الحماية القانونية لتشغيل الأطفال

Abstract EN

The normal situation of the child is his presence in the school, but his employment is an abnormal situation that was initiated only in response to the utmost necessity, and because of the weak legal status of the child during his employment;so the Algerian legislator make a special and strict protection, to prevent any exploitation of him, these texts are the first form of legal protection for a child, and there is also a requirement of the minimum age for admission to employment.

The legislator has defined it as 16 years and for the international conventions it has been defined by 15 years, this age allows the child to practice some labors, but he is not allowed to have a labors in a dangerous or hard situations or conditions.

So, we need to take into account certain procedures stipulated by the law for the child to join the work, including obtaining a pre-license from his guardian or his legal representative, subjecting him to a prior medical examination, and the legislator shall make all rules relating to the employment of children in the public order in the hand to be violated, and any contract of employment contrary to the legal provisions shall be void.

However, despite the legal provisions that appear to be sufficient to address the phenomenon of child labor, the reality is going in the opposite direction, and the reason for this is due to the weakness of the administrative body responsible for following up the application of labor legislation and its inability to keep abreast of social developments, in order to give a strict enforce to child labor.