What does the law say about child labor?

Article 15 of China's Labor Law prohibits the recruitment of persons under the age of 16. Article 94 of the Labor Law stipulates that "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 shall revoke the business license.

With regard to the use of child labor, Article 10 of the Provisions on the Prohibition of Child Labor stipulates that "the labor administrative department shall order the unit or individual that uses child labor to immediately return the child labor to its original place of residence, and all the expenses incurred for the child labor to be returned to the original place of residence shall be borne by the unit or individual that uses child labor." ”。

Article 11 stipulates that "a unit or individual that uses child labor in violation of regulations shall be responsible for the child labor who is sick or disabled before being returned to the original place of residence, and shall bear all the expenses and living expenses during the period."

However, industries such as song and dance troupes and acrobatic troupes, because of the particularity of their skills that must be cultivated from an early age, do not violate the "Labor Law", and are allowed.

Juveniles and children under the age of 16 who participate in family labor, work-study programs organized by schools, and auxiliary labor that is not harmful to physical and mental health and are within their capacity that are allowed by the people of provinces, autonomous regions, and municipalities directly under the Central Government do not belong to the category of child labor.

Literary and artistic, sports and special craft units that really need to recruit literary and artistic workers, athletes and apprentices under the age of 16 must report to the labor administrative department at or above the county level (including the county level, the same below) for approval.

The definition of the concepts of literary and artistic workers, athletes, and apprentices shall be specifically stipulated by the labor administrative department in conjunction with the competent departments of culture and sports.

Article 15 of the Labor Law stipulates that minors under the age of 16 are classified as child laborers, and the law prohibits employers from employing child labor. Anyone who hires child labor in violation of regulations shall be ordered to make corrections and fined by the labor administrative department; where the circumstances are serious, the departments for market regulation are to revoke business licenses.

[Legal basis].Article 3 of the Labor Law of the People's Republic of China.

Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to receive labor dust safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 15. Employers are prohibited from recruiting minors under the age of 16. Arts, sports, and special art establishments recruiting minors under the age of 16 must comply with relevant state regulations and ensure their right to receive compulsory education.

Child labor refers to employees under the age of 16, and minors refer to persons under the age of 18. Arts, sports, and special craft units recruiting minors under the age of 16 must comply with relevant state regulations. 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 severe, the business license is to be revoked by the market regulation departments.

[Legal basis].

Article 15 of the Labor Law of the People's Republic of China prohibits employers from employing minors under the age of 16. Establishments of arts, sports, and special crafts recruiting minors under the age of 16 must comply with relevant state regulations, perform formalities for examination and approval, and ensure their right to receive compulsory education.

Legal Analysis: Child labor refers to child or adolescent workers under the age of 16. The law strictly prohibits the use of child labor, and when some special industries need to hire juvenile workers under the age of 16, they must be approved by the relevant departments, and special protection is given in terms of working hours and prohibition of work harmful to health.

Legal basis: Article 2 of the Provisions on the Prohibition of the Use of Child Labor stipulates that state organs, social organizations, enterprises and institutions, private non-enterprise units or individual industrial and commercial households (hereinafter referred to as "employers") shall not employ minors under the age of 16 (minors under the age of 16 shall be recruited hereinafter, hereinafter referred to as the use of child labor). It is forbidden for any unit or individual to introduce employment for minors under the age of 16.

Minors under the age of 16 are prohibited from engaging in self-employment activities. Article 6 of the "Provisions on the Prohibition of the Use of Child Labor" provides that if 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 in accordance with the provisions of the preceding paragraph, but still fails to deliver the child labor 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 its 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.

China's laws prohibit employers from employing minors under the age of 16. Literary and artistic, sports, and special craft units recruiting minors under the age of 16 must comply with the relevant provisions on the division and merger of the country. 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 market regulation departments are to revoke the business license.

[Legal basis].Article 15 of the Law of the People's Republic of China on Labor Departments.

Employers are prohibited from recruiting minors under the age of 16.

Establishments of literature, art, sports, and special crafts recruiting minors under the age of 16 must comply with relevant state regulations, perform examination and approval procedures, and protect their right to receive compulsory education.