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It is illegal for a person under the age of 16 to be sent to a construction site to move bricks.
The age standard for child labour in China is 16 years old. Article 11 of the General Principles of the Civil Law stipulates that a person over the age of 18 is an adult only if he or she has full capacity for civil conduct. Anyone under the age of 18 is considered a minor.
However, persons over the age of 16 but under the age of 18 who can rely on their own labor income as the main livelihood are regarded as persons with full capacity for civil conduct. Therefore, child labor is defined by law as employment under the age of 16. If any enterprise, public institution, or individual industrial and commercial household recruits minors under the age of 16 to engage in labor, it is in the nature of recruiting child labor, and it is an illegal act.
This is a key protection measure for young minors under national law. Article 11 of the General Principles of the Civil Law of the People's Republic of China Citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.
Therefore, it is illegal for people under the age of 16 to move bricks at the construction site.
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Children under the age of 16 are considered child laborers and the use of child labor is prohibited.
When moving bricks on the construction site, it is necessary to identify whether it is level 4 physical labor, even if it is a juvenile worker aged 16-18, it is not allowed to be arranged to engage in level 4 physical labor.
If you don't pay for it, it's even more wrong.
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At the age of 16, he was sent by his father to the construction site to move bricks, which is considered a juvenile labor force and violates the labor law.
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It is illegal for minors under the age of 16 to work on a construction site because minors are not allowed to work reasonably.
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Case 1] 13-year-old juvenile delinquent Lack of care creates a tragedy for two families.
In order to rob a mobile phone, Xiao Wu, a 13-year-old boy in Sichuan, poured gasoline on a female teacher he did not know and set fire to the other party, causing him severe burns. This case of a young felony has once again set off a heated discussion in society about juvenile crimes.
Just to grab a mobile phone, he poured gasoline on a young woman he didn't know and set it on fire, causing extensive burns all over his body. What's even more incredible is that the child's mother is divorced, his father goes out to work, no one takes care of him, and he often causes trouble outside. Such a vicious case, just because Xiao Wu is not yet 14 years old, according to the provisions of the Criminal Law, there is no need to bear criminal responsibility.
The decision was made by the local ** to be supervised by a guardian.
If the guardian fulfilled his guardianship responsibility, Xiao Wu would not have committed crimes again and again; And Xiao Wu's father's so-called "care" is to lock the son who caused the accident at home with an iron chain.
Where guardians like Xiao Wu do not have the capacity for custody, they need to be taken into custody and re-educated in accordance with laws and regulations. However, the construction of work-study schools in the area is still under construction, and the opening time cannot be determined for the time being. In other words, this free-wheeling, ignorant and fearless child will remain at large for a long time.
Case 2] The teenager pry 130 cars in 21 days, mixed the rivers and lakes in 2 years, was stabbed 3 times, and was unwilling to go home.
His name is Yi Ming, an ignorant teenager who is only 13 years old, childish but tall; He was supposed to study in school, but he was inadvertently involved in the "rivers and lakes".
In the two years that he walked the "rivers and lakes", Yi Ming was arrested by the police more than 10 times; In just 21 days, he and his accomplices frantically pry more than 130 cars. In the past two years, Yi Ming has been stabbed 3 times in a row; He also had burns from cigarette butts that had not healed, which was a "**" given by the gang members to force him to participate in the theft.
The police can't catch it, the parents can't control it, and the society can't tolerate it. Yi Ming's "troubled teenager" characteristics give the police a headache and make parents desperate: what should they do? Yi Ming also has his own entanglements: what should he do if he wants to return to normal life?
On July 28, the Yibin County Public Security Bureau task force cracked a gang pry car theft case, the main perpetrator of the pry car theft is named Yi Ming, who was only 13 years old at the time of the crime. In just 21 days, this gang of eight people, including Liu Zhuang and Yi Ming, frantically pryed more than 130 cars, causing direct economic losses of tens of thousands of yuan and indirect economic losses of hundreds of thousands of yuan.
All the pry car thefts were carried out by this child named Yi Ming. Another 5 gang members between the ages of 17 and 22 either hid in the shadows or controlled and commanded Yi Ming every time they committed a crime in order to evade the attack.
The most painful and angry thing for the police handling the case is that Yi Ming is an old acquaintance of ** and has been arrested for theft many times. Yi Ming is an "old fritter" again, and once he is released, he immediately "returns" to the gang to continue to commit crimes.
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A teenager in Beijing hacked his grandmother to death and severely injured his grandfather in order to steal money online.
17-year-old boy Xiaoxin (pseudonym) hacked his grandmother to death on the spot and seriously injured his grandfather in order to steal money online. After the incident, Xiaoxin surrendered.
Two years ago, Xiaoxin began to immerse himself in the Internet, and his academic performance dropped sharply. He dropped out of junior high school before he graduated.
Worried that her son would be addicted to Internet cafes all day long, Xiaoxin's mother asked him to take care of the billiard table at home. Xiaoxin took the money he earned from the billiard table to surf the Internet. Later, the family no longer provided money for Internet access, and Xiaoxin thought of stealing.
In early June this year, Xiaoxin stole more than 2,000 yuan from his father and stayed in an Internet café for a week. The father's beating and scolding had no effect on Xiaoxin. Just a few days later, the desire to surf the Internet gnawed at his heart like a bug.
At this time, what Dad said when he gave Grandma living expenses at the beginning of the month came to mind. "Dad said that grandpa had more than 4,000 yuan there, but he didn't pay much attention to it at the time, and then he wanted to steal grandpa's money. At noon on June 15, I went to my grandfather's house, and at night, when I saw that my grandparents had already slept, I went to turn it over, but I was afraid of waking my grandmother up, so I wanted to use a kitchen knife to cut my grandmother and turn it over.
The sleeping grandmother collapsed in a pool of blood, and the sound alarmed the grandfather. Desperate, Xiaoxin slashed the kitchen knife at him again. Grandpa escaped from the house after being injured.
Xiaoxin rummaged through the cabinets and didn't find the 4,000 yuan, and only found two yuan in his grandmother's pocket. Afterwards, Xiaoxin's grandfather said that it was the early money that his grandmother prepared for his grandson. Xiaoxin pinched two yuan and hid in a hole at the entrance of the village.
After thinking about it, he still surrendered.
Xiaoxin told reporters that his grandmother loved him the most since he was a child, and she was worried about him for anything delicious. What he misses most in the detention center is his grandmother under Jiuquan. "I was just thinking about going to the Internet café when I got the money, and I didn't think about the consequences.
If I had to choose between going online and grandma, I would definitely choose grandma. At this, he wept bitterly.
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1. According to Article 58 of the Labor Law, the State implements special labor protection for female employees and juvenile workers. Juvenile workers are workers who have reached the age of 16 but have not yet reached the age of 18.
2. Minors under the age of 18 but must be at least 16 years old, hold their second-generation ID card, and can live independently can stay in the hotel alone after being strictly reviewed by the hotel.
3. Those who are over 18 years old must be over the age of 18 to open a house alone, which is the public security administration regulations made by the public security organs according to China's national conditions, and 18 years old is also the age requirement for persons with full civil capacity in China's civil law.
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Under the age of eighteen, all minors. Therefore, opening a house (i.e., illegal cohabitation) should be illegal and not allowed.
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Some places will do, others will not. Adult ID cards are required in more prosperous cities, not in smaller cities.
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Hello, yes. It's not as serious as you think, if you directly ask for an ID card to open a house, will people refuse?
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The labor law prohibits the recruitment of minors under the age of 16, and does not stipulate the maximum age limit, but according to the "Interim Measures on the Retirement and Retirement of Workers", men who are at least 55 years old, women who are at least 45 years old, and who have worked continuously for more than 10 years should retire.
In accordance with Article 15 of the Labour Code.
Employers are prohibited from recruiting minors under the age of 16.
Arts, sports, and special craft units recruiting minors under the age of 16 must comply with relevant state regulations and ensure their right to receive compulsory education.
According to Article 1 of the Interim Measures for the Retirement and Retirement of Workers.
Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people who meet one of the following conditions shall retire.
1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more.
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The Labour Code does not stipulate the age at which construction work cannot be carried out. In addition, the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.
When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.
Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
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How old is the construction site to be on the construction site.
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(1) Units or individuals that illegally employ child labor, employment intermediaries or other units and individuals that act as intermediaries, units or individuals that make false certificates for child labor, and parents or other guardians of child laborers who refuse to make corrections will be punished by the labor administrative department with administrative sanctions or fines; Enterprises and institutions and self-employed individuals who are serious and refuse to change their ways will even have their business licenses revoked by the department of industry and commerce; Practices that introduce minors under the age of 16 to employment will be disqualified from employment introduction.
2) The labor administrative department has the right to order the unit or individual that illegally hires child labor to return the child labor to its original place of residence, and the necessary expenses shall be borne entirely by the unit or individual;
3) If a child laborer becomes ill or even disabled before being returned, the unit or individual that illegally hires the child laborer shall be responsible for all the expenses and living expenses.
After the disability appraisal is conducted, the unit or individual that illegally hires child labor shall pay the corresponding disability pension according to the degree of disability; In the event of the death of a child laborer, the illegally employed unit or individual shall pay economic compensation and funeral expenses to his parents or other guardians.
Units and individuals who are at fault for causing child labor will be held administratively responsible by the labor administrative department; If a crime is constituted, they will also be investigated for criminal responsibility.
4) Where child laborers are abducted, abused, or forced to perform risky work causing disability or death, as well as other harm to the physical health of child workers, the public security organs shall impose public security penalties on units and individuals; where a crime is constituted, the criminal responsibility of units and individuals is pursued in accordance with law.
5) The crime of illegally employing child labor to engage in hazardous labor.
Critical labor refers to ultra-intensive physical labor, high-altitude work, underground work, and the working environment is flammable, radioactive, toxic and other dangerous labor.
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The parents or other guardians of minors under the age of 16 shall protect their physical and psychological health, ensure their right to receive compulsory education, and must not allow them to be illegally recruited by employers.
Where the parents or other guardians of minors under the age of 16 allow them to be illegally recruited by employers, the local township (town) people**, urban neighborhood offices, villagers' committees, and residents' committees shall give criticism and education.
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, 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.
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