Protecting young workers: Child labor regulations in the EU and US

In 2021, the number of children reported in child labor rose to a staggering 160 million worldwide, with global efforts to prevent this stalling for the first time in 20 years. In countries all over the world, children are often involved in hazardous work due to financial difficulties, familial challenges, poor work opportunities, natural disasters, and cultural expectations, to name a few.  

In this article, we explore the history and risks of child labor, the regulations Europe has in place to mitigate child labor, and how the United States protects young workers from harm.  

What is child labor?

UNICEF defines child labor as “work that children are too young to perform or that — by its nature or circumstances — can be hazardous” to their health, safety, or development.    

Hazardous work can include jobs occurring: 

• Underground 

• Underwater 

• At dangerous heights 

• In confined spaces 

• In extreme temperatures 

• For long hours or overnight 

UNICEF continues to note that of the 160 million children in child labor, 79 million are classified as undertaking hazardous work that endangers their wellbeing. And in 2023, the Wage and Hour Division in the United States found 955 cases with child labor violations, with approximately 5,800 children employed illegally, an 88% increase since 2019.  

These global statistics exemplify the scale of forced and child labor around the world today, showcasing how many children are being exploited, and highlighting the dire need for stronger protection laws and change.
 

Risks of child labor 

While young people gaining work experience can offer social and economic opportunities (when safe and according to law), there are many risks for children undertaking work beyond their capabilities and suitability. Hazardous work can result in long-term health issues, some of which may only develop in adulthood, such as cancer or infertility from chemical exposure and chronic backpain from machinery mismanagement and strenuous activities over long working hours. 

In a 2018 study on the impact of child labor on health, researchers found associations between child labor and several adverse health effects, including “poor growth, malnutrition, higher incidence of infectious and system-specific diseases, behavioral and emotional disorders, and decreased coping efficacy.” 

At its very worst, the International Labor Organization (ILO) estimates that 22,000 children lose their lives from work annually. 

Different industries carry varying risks: 

• Farming could expose children to dangerous chemicals, agrochemicals, and tools and machinery. Children may also be working long hours outside in all temperatures 

• Mining could involve children working in dark and narrow underground spaces, with exposure to natural disaster risks and toxic chemicals used for extracting minerals or metals 

• Factories making clothes and other goods could result in children suffer joint problems from prolonged seating and poor posture, aches from carrying heavy loads, or health issues from using and disposing of toxic chemicals in consumer products. Unsafe noise levels may also damage their hearing in later life 

• Street work could expose children to exhaust fumes which threaten their health, as well as traffic and unsociable hours 

Outside of the physical risks to children’s health and safety, labor can also take children out of education and healthcare at vital stages in their upbringing. Furthermore, the mental toll of working in unsafe conditions at such a vulnerable age can’t be overstated.  

How the EU is tackling child labor

Law 

The EU’s Strategy on the Rights of the Child provides a framework to guarantee the protection of rights of all children in Europe. Within this, child labor is addressed through providing accessible compulsory education, enhancing social welfare programs, and increasing capacity for labor inspection systems to enforce ILO conventions to end child labor. The two ILO conventions, Convention No. 138 on Minimum Age and Convention No. 182 on Worst Forms of Child Labour, mandate that ILO member states promote and take actionable steps to abolish child labor.  

Put forward by the European Union Agency for Fundamental Rights (FRA), Article 32 – Prohibition of child labour and protection of young people at work prohibits the employment of children below the minimum school-leaving age. Young workers must undertake conditions appropriate for their age, and be protected against economic exploitation, physical, mental, moral, or social harm, and interference with education.
 

Projects 

From 2008 to 2013, the European Commission and International Labour Organisation (ILO) jointly launched the TACKLE project to combat child labor in 12 countries across Africa, the Caribbean, and the Pacific states. With an objective to reduce the amount of children in child labor and prevent numbers climbing any further, the project provided guidance and training opportunities towards poverty reduction.  

Between 2018 and 2023, the CLEAR Cotton Project was given a budget of EUR 9 million to eliminate child and forced labor in cotton, textile, and garment value chains. Co-funded by the EU, ILO, and implemented by the Food and Agriculture Organization (FAO), the project targeted Burkina Faso, Mali, Pakistan, and Peru.   

How the US regulates young workers

Law 

In the US, the Fair Labor Standards Act (FLSA) mandates pay standards, such as minimum wage and overtime pay, hours and recordkeeping, and child labor. Part of the FLSA standards protect young workers in employment by ensuring any role they undertake doesn’t jeopardize their health, wellbeing, or opportunities.  

The regulations set a minimum age for children’s employment and limit the number of hours minors can work.  

• Children under 14 aren’t permitted to work in any roles covered under the FLSA, such as meat processing, forklifts, forestry, roofing, driving, demolition, mining, and more 

• Children under 14 may work for their family business, so long as the company is wholly owned by the family 

• Children between 14 and 16 years of age may work outside of school hours in a non-hazardous, non-manufacturing occupation 

• Children aged 16 or over may work in any non-hazardous, agricultural job
   

State level action 

Some US states are weakening the laws protecting young people from working certain hours or from certain ages, to fill an economic gap. 

In 2023, Iowa Governor Kim Reynolds signed a bill that loosened child labor laws in the state, conflicting with federal law, to fill an employment gap. Iowa’s bill rules the following: 

• 14- and 15-year-olds can work two additional hours during school time, up to six hours total 

• 16- and 17-year-olds may work the same hours per day as adults 

• 14- and 15-year-olds can work up to 21:00 on school days, or 23:00 between June and September (two hours later than the federal standard) 

• 16- and 17-year-olds can work in some roles originally banned under FLSA, as long as they partake in an approved training program 

Restaurants in Iowa have already been fined by the US Department of Labor for violating federal child labor law.  

In Arkansas, Governor Sarah Huckabee Sanders signed the Youth Hiring Act of 2023, eliminating work permits for 15- and 16-year-olds. This means employers no longer have to keep a work certificate that confirms proof of age, description of the role, and a schedule, with written consent from a parent or guardian.  

The conflict between federal child labor laws and state efforts to enhance the economy are evident. Different jurisdictions appear to follow different rules, so companies should be cautious of which laws apply to the state they operate in.  

How can the world reduce child labor?

All employees have a right to a safe and healthy work environment, but children’s workload, in particular, should be considered very carefully to ensure ethical standards are maintained, and no child is at risk.  

The World Economic Forum talked to leading anti-child labor organizations on how we can commit to eliminating child labor around the world, narrowing down targets to the following, amongst others:  

• Ensure children remain in school 

• Provide financial support to vulnerable families to keep their children in school and ensure they don’t have to rely on child labor for additional income 

• Governments should prioritize strategies to eliminate child labor and build up the economy without resorting to the exploitation of young workers 

• Increase investments in social services and social protection 

• Increase resources for labor inspections and enforcing the law

The United Nations encourages businesses to complete human rights due diligence in their supply chains to identify, prevent, and address any human rights impacts, such as forced and child labor. Companies can also: 

• Introduce child labor due diligence in operations 

• Publish guidance on best practices on monitoring due diligence 

• Comply with local and international law to provide the highest level of protection for children 

• Establish an apprenticeship program to reduce hazardous child labor 

• Join an international framework or platform focused on eliminating forced and child labor  

The European Commission found that when child labor is reduced, opportunities for youth increase.