SECTORAL DETERMINATION 10

 WHAT EVERY PARENT NEEDS TO KNOW

All child performers in South Africa's film industry must comply with Sectoral Determination 10

WHAT IS THE SECTORAL DETERMINATION 10

Sectoral Determination 10 in South Africa refers to the regulations governing the employment of children in the performance of advertising, artistic, and cultural activities. This determination outlines specific guidelines and conditions for the employment of children in these sectors, ensuring their safety, well-being, and protection.

BASIC CONDITIONS OF EMPLOYMENT ACT

The provisions of the Basic Conditions of Employment Act apply to children and employers covered by this Determination in matters not specifically addressed by the Sectoral Determination 10.

WHAT IS A WORK PERMIT FOR CHILDREN

In South Africa, a work permit for children is a legal document that allows minors to work in the film industry , under certain conditions. This permit ensures compliance with regulations set out in Sectoral Determination 10, prioritizing the child's safety, education, and well-being.

The permit typically requires:

  • Parental consent
  • Approval from relevant authorities
  • Compliance with labour regulations
  • Specifications on working hours, conditions, and duration

REGULATIONS AND CONSEQUENCES

In South Africa, children under 15 cannot work without specific permits and exemptions. Consequences of a child working without a work permit include:

  • Legal penalties for the production, agents, and parents
  • Potential harm to the child's health and well-being
  • Exploitation and abuse risks

Parents should ensure compliance with labour laws by requesting a copy of the work permit from production before the child arrives on set

The Basic Conditions of Employment Act together with the Sectoral Determination 10 regulate child labour for film in South Africa, prioritizing children's safety, education, and protection.

CHILD PERMIT REQUIREMENT

Employers seeking to employ children under 15 in advertising, artistic or cultural activities must obtain a permit from Department of Labour.

Key Aspects

  • Compliance: Producers granted a permit must adhere to the conditions outlined in Sectoral Determination 10
  • Regulations on Working Hours and Conditions: Guidelines on the permissible working hours, breaks, and conditions for child performers.
  • Safety and Welfare: Provisions for ensuring the health, safety, and welfare of child performers during productions.
  • Parental Consent: Requirements for obtaining parental consent and supervision for child performers.
  • Education and Development: Considerations for the education and development of child performers, ensuring their participation in the industry does not compromise their well-being or future opportunities.

These regulations aim to balance the needs of the film industry with the protection and well-being of child performers. By governing the employment of children in these sectors, Sectoral Determination 10 helps prevent exploitation and ensures compliance with South African labor laws

PARENTAL RESPONSIBILITY

Parents should be pro-active to ensure the Sectoral Determination 10 is being adhered too. This will ensure their child's well being and rights are being protected In an unregulated industry, children are protected by the regulations set out in the Sectoral Determination 10 and require work permits to work.

  • Understand labor laws: Familiarize themselves with regulations governing child labor.
  • Ensure proper permits: Obtain necessary work permit from production before the child arrives on set.
  • Choose reputable agents: Ensure your agent is familiar with the regulations for children in film who will follow regulations set out in Sectoral Determination 10, protecting the child from exploitation.
  • Choose reputable productions: Research production companies and verify their track record.
  • Parent/Guardian supervision: The minor child should always have a parent/legal guarding supervising at all times.
  • Child minder: Child minder ensures the regulations of the sectoral determination adhered too
  • Monitor working conditions: Ensure safe and healthy working environments.
  • Set boundaries: Establish limits on work hours, types of roles, and exposure.
  • Prioritize education: Ensure film work doesn't compromise their child's education.
  • Seek support: Connect with SABAG
Children in Film

PARENTS NOT PERMITTED ON SET

If production informs you that parents are not permitted on set, here's a step-by-step guide on what to do:

Know the regulations: Familiarize yourself with Sectoral Determination 10, which governs child labor in the film industry.  Understand your rights and the child's protections under South African labor laws.

Assert parental rights: As a parent or guardian, emphasize your responsibility to ensure the child's safety and well-being. Request an explanation for the production's policy.

Request clarification: Ask production to provide written clarification on their policy, citing specific reasons and referencing relevant regulations.

Seek support: Connect with SABAG to understand the implications of this policy and potential actions.

Report Incident: The violation of the Sectoral Determination 10 should be reported to SABAG

Prioritize child's safety: The child's safety is compromised, consider withdrawing them from production. The child's well-being and safety should take precedence.

Key points to emphasize:

  • Sectoral Determination 10 requires parental supervision or presence on set for child performers.
  • Production's policy may violate labor regulations and compromise child safety.
  • Reporting incidents ensures accountability and protects child performers' rights.

By following these steps, you can advocate for the child's safety and well-being while ensuring compliance with relevant regulations.

IMPORTANCE OF OFFICIAL CHILD MINDERS

Official child minders play a crucial role on film sets, ensuring the well-being and safety of child actors.

Their importance includes:

  • Childcare expertise: Providing specialized care and attention to child performers.
  • Safety supervision: Monitoring the child's environment to prevent accidents or harm.
  • Emotional support: Offering comfort and reassurance to help children cope with filming demands.
  • Regulatory compliance: Ensuring adherence to labor laws and regulations regarding child performers.
  • Parental liaison: Communicating with parents, keeping them informed about their child's well-being.
  • Facilitating production: Helping the director and crew manage the child's needs, allowing for smoother filming and minimizing disruptions.

Official childminders on set, help create a safe and supportive environment, allowing child actors to thrive during filming while also facilitating the production process.

Government Gazette 8020 Sectoral Determination 10