Provision on the Prohibition of Using Child Labour : Article 2

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/xzfg/201604/t20160412_237896.html

SUMMARY OR KEY PROVISION OF THE LAW

State organs, social organizations, enterprises, public institutions, private non-enterprise units, or individual industrial and commercial households (hereinafter collectively referred to as employers) shall not recruit minors under the age of 16. It is forbidden for any unit or individual to introduce employment to minors 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. Identify all the ways that workers are recruited for work.  This may include print and internet advertisements as well as internal policies for workers to recommend others for employment in the factory (referrals).

Take Action:

 1. Commit to a policy that people under the age of 16 should not be hired by the factory. 

 2. Those who are responsible for posting any job openings publicly should include the minimum age requirement so that applicants are aware of the factory's policy. 

 3. Communicate to workers that the minimum hiring age is 16 years in cases where worker referrals are allowed and encouraged.

COMMON CHALLENGES

When a company is under under stress and needs more workers, especially during peak season, recruitment practices are not strictly followed and/or staff are not properly trained on ensure the recruitment process is not attracting underage applicants.

 The factory may have limited human resources to dedicate to the task, financial limitations or constraints, or a lack of written programs and employee training that commit to performing the task to ensure compliance.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 The law requirement is clear - anyone under the age of 16 should not be recruited to work in factories. This law is in place to protect the welfare of underage people.

 Failure to adhere to the regulatory requirements for young workers can result in high penalties. Penalties and criminal charges can be particularly severe for factories and management in cases where young workers are injured or killed in the workplace as a result of regulations not being followed.

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: 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: Mosaic83125792