Provisions on Special Protection of Juvenile Workers : Article 8

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 arrange the juvenile workers to engage in suitable work according to the results of the health examination, and shall reduce the amount of labour or arrange other work according to the certificate issued by the Medical Department for those who are not competent for the original work post.

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. Ensure that there is a list of all juveniles working in the factory.  The list should identify the job title and all tasks that are completed by each juvenile.

 2. Identify the health clinic that is used for worker examinations including those for juveniles and the results of past tests.

 3. Confirm that all health check reports are kept in a secure location and can be accessed by authorized people.

 Take Action: 

 1. Compare completed health check reports against the list of juveniles and their jobs in the factory.  If juveniles are working in a job that is not suitable based on information in the health check report then they should be assigned to a suitable job immediately.

 2. For all newly completed health checks for juveniles beginning work in the factory, the results of the health check must determine suitable work for the juvenile.  This should be compared against the job duties that the juvenile is going to be assigned to.  The factory should make necessary changes to a juvenile's work tasks if the health check recommends it.

 3. If there are any questions regarding the information from the health check they should be reviewed directly with the health clinic that completed the examination.

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

 A juvenile worker's health is sensitive to the environment that they work in and as such it is important that the factory does not negatively affect the health of juvenile workers.  Factories must adjust the work completed by juveniles if the health check indicates an effect that is influenced by work completed in the 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: Child Labour

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic77279650