Notice of Implementing Provisions on the Prohibition of Using Child Labour

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.mohrss.gov.cn/gkml/zcfg/gfxwj/201407/t20140717_136239.html

SUMMARY OR KEY PROVISION OF THE LAW

The worker name, gender, home address, date of birth, identification number and labour contract registration number should be included in the factory entrance records. Employers should keep all the recruitment materials in good condition and have the documents readily available for inspection by the government.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

If the employer fails to perform the employment registration verification, fails to properly keep the employment registration verification materials, or falsifies the employment registration verification materials, once found, the Administrative Department of Labour and Social Security shall order corrections and follow Article 8 of the Provision on the Prohibition of Using Child Labour. If an employer fails to keep the employment registration files pursuant to Article 4 of the present provisions, or forges the employment registration files, the Administrative Department of Public Security shall impose on him/it a fine of 10,000 yuan.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. The factory should compile all factory worker records to confirm that all the information collected from workers during the on-boarding process is accurate. These records must include worker name, gender, home address, date of birth, identification number and labour contract registration number.

Take Action:

1. Create and use a standard form to fill out which includes all the information points that are identified in the law requirement.  This includes worker's name, gender, date of birth,  identification number and labour contract registration number.

2.  Organize all worker intake records and keep them in a secure location.  The records should be organized in such a way so that they are easily retrievable and accessible by only authorized members of management.

3. Personnel responsible for collecting and maintain worker profile information must be trained and aware of the factory's policy and procedure.

COMMON CHALLENGES

A lack of training for the staff in recruitment department

No comprehensive recruitment system in the factory.

Missing ID copies is a somewhat common issue that is reflected in not following a strong and clear procedure.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 It is important for factories to maintain accurate and complete records to confirm that all required information was collected and verified before a worker starts working in the factory.  Without records there is no good way to confirm that this requirement was completed consistently.  The government has the right to verify these documents at any time so the factory should organize and store these records so that they can be easily retrieved.

Penalties for employing underage workers are high. Liability risks for the factory also are high in the event of the young worker sustaining injury or death in the workplace.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Production Manager

ADDITIONAL RESOURCES

 Nil

RELATED MANAGEMENT SYSTEMS

Young Workers - Hiring, Medicals and Work Assignments

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Child Labour

ILO COMPLIANCE POINT: Documentation and Protection of Young Workers

ILO COMPLIANCE QUESTIONS: Does the employer comply with age verification and documentation requirements for workers as specified in national law?

SDG RELEVANCE 12

Mosaic ID: Mosaic14998312