Provision on the Prohibition of Using Child Labour : Article 4

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

Employers must verify the identification cards of personnel to be employed and may not employ any minor under 16 years old. The employers shall keep employment registration and verification files of all personnel employed.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 6. If an employer uses child labour, the Administrative Department of Labour Security shall impose on the employer a fine of 5,000 yuan for one child labour per month; if the employer uses child labour in working places with toxic materials, he/it shall be given a heavier punishment pursuant to the range of fine provided for in the Regulations on Labour Protection in Working Places with Toxic Materials or a fine of 5,000 yuan for one child labour per month. The Administrative Department of Public Security shall also order the employer to send the child labour back to the their original places of domicile to their parents or other custodians within a prescribed time limit, and to bear all the expenses for the transportation and accommodation incurred thereby.

If the employer fails to send the child labour back to their parents or other custodians within the prescribed time limit the Administrative Department of Public Security has ordered him/it to do so pursuant to the preceding paragraph, the Administrative Department of Public Security shall impose on the employer a fine of 10,000 yuan for one child labour per month, starting from the day of the order for correction, and the Department of Industry and Commerce Administration can revoke the employer's business license or the Department of Civil Affairs shall cancel the employer's registration of civilian operated non-enterprise entity; if the employer is a government agency or institutional entity, the relevant entity shall give the administrative sanctions or disciplinary sanctions of demotion or removal to the directly responsible personnel in charge or other directly responsible personnel.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. Management should review the current process and at which step of the hiring process a new worker is asked to provide identification that confirms their birth date.

2. Management should also review how age verification is validated and how copies of each workers ID 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.

Take Action:

1. If one does not already exist, there must be 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 ASAP.

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.

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.

Link for checking validity of ID card: http://www.dffyw.com/sfzcx/

EXAMPLE

COMMON CHALLENGES

Factories do not maintain adequate human resource systems and practices to verify that an applicant meets the minimum age 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 should not be allowed to work in factories.  This law is in place to protect the welfare of underage people. Good practice in checking for and managing young workers reduces liability risk for the factory and risk for the worker involved.

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

 Link to determine validity of provide ID cards: http://www.dffyw.com/sfzcx/

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 have a reliable system in place to verify the age of workers prior to hiring?

SDG RELEVANCE 12

Mosaic ID: Mosaic52439672