Provisions on Special Protection of Juvenile Workers : Article 10

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LAW DETAILS

COUNTRY                                

China

LEGAL CODE TITLE

Provisions on Special Protection of Juvenile Workers

LEGAL CODE REFERENCE        

Article 10

REVISION DATE                      

34700

LEGAL JURISDICTION              

National

APPLICABILITY  

Manufacturing

SECTION       

Child Labour

SUBSECTION A                       

Young Workers

SUBSECTION B                        

Training

LINK TO FULL TEXT OF LAW:

SUMMARY OR KEY PROVISION OF THE LAW

(D) The employer should provide occupational safety and health education and training as well as a health examination to juvenile workers before they start work. The fees for education, training and health examinations should be paid by the employer.

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. Compile or review list of all juveniles in the factory along with the jobs that are currently assigned to them or that could be assigned them.

 

2. Review list of training currently provided at the factory applicable to those job assignments approve for juvenile workers. For each job the tasks should be listed along with the required health and safety training that must be completed before starting each job.

 

3. Review any policies or practices that have required any fees for education, training or health examination to be paid for by the juvenile workers. Unlike some cases for adult workers, juveniles should not pay for any training related fees without exception.

 

 

Take Action:

 

1. The health and safety training content that is communicated to adult workers in the factory should be reviewed to determine if the content is suitable for juveniles compared against the job assigned to juveniles.

 

2. A separate set of health and safety training content should be developed if additional information needs to be presented so that juveniles understand the content to adequately protect their safety.  The factory should feel comfortable using existing health and safety training content if it is acceptable.

 

3. Schedule and conduct any trainings that are needed, but have not yet been given.

 

4. Keep detailed records of trainings given to each juvenile worker. These should be maintained in a spreadsheet and/or in individual worker files.

 

5. Any fees associated with health and safety training and health checks for juveniles are the responsibility of the factory.  Juveniles should not pay any costs for health and safety training up front.

COMMON CHALLENGES

Factories neglect to have a health examination completed for all juvenile and does not provide them any specialized training.

 

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

 As with all other workers in a factory, juvenile workers must receive safety training that is relevant to their job before they start working in a factory. The factory should be aware that safety training content may be suitable for adult workers but not suitable for juvenile workers.  Juvenile workers may need safety information explained differently or in greater detail to make sure they understand properly.  This law requirement is in place to make sure that health and safety training is delivered and understood properly by juveniles.

 

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: 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: Mosaic06432003

 

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