Provisions on Special Protection of Juvenile Workers : Article 9

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

Employment of juvenile workers should be registered with the Labour Administrative Department at or above the county level where it is located.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 11. Labour Administrative Departments at or above the county level shall supervise and inspect the implementation of these regulations by employers, and impose penalties on violations of these regulations in accordance with relevant regulations.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. Verify there is an updated list of all juveniles in the factory and determine which, if any, are currently registered.  The list should include each juvenile's full name, their job title and the location that they work in. This list should also include the birth date of each juvenile along with the date the juvenile will turn 18 years of age.

2. Review the local  requirements for the registration of juvenile workers.

Take Action:

1. Confirm that each juvenile working in the factory is registered with the local authority.  If a juvenile is found to not be registered then they should follow the steps in place with the local authority to have them registered properly.

2. For juveniles that are newly hired by the factory,  management should designate someone to confirm that the local registration process has been completed properly prior to work in the factory.

3. Learn how to update the registration of juvenile workers with the local county authority.  Juvenile workers are those workers between 16 and 18 years of age.  Once a worker turns 18 they are no longer considered to be a juvenile.  The registration of juveniles with the local authority should be updated once those previously registered turn 18 years of age.

Note: Different cities have A link for registration after the factory has created a profile.  For example, below is the registration Link for Zhejiang Province:

http://www.zjzwfw.gov.cn/zjzw/service/list/showItem.do?code=60a0a345-cf67-4343-a57c-faf636ec248f&webId=7&id=229051&oldwebid=7

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

 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

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 keep a register of workers under 18 years of age as specified in national law?

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic11368002