poor Implementation of laws and regulations:
Formulation of proper laws and regulations is an adequate but not sufficient condition for effective child labor practices. Child labor laws in most of the parts of the world are well made; however, the execution is where the attention lacks.
For instance: There are adequate provisions preventing child labor in UAE. However, the implementation part is very weak.
3. Underestimation of Collective Bargaining:
The systematic process based on which the labor unions and the employer negotiate the scope of the employment relationship is collective bargaining. Collective Bargaining is underestimated in many parts of the world including UAE.
4. Malpractice of industrial democracy at the workplace:
Most of the organizational decisions are supposed to be made by the white-collar employees. However, it is equally important for the blue level employees to have a say in the overall decisions concerning the whole organization. This kind of practice is an ill practice of industrial democracy, which acts against provisions safeguarding child rights.
5. Unfair Labor Practices:
Some practices of child labor themselves create a problem for the existence of a suitable environment for working in the factory.
The unfair labor practices affecting the employer include:
• Bargaining without the employees’ authority;
• Violating another trade union’s bargaining authority;
• Interfering with employers’ organizations;
• Organizing on employer’s premises, and
• Encouraging illegal work stoppages.
The issues of child labor that exist in especially UAE and still need to be addressed can be summarized as:
•There is the predetermined provision of working hours, leaves, and benefits for child laborers but it differs with the difference in the nature of the business and the government services.
•Still there is unfair labor practice including bonded labor, which is excluded in the book of law.
•The right to strike is provided, but the long process needs to be followed- the party arranging for the strike out need to go through the legal process of 66 days during which a balloting system needs to be adopted in a secret manner with a minimum of 60% result in favor. But there is only seven days’ notice enough for employers to lock out the business. No one bears the picketing right.
•There is no impressive way by which the employers can be punished committing the misconduct mentioned in the law.
•Contract labor is a serious issue in this regard.
•There, not proper coverage by law to protect the right and welfare of the child agricultural laborers.
•It is mentioned in the law about equality between men and women; still it has to be implemented.
The issues mentioned above are as evident in UAE or even worse conditions. There are various provisions in the Labor Act that address these various issues. Child labor laws in UAE are a set of rules and regulations that prevent exploitation of laborers, strengthen the relation between laborer and employer and promote the overall welfare.
Some of the related provisions are in the Labor Act are:
1. The females and minors can be engaged in the duty between 6 am to 6 pm, except in the prescribed conditions.
2. In any Enterprise where work may be an interrupt, no one has got right to put the employees on the duty of more than 5 hours continuously. There must be a provision of at least half an hour interval for lunch or tiffin. If the work has to be carried out without interruption, the provision of such interval must be made on the rotational basis. Such intervals must be included in the daily working hours.
3. One has the right to file a petition in case an employer deducts the remuneration or delays the payment for work in an undue manner. This provision equally applies to the facilities and benefits.
4. Provisions Relating to Health and Safety
5. Provisions on collective bargaining
6. Provisions relating to the right to trade union.
In the case of contract labor, even Contract Act comes to play an important role.
Addressing the issues of child labor is the need of the hour. Both proactive and reactive approaches are necessary to adapt to handle these issues. The steps to be taken can be summarized in the following points:
a) Proper practice of labor union to refrain from use of child labor:
Trade unions must operate within the Labor Act rules of fair conduct. Labor unions and the industries can reap the maximum benefits if they both function under their jurisdictions and maintain a give and take relation. Proper consideration of child labor and other factors of labor should also be considered. This consideration will enable to reduce or prevent the use of child labor in the industry or organization.
B) Right implementation of laws and regulations regarding child labor:
The formulation of laws and regulations is not enough. The implementation of such laws in addressing issues such as child labor, inadequate wage rates, unsuitable working hours, and physical, mental as well as sexual exploitations is more important. There are minors working in various industries as labors. A proper inspection, monitoring and penalty system is mandatory. The proper rule for monitoring such behaviors will help to determine the ethical nature of the work being done as well as prevent any further damage related to health and fairness in the workplace.
C) Respect to collective bargaining for betterment of child laborers:
A trade union can only try to bargain with an employer if it is a bargaining agent for the employees concerned. It is not enough that it be a trade union. The employer, as well as the trade union, shall consider the need and importance of the collective bargaining.
A first and very quick action to be taken is stopping the ongoing attacks on collective bargaining systems. The collective bargaining system supports the employers as well as the union to bring changes about such crucial issues.
D) Exercise of Industrial Democracy for promoting rights of child laborers:
Industrial Democracy encompasses various issues ranging from having rights of laborers in taking decisions of the organizations that equally concern them to operating in an influence-free environment. The influence free environment means operating in a working condition where no political or any other form of power exists. The organization should also make the laborers feel that they are a part of the organization. Thus, the industrial democracy can help the workers to bring forward their ideas regarding violation of their rights, insufficient wage rates, or any form of exploitation.
If the question of what could be the solution for creating a safer place for child laborers arises, the only answer will be- Investment. Investment creates opportunities, knowledge, technology and capital and utilization of natural resources. However, problems faced by prospective internal and external investors, for approval at state levels and implementation, at employee levels, have blocked investment opportunities in the sector of child development in (The National, 2013). It is important for the perceptions of employees involved at approval and implementation levels to change for strengthening the process of economic reforms. Such employees need to be made aware regarding the significance of approving such investments which will solve several major issues for workers. This will bring investment opportunities to work in the sector of child development in the country. Education is the only and a very powerful tool to reduce the alarming nature of the issue.
Thus, the labor practices need to be improved in various parts of the world. Reforms are necessary on the side of the organizations as well as the trade unions. It is a two-way street. Without the collaboration of both parties, effective and fair labor system cannot be practiced. Formulation and implementation of policies should be done keeping these factors in mind. The organization and trade union relationship plays a vital role in tackling the child labor issue.
Such labor practices have become an easy means to get the menial works done at lower cost. The solution of the issue is better educational opportunity by the state in order to prevent child labor as a result of poor financial conditions as well as to develop a productive workforce. The education must not be centered to abolishing child labor rather it should act as a means to eradicate poverty, raise awareness regarding their rights, and ensure social protection at the local level. The impact of educational opportunity must be sustainable for a long time.
The financial deprivation also leads several children to work under hazardous conditions. So, the governmental can initiate to resolve the issue by providing stipends or grants. The financial ability of the family will play a crucial role in changing the number of child labor entering into the market.
As there are several conditions mentioned under the Labor Act, the provision to execute those standards must be made. It can only be possible through the interrelationship between trade union and employers in an organization. But the governmental can intervene by making sanctions such as fees, fines, and penalties in case of violation of the standards.
Conclusion
This global issue can be handled intricately by the trade unions who work towards the welfare of the workers. The greater number of unions will ensure to protect the child labor and will be aware regarding the actual working inside the workforce (Stop Child Labour - child labor free zones, 2016). It can be risky to revolt through the trade unions creating several brutal consequences and further unfair treatments.
The public opinion can also bring about change in the attitude towards child labor. If more people understand the adverse effect of child labor on the children, then more people will work towards eradicating the issue. People will not support such treatment of children in several workplaces. The public also has the power to demand even tougher restrictions and policies from the government to protect and ensure both the physical and mental health of the children.
Thus, it is the collective work of the employees, trade unions, government and the public to solve the issue of child labor which hampers the children’s right as well as health. The government might not be able to intervene in developing countries due to poor financial conditions, but the public can help to change the attitude of employees in hiring the children. On the part of the government, the policies made by incorporating the rights of children must be executed.
References
Laborrights.org. (2016) Child Labor | International Labor Rights Forum. Laborrights.org. Retrieved 21 March 2016, from http://www.laborrights.org/issues/child-labor
The National. (2013). Children found working illegally, UAE ministry reveals | The National. Thenational.ae. Retrieved 21 March 2016, from http://www.thenational.ae/news/uae-news/children-found-working-illegally-uae-ministry-reveals
Definition of CHILD LABOR.(2016). Merriam-webster.com. Retrieved 21 March 2016, from http://www.merriam-webster.com/dictionary/child%20labor
Dubai's child labor complicity. (2013). Human Rights Watch. Retrieved 21 March 2016, from https://www.hrw.org/news/2013/05/03/dubais-child-labor-complicity
Stop Child Labour - child labour free zones. (2016). Stop Child Labour. Retrieved 21 March 2016, from http://www.stopchildlabour.eu/
What is child labour (IPEC).(2016). Ilo.org. Retrieved 21 March 2016, from http://www.ilo.org/ipec/facts/lang--en/index.htm
