-
Child labor is not legally responsible.
If the boss does not allow child laborers to perform hazardous labor, he will only accept administrative punishment and will not violate the criminal law.
-
Bosses are liable for child labor, and child laborers are not responsible, but their guardians are responsible.
-
Child labor is not liable. The boss must be held liable, and according to the law, the boss will be fined or have his business license revoked by the labor administrative department, and in serious cases, he will also be punished with criminal liability.
-
Article 94 of the Labor Law: If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; where the circumstances are serious, the administrative department for industry and commerce is to revoke the business license. Article 5 The administrative departments of labor and social security at or above the county level shall be responsible for the supervision and inspection of the implementation of these provisions.
The administrative departments of public security, industry and commerce, education, health and other administrative departments at or above the county level shall supervise and inspect the implementation of these provisions within the scope of their respective duties, and cooperate with the supervision and inspection of the administrative departments for labor and social security. Mass organizations such as trade unions, Communist Youth Leagues, and women's federations shall preserve the lawful rights and interests of minors in accordance with law. Any unit or individual who discovers the use of child labor has the right to report it to the people's labor and social security administrative department at or above the county level.
Article 6 Where an employer uses child labor, the labor and social security administrative department shall impose a fine of 5,000 yuan per month for each child laborer; Those who use child labor in workplaces where toxic substances are used shall be punished heavily, in accordance with the range of fines stipulated in the "Regulations on Labor Protection in Workplaces Using Toxic Substances", or according to the standard of a monthly fine of 5,000 yuan for each child laborer. The administrative department for labor and social security shall also order the employer to return the child laborer to his or her original place of residence to his or her parents or other guardians within a specified period of time, and the employer shall bear all the necessary transportation, accommodation and food expenses. Where an employer is ordered by the administrative department for labor and social security to make corrections within a specified period of time, but still fails to deliver the child laborers to his parents or other guardians within the time limit, the administrative department for labor and social security shall impose a fine of 10,000 yuan per month for each child laborer employed from the date on which the correction is ordered, and the administrative department for industry and commerce shall revoke the business license or the civil affairs department shall revoke the registration of a private non-enterprise unit; Where the employing unit is a state organ or public institution, the relevant unit shall give the directly responsible managers and other directly responsible personnel administrative sanctions or disciplinary sanctions of demotion or removal in accordance with law.
-
Legal analysis: If the boss hires child labor, the administrative department of the labor department shall order him to make corrections and impose a fine; If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license, and if a crime is constituted, a criminal punishment shall be given.
Legal basis: Article 94 of the Labor Law of the People's Republic of China If an employer illegally recruits a minor under the age of 16, the Ministry of Labor Administration shall order it to make corrections and impose a fine; where the circumstances are serious, the departments for market regulation are to revoke business licenses.
-
1. What is the crime of using child labor in law Article 244 Definition and sentencing of the crime of illegal employment of child labor. Article 244-1 Whoever, in violation of labor management laws and regulations, employs minors under the age of 16 to engage in excessively intense physical labor, or to engage in high-altitude or underground work, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. II. What are the conditions for constituting the crime of illegal employment of child labor Employing minors under the age of 16 for labor in violation of labor management laws and regulations.
Labor management regulations refer to the provisions of the Labor Law and administrative regulations related to labor protection, as well as other laws and regulations related to labor protection. Employment refers to the payment of wages to the use of others to provide labor for oneself. If parents allow their minor children to work in their own factories, workshops, etc., it should not be found to be an employment relationship.
Labor regulations clearly stipulate the age of workers. In order to protect the physical and mental health of minors and safeguard the legitimate rights and interests of minors, the labor management regulations clearly stipulate that it is forbidden to recruit minors under the age of 16. In addition, in accordance with the provisions of the relevant labor management regulations, literary and artistic and physical education units may, with the consent of the minor's guardian, recruit professional literary and artistic workers and athletes under the age of 16; Schools, other educational establishments, and vocational training establishments that, in accordance with relevant state provisions, organize minors under the age of 16 to carry out education, practice, or vocational skills training that does not affect their physical safety and physical or mental health, is not child labor.
However, the recruitment of literary and artistic and sports workers must comply with relevant state regulations. In judicial practice, attention should be paid to distinguishing it from the conduct of some units or individuals who illegally employ child laborers to perform vulgar and dangerous performances under the banner of literary and artistic and sports activities. Legally, it is the crime of illegal child labor for a boss to hire a minor under the age of 16 to perform labor, and the severity of the circumstances is generally determined by a fixed-term imprisonment ranging from three to seven years, and a certain fine will be imposed if the circumstances are particularly serious.
Therefore, the boss needs to know the relevant knowledge and use the labor personnel in accordance with the law.
-
Legal Analysis: Legally, the use of child labor by the boss may constitute the crime of employing child labor to perform hazardous labor. The crime of employing child labor to engage in hazardous labor is an act that violates labor management laws and regulations by employing minors under the age of 16 to engage in ultra-intense physical labor, or to engage in high-altitude or underground work, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, and toxic, and the circumstances are serious.
Legal basis: Article 244 of the Criminal Law of the People's Republic of China: Whoever compels others to work by means of violence, threats, or restrictions on personal freedom is to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Clearly knowing that others are carrying out the conduct in the preceding paragraph, recruiting or transporting personnel for their Qi Lingqi, or otherwise assisting in forcing others to labor, is to be punished in accordance with the provisions of the preceding paragraph.
Where a unit commits the crimes in the preceding two paragraphs, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph. Article 244-1 Whoever, in violation of labor management laws and regulations, employs minors under the age of 16 to engage in excessively intense physical labor, or to engage in high-altitude or underground work, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the circumstances are especially serious, a sentence of up to three years imprisonment and a concurrent fine is to be given. Where the conduct in the preceding paragraph causes an accident and constitutes another crime, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.
-
No, child labor is only punishable by the employer.
-
Summary. Hello, glad to help you with this issue. Where an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; where the circumstances are serious, the administrative department for industry and commerce is to revoke the business license.
where the circumstances are serious, they shall be convicted and punished in accordance with the Criminal Law of the People's Republic of China. Article 244-1 Whoever, in violation of labor management laws and regulations, employs minors under the age of 16 to engage in excessively intense physical labor, or to engage in high-altitude or underground work, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. There are no penalties for child labor, there is no criminal record, and there is no impact on schooling.
Boss recruits child labor What punishment is there a punishment for child unions.
Hello, I am the answer to serve you this time, and I am very happy to serve you! I've seen your question, I'm working on the answer for you, please be patient and get back to you in five minutes
Hello, I am the answer to serve you this time, and I am very happy to serve you! I've seen your question, I'm working on the answer for you, please be patient and get back to you in five minutes
Hello, glad to help you with this issue. Where an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; and where the circumstances are serious, the administrative department for industry and commerce shall revoke the business license. where the circumstances are serious, they shall be convicted and punished in accordance with the Criminal Law of the People's Republic of China.
Article 244-1: Whoever violates the laws and regulations on labor management by employing minors under the age of 16 to engage in super-intense physical labor, or to engage in high-altitude or underground work, or to engage in labor in dangerous environments such as those that are highly committed, flammable, radioactive, or toxic, and the circumstances are serious, the directly responsible persons are to be sentenced to up to three years imprisonment or short-term detention and a concurrent fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. There is no penalty for child labor, and there is no criminal record, and it will not affect schooling.
Because when I want to die. You might also think about what you haven't done. Nothing was done. >>>More
She doesn't love you anymore, she should leave.
You know she doesn't love you anymore, but you continue to be wrong. >>>More
1. In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employer can solve the problem through the following legal means: >>>More
Add as much as you want, you can do it yourself.
Military orders are like mountains, soldiers resist the country and their families, carry the military spirit and glory, these make them have to go, and not to be fooled by deserters, in the face of military law just add to the terrible.