Cámara Argentina de Empresarios Mineros (CAEM)
Child Labor
Caring for the most precious
From the Argentine Chamber of Mining Entrepreneurs we understand that caring for children is an obligation of all society, and we work to eradicate child labor in all productive sectors. For this reason, we are part of the NETWORK OF COMPANIES AGAINST CHILD LABOR, a space that generates and supports programs for its prevention and eradication.
What is called child labor?
Child labor is understood as any economic activity or survival strategy, paid or unpaid, carried out by people who are below the minimum age for admission to employment (16 years).
What is called teenage work?
Adolescent work is understood as work carried out by people aged 16 and 17. The national legislation protects adolescent work, which is regulated in Chapter VIII of the Labor Contract Law and the absolute prohibition applies performed in environments or dangerous, arduous or unhealthy conditions. In addition, the day must not exceed 6 hours a day and overtime and night hours are prohibited.
What penalties apply to an employer who has children working?
The laws provide for three types of sanctions that are not mutuallyexclusive:
a) Administrative sanction of an economic nature, which, according to Law No. 26,940, for being a very serious infraction, corresponds to a fine equivalent to the amount between 50% to 2000 % of the Minimum Living and Mobile Wage for each child who is working.
b) From 1 to 4 years in prison as established in Article 148 bis of the Penal Code of the Nation.
c) Social / economic condemnation that implies the incorporation of the offending employer to the Public Registry of Employers with Labor Penalties (REPSAL), as established in Article 3 of Law No. 26,940.
What does the law say about work in the “family business”?
The law introduces an article, 189 bis, referring to the family business, which indicates that the person over 14 and under 15 (16 years old, as of 05/25/10) may be employed in companies whose owner be your father, mother or guardian, provided that the following requirements are met:
- That he does not work more than 3 hours a day or 15 a week.
- Do not perform painful, dangerous or unhealthy tasks.
- That complies with school attendance.
- That it has the due authorization granted by the labor administrative authority of the jurisdiction.
It should be noted that the explained exception will not be authorized when by any link or act, or through any of the forms of productive decentralization, the family business is economically subordinate, or is a contractor or supplier of another company.
WHAT TO DO IN DETECTED CHILD LABOR SITUATIONS?
In situations of child labor, you can contact CONAETI at the national level: Av. Leandro N. Alem 628, floor 5, CABA. Telephones: (011) 4310 5814/6362 Email: conaeti@trabajo.gob.ar. At the provincial level, you must contact the corresponding COPRETI.
Source: https://www.caem.com.ar/trabajo-infantil/