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If you worked after January 1, 1995 and were under the age of 16, you were indeed a child laborer at that time, and the employer violated the labor law.
However, there are exceptions, and the Labor Code provides:
Establishments of literature, art, sports, and special crafts recruiting minors under the age of 16 must follow the relevant provisions of the State, complete the examination and approval procedures, and ensure their right to receive compulsory education.
If it was before 1995, it was not illegal because there was no provision in this regard.
After all, in the historical environment at that time, there were still cases where junior high school graduates came out to work before the age of 16.
In some factories, there is a provision that parents retire early and children can work in place of their parents.
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Is it legal to work under the age of 16 more than 30 years ago? According to the current Labor Law, the use of workers under the age of 16 by an employer is an illegal use of child labor, which is a serious violation of the law, and more than 30 years ago, the Labor Law has not yet been formulated and promulgated, so there is no illegal legal basis.
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is not legal. Because in our country, only adults who have reached the age of 18 can participate in the work and become legal workers.
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Yes, because you are not an adult under the age of 16, so. Violations of regulations on the use of child labour.
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If you want to know if it's legal, then first check when our country's labor law was enacted.
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At that time, there was no legislation in China to criminalize child labor.
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16 years old is the legal working age, but it is also a minor, and there will be special protection in labor, such as not being able to engage in heavy physical strength and regular physical examinations, etc., and not arranging juvenile work as follows:
1. Dust receiving operations above the first level in the national standard for grading the hazard degree of productive dust operations;
2. Toxic operations above the first level in the national standard for the classification of toxic operations;
3. High-altitude operations above the second level in the national standard for grading high-altitude operations;
4. Cold-water operations above the second level in the national standard for the classification of cold water operations. Minors under the age of 16 must not be recruited by any organization or individual, except as otherwise provided by the state. Where any organization or individual recruits minors who have reached the age of 16 but are not yet 18 years old in accordance with the relevant provisions of the State Cave Family, they shall implement the state's provisions on the type of work, working hours, labor intensity, and protective measures, and must not arrange for them to engage in excessively heavy, toxic, harmful, or other labor or dangerous work that endangers the minors' physical and psychological health.
Legal basisArticle 15 of the Labor Law of the People's Republic of China.
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.
Article 58.
The State implements special labor protection for female workers and juvenile workers.
Minor workers refer to workers who have reached the age of 16 and are under the age of 18.
Article 64.
Juvenile workers shall not be arranged to engage in underground mines, toxic and harmful labor, labor of the fourth level of physical labor intensity prescribed by the state, and other labor that is taboo to be engaged in.
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Calculate. The labor law only prohibits employers from employing minors under the age of 16, which is legally referred to as child labor. Those who have reached the age of 16 can participate in work, and those who have reached the age of 16 and are under the age of 18 can be regarded as adults for the calculation of their working years.
1. What is length of service?
The length of service is divided into general length of service and the length of service of the enterprise. The general length of service refers to the working hours for which the wage income is the whole and main means of living for the employee. The length of service of the enterprise (commonly referred to as the continuous length of service) refers to the working hours that should be calculated continuously or combined before and after the work of workers and employees in the unit or several units according to the regulations.
2. How should the length of service be calculated?
When calculating the general length of service, the length of service of the enterprise should be included, but the general length of service should not be included in the calculation of continuous length of service (generally speaking, if the work is interrupted due to personal reasons, the working time before the break can only be counted as the general length of service). At present, when determining the insurance benefits of employees and whether they meet the conditions for retirement, only the length of continuous service is generally used. So the general length of service has now lost its meaning.
After the implementation of the basic pension insurance individual payment system, the actual payment period is used as the basis for retirement and pension insurance benefits, and the previous continuous service period is regarded as the payment period. The calculation of the length of service and the length of continuous service shall be calculated in accordance with the provisions of the National Law [1978] No. 104, that is, only one year can be counted as one year after the "full" anniversary.
3. The setting standard of seniority salary for employees:
1.Employees who have worked in the company for one year are paid 50 yuan per month.
2.Employees who have worked in the company for two consecutive years will receive a monthly salary of 100 yuan.
3.Employees who have worked in the company for three consecutive years will receive a monthly salary of 150 yuan.
4.Employees who have worked in the company for four consecutive years will receive a monthly salary of 180 yuan.
5.And so on, for each additional year of working in the company, the monthly seniority salary will increase by 30 yuan. A total of 10 years capped.
6.If the employee takes leave for more than 15 consecutive days or takes leave for more than 30 days in a year, the length of service will be cancelled according to the treatment of the new employee and the length of service will be recalculated (except for those specially approved by the general manager).
7.If the employee resigns and then reinstated, the original length of service is cancelled, and the length of service is recalculated according to the time of the new hire.
8.Seniority is not counted during the probationary period.
Legal basis: Article 15 of the Labor Law of the People's Republic of China prohibits employers from recruiting minors under the age of 16.
Article 58: The State implements special labor protections for female employees and juvenile workers.
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1. Is it considered length of service to work at the age of 16?
1. Non-existent, legal analysis: According to relevant laws and regulations, those under the age of 16 cannot participate in the work, and naturally there is no "length of service". Any employer that uses child labor in violation of national regulations is considered to be an illegal employer.
2. Legal basis: Article 15 of the Labor Law of the People's Republic of China.
Employers are prohibited from recruiting minors under the age of 16.
2. Can I buy social security if I am under the age of 18 when I am working?
1. Juvenile workers who can purchase social security refer to workers who have reached the age of 16 but have not yet reached the age of 18. Relevant laws and regulations stipulate that juvenile workers shall not be arranged to engage in underground mines, toxic and harmful, labor of the fourth level of physical labor intensity stipulated by the state, and other labor that is taboo to engage in work. Therefore, as long as you are engaged in the above work, you can sign a labor contract with it and pay social security for it;
2. According to the relevant provisions of social security payment, the monthly social security base shall be determined according to the salary income of the whole month in the first month of entering the unit. The individual contribution base of other employees in the current year shall be determined according to the average monthly salary income of the employee in the previous year. The part exceeding 300% of the average monthly wage income of employees in the city in the previous year shall not be used as the payment base; If it is less than 60% of the average monthly wage income of the city's employees in the previous year (the lower limit is 2,599 yuan from April 2012), 60% of the average monthly salary of the city's employees in the previous year shall be the payment base;
3. For migrant workers, unemployed persons, self-employed workers and other on-the-job migrant workers, they can participate in social insurance through social security institutions, so that they can enjoy the national social security. This reflects the relevant policies advocated by the state.
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Legal analysis: According to the law, under the age of 16 is not free to participate in the work, and naturally there is no "length of service". Any employer that uses child labor in violation of the country's regulations is illegal.
Legal basis: Labor Law of the People's Republic of China
Article 15: Employers are prohibited from recruiting minors under the age of 16.
Article 58: The State implements special labor protections for female employees and juvenile workers.
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According to the law, people under the age of 16 cannot participate in work, and naturally there is no "length of service". Any unit that uses children in violation of national regulations is an illegal use of tomato. Article 15 of the Labor Law of the People's Republic of China prohibits employers from employing minors under the age of 16.
Article 58: The State implements special labor protections for female employees and juvenile workers.
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According to the law, people under the age of 16 cannot participate in work, and naturally there is no "length of service".
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