One of SAI’s goals in the recent revision of the SA8000 Standard was to allow more flexibility and to better reflect the reality of work, while simultaneously upholding human rights for all.
One such change was to introduce the concept of “legally working children” into the Standard. While this may sound like a violation against child labor, in fact, there are a variety of cases where children may engage in some form of work legally and with full protection of their rights.
As stated by the ILO: “Not all work performed by children is child labour.” ILO Convention No. 182 defines child labor as “Work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.” This includes work that is harmful or interferes with schooling or the opportunity to play. Work that does not deprive children in these ways can be a valuable part of development, helping them gain skills, contribute to their families, and prepare for their futures.
“Not all work performed by children is child labour.”
ILO
Photo by Vincent Leyva on Unsplash
Types of Legally Working Children
SA8000:2026 recognizes four categories of acceptable work for children, all of which require additional protection to ensure children are safe and supported.
- Young workers – The Standard defines anyone under the age of 18 as a child (aligned with international law). However, the general minimum working age in international law is 15. Thus, young workers are children from ages 15-17 who are employed. In countries where the minimum age for work is higher than 15, that higher age prevails. For example, in a country where the legal minimum working age is 16, only 16–17-year-olds can be considered young workers under the Standard.
Young workers are subject to additional labor protections that don’t apply to adult workers. These include limitations on working hours, the types of work they may perform, and the settings where they may work. See SA8000:2026 Criterion D1.3 for full details.
- Children Engaged in Light Work – Children aged 13 and 14 may also engage in some work according to international law (ILO Convention 138). For this group, there are more restrictions on the permitted hours and work settings than for young workers. Most significantly, work for children in this age group may not exceed 4 hours per day and 14 hours per week—the standard for “light work.” In some countries, light work is permitted beginning at age 12. See SA8000:2026 Annex A. Definition #15 for full details.
- Help in a Family Setting – It is widely recognized that children of all ages may help with certain household chores and other family activities beginning at very young ages without causing them harm or deprivation. This can also be true in family businesses, especially where there is not a clear division between household and economic labor. To ensure that very small family businesses can meet the Standard, and to avoid labeling typical household chores as child labor, SA8000:2026 allows for children of any age to help in a family setting, so long as their work is age appropriate and does not jeopardize school attendance, time for play, or other developmental needs. This type of work must be supervised by an immediate family member to ensure it is not misused. See SA8000:2026 Annex A. Definition #15 for full details.
- Children Working in Entertainment – While the above categories cover most cases, there has been recognition in some local laws, union agreements, and other frameworks that a different standard applies to children working in entertainment. While it poses unique risks—such as requiring unusual hours, use of unusual contract types that have sometimes led to long-term exploitation, and potential for large compensation packages to be mishandled—this type of work is often different from others in that children may wish to simultaneously pursue their personal passion as both a hobby, and as a form of employment. To allow children of all ages to pursue work in entertainment while addressing the unique risks, SA8000:2026 describes a different set of requirements for this category. See SA8000:2026 Annex A. Definition #15 for full details.
Principles for the Protection of Children and Young Workers
SA8000:2026 defines six principles for the protection of children, which includes both working and non-working children. As with all clauses, these principles represent fundamental rights inherent to all children, rather than specific requirements at the workplace level.
D1. Protection of Children and Young Workers – Principles
- Children have the right to be protected from child labor.
- Children, including young workers, have the right to support their basic needs.
- Children, including young workers, have the right to physical, mental, spiritual, moral, and social development.
- Children, including young workers, have the right to pursue an education, free from any work that deprives them of the opportunity to attend school.
- Children, including young workers, have the right to fair treatment, safety, and special protection in employment.
- Children, including young workers, have the right to be heard and represented in the workplace.
Importantly, both working and non-working children in workplaces (such as children in creches, work-provided educational facilities, and family businesses) have a right to have their voice heard and represented in the workplace. This means that formally employed children—young workers, children engaged in light work, and children working in entertainment—have the same rights to freedom of association and collective bargaining as other workers. It also means the requirements of SA8000:2026 Clause M2 (Worker Involvement and Integration) apply to all legally working children (including children helping in a family setting) and that requirements of Clause M3 (Stakeholder Involvement and Integration) apply to non-working children that are relevant to the organization.
Do you have questions about how to interpret SA8000:2026? Contact sa8000@sa-intl.org. We may answer your question in our next post.
