Provisions on Special Protection of Juvenile Workers : Article 6

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

Employers should provide, according to the following requirements, regular health examination: a) before the juvenile worker begins working at the enterprise; b) after the juvenile worker has worked for one full year; c) when the juvenile worker has reached 18 years of age and has not had a physical examination in the previous six months.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

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: (8) Failing to hold physical examinations for underage labourers at regular intervals.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. Identify the health clinic that is used for worker examinations including those for juveniles.

2. Confirm the current process for scheduling health checks for juveniles including who is responsible in the factory as well as the point of contact at the health clinic.

3. Review existing list of juvenile workers and their files to evaluate if any are currently missing.

Take Action:

1. Establish or confirm the relationship with a health clinic that is suitable to perform health checks on juvenile workers.  All juvenile workers who are employed at the factory should receive their health checks through this clinic.

2. Health examinations should be scheduled for juveniles at the start of employment, one year after the start of employment and when the juvenile turns 18 years old if there was no health check completed in the previous 6 months. The factory should have people responsible for completing this action.  There should be a policy in place to confirm that this action will occur as required.

3. Retain all health check documentation in a secure location that is only accessible by authorized persons. These are often kept in individual worker files.

4. Create or update formal policies, procedures and practices to ensure ongoing adherence to onboarding new juvenile workers.

*If the previous health check is conducted within 3 months, the health check report can be used as the next one of health check, for example, if the factory had just arranged the health check for juvenile worked for one full year, and within 3 months, the workers would reach 18 years, no health check is required to be conducted.

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.

No health examination was provided to the juvenile workers in the factory.  Factory did not establish young workers protection system, maintain the list of juvenile workers, perform periodic checks and arrange physical examinations.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 The law states that the health of juvenile workers must be actively monitored by factory management since the health of juvenile workers is sensitive to the environment that they work in.  The law also exists to confirm that the work environment does not harm the health of juvenile workers and the regular health checks help to confirm this. Correct implementation means fewer workforce disruptions.

Penalties for employing underage workers outside of the applicable regulations are high. Liability risks for the factory also are high in the event of the young worker sustaining injury or death in the workplace.

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: Mosaic02054109