Provisions on Special Protection of Juvenile Workers : Article 3

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/gz/201705/t20170523_271241.html

SUMMARY OR KEY PROVISION OF THE LAW

The employing unit shall not arrange juvenile workers to engage in the following areas of work: (1) dust collection operations above Grade I in the national standards classification of "Hazard Degree in Productive Dust Operation"; (2) toxic operations above Grade I in the national standards for the "Classification of Toxic Operations"; (3) work at height above Grade II in the national standard "Work at Height Grading"; (4) cold water operation above Grade II in the national standard of "Cold Water Operation Grading"; (5) high temperature operation above Grade III in the national standard "High Temperature Operation Classification"; (6) Low-temperature operation above Grade III in the national standard "Classification of Low-temperature Operation"; (7) operations with Grade IV physical labour intensity in the national standard "Classification of Physical Labour Intensity"; (8) quarrying operations underground and on the surface of mines; (9) logging, removing and guarding of forests in the forestry industry; (10) operations in contact with radioactive substances in the workplace; (11) operations with high risk such as flammable, explosive, chemical and thermal burns; (12) field operations in geological exploration and resource exploration; (13) diving, culverts and operations on the plateau above an altitude of 3,000 meters (excluding those who have lived in the plateau for many years); (14) continuous loading exceeding 20kg for more than 6 times per hour, and intermittent loading exceeding 25kg for each time; (15) operations using rock drills, tampers, gas picks, gas shovels, riveters and electric hammers; (16) assembly line work that requires keeping the head down, bending, lifting, squatting and other forced postures for a long time and the frequency of movements greater than 50 times per minute; (17) boiler operator.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 68 of Law of the People's Republic of China on the Protection of Minors. An organization or individual that illegally hires minors who have not reached the age of sixteen or minors who have reached the age of sixteen to do overly strenuous jobs, jobs exposed to toxic or hazardous substances or other jobs that imperil their physical or mental health, or to engage in dangerous operations, shall be instructed by the Department of Labour and Social Security to rectify and shall be fined. If the circumstances are serious, its/his business license shall be revoked by the Administrative Department for Industry and Commerce.

Article 23 of Regulation on Labour Security Supervision. Where an employing entity has any of the following acts, it shall be ordered by the Labour Security Administration to make a correction, and be imposed upon a fine of no less than 1,000 Yuan but no more than 5,000 Yuan for each aggrieved labourer:

Arranging underage labourers to undertake work under wells at mines, poisonous or harmful work, work with Grade IV physical labour intensity as prescribed by the state, or any other labour that the state prohibits.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. Review list of all jobs and tasks that are completed in the factory as well as those assigned juvenile workers. 

2.Review existing policies, procedures, practices (formal or informal) and responsibilities related to work assignments for juvenile workers.

Take Action:

1. Clearly identify those tasks that match the description of prohibited tasks and environments that are listed in the law requirement.

2. Assign each juvenile a job that does not include the tasks or environments listed in the law requirement.

3. If the tasks associated with a job changes (it newly includes tasks or environments that are listed in the law requirement) then the factory should update the list of all jobs and tasks and verify that juveniles are not assigned to any of the newly updated jobs.

4. If a juvenile is found to be assigned to a job that includes tasks or environments listed in the law requirement then they must be assigned to a new suitable job immediately.

4. If the factory allows for temporary transition in jobs for workers based on need and demand management should make sure that juveniles are not temporarily assigned to any jobs that they are restricted from doing as stated in the law requirement.

5. Create or update existing formal policies procedures that cover the job assignments and working schedules for minors and ensure responsible staff understand the update requirements.

COMMON CHALLENGES

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 states that juvenile workers are not allowed to do certain jobs or work in certain types of environments in a factory.  This is to make sure that their long term health is not negatively impacted by any work they would do in a factory.

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: Hazardous Work and other Worst Forms

ILO COMPLIANCE QUESTIONS: Does the employer subject any workers under age 18 to the worst forms of child labour (including hazardous work, work at night, or work for long hours)?

Child Question: Does the employer comply with other legally required measures to protect workers under age 18?

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic81416603