Labour Law of the People's Republic of China : Article 15

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201601/t20160119_232110.html

SUMMARY OR KEY PROVISION OF THE LAW

Employers should not employ minors (child labourers) under the age of 16.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

In accordance with Prohibiting Use of Child Labour Regulations Article 6, where an employing unit uses a child labourer, the Administrative Department of Labour and Social Security shall punish it according to the standard of a fine of 5,000 yuan per month for each child labourer. Whoever uses child labour in workplaces where toxic substances are used shall be given a heavier punishment according to the range of fines prescribed in the Regulations on Labour Protection in Workplaces Where Toxic Substances Are Used, or according to the standard of a fine of RMB 5,000 per month for each child labour used. The Administrative Department of Labour and Social Security shall also order the employing unit to return the child child to his original place of residence within a time limit to his/her parents or other guardians, and the employing unit shall bear all the expenses for transportation, board and lodging required.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1.Review the current process and determine at which step of the hiring process a new worker is asked to provide identification that confirms their age is above 16.

2. Review how age verification is validated and how copies of each worker's identification  are maintained.

3. Undertake a review of worker files, with a particular emphasis on those workers under 18 years of age to identify any gaps in existing records that prove each worker is of legal working age.

4. If one or more workers under the age of 16 are found, management should undertake a full investigation of how the worker(s) came to work at the factory AND gather as much information about the worker(s) as possible in order to create an action plan. This should include the following information: detailed review of file, provided ID's, information about their family such as name, locations and contact information, past job duties, hours of work, and wages paid.

Take Action:

1. If one does not already exist, create a clear and formal policy and procedure for receiving, validating, copying and maintaining proof of age before any worker is confirmed to work. Proof is typically maintained in individual worker files.

2. If any workers files are missing such proof of age, it should be collected immediately.

3. Staff responsible for this (i.e. recruitment and HR) should be trained to identify fake IDs and or IDs being used by a different applicant. Some workers use the ID of another to secure a job and staff are not trained to detect this.

4. If the identification does not verify the birth date information then the applicant should be told that employment cannot be considered by the factory due to the minimum age requirement.

5. Devise an action plan for each underage child identified that follows the following best practice "Do No Harm" principles:

    -The protection of the child and his/her interests comes first

    - A child should not be dismissed without due regard for what happens to him/her

    - Any solution must improve the child's situation and not make the child more vulnerable to abuse

    - Consult with the child and his/her family or guardian

    - Involve relevant professionals and other trusted stakeholders as needed

* See more detailed procedures attached as an "Example" below

COMMON CHALLENGES

Factories do not maintain adequate human resource systems and practices to verify that an applicant meets the minimum age of 16 requirement. There is a lack of documented systems including policies, procedures and training for staff in the recruitment department.

Some workers use the identification of another worker to secure a job and staff are not trained to detect this.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 The law requirement is clear in that anyone under the age of 16 must not be employed in factories. The law in place to protect the welfare of underage people is considered a zero tolerance issue for ALL buyers and thus may have a strong negative business partner response if detected. Adherence to the law will reduce business liability in the event of penalties or damages arising from a young worker incurring injury or death in the workplace.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Hiring and Recruitment Manager

ADDITIONAL RESOURCES

 https://www.ilo.org/global/topics/child-labour/lang--en/index.htm

RELATED MANAGEMENT SYSTEMS

Young Workers - Hiring, Medicals and Work Assignments

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Child Labour

ILO COMPLIANCE POINT: Child Labourers, Documentation and Protection of Young Workers

ILO COMPLIANCE QUESTIONS: Have you found any workers under the age of 16?

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic63725170