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Age standard and punishment of child labor
According to Chinese laws, children under 16 are regarded as child labor (excluding 16).
According to the Law on the Protection of Minors and related laws, child labor refers to the employment of people under the age of 16, and minors refer to people under the age of 18.
Second, the use of child labor fines
The Labor Law stipulates that if an employer uses child labor, the administrative department of labor and social security will punish it according to the standard of a fine of 5,000 yuan per child. Whoever uses child labor in workplaces where toxic substances are used shall be given a heavier punishment; If it fails to make corrections within the time limit, it shall be punished according to the standard of a monthly fine of 1 000 yuan per child worker, and its business license shall be revoked or the registration of private non-enterprise units shall be revoked.
Units or individuals who introduce 16 minors to employment will be punished according to the standard of a fine of 5,000 yuan per introducer. Kidnapping and abducting child labor, forcing child labor, using child labor to engage in high altitude, underground, radioactive, highly toxic, flammable and explosive labor with the fourth level of physical labor intensity stipulated by the state, using child labor under the age of 14, or causing child labor death or serious disability, criminal responsibility shall be investigated according to law.
Staff of state administrative organs such as labor and social security departments, public security organs, and administrative departments for industry and commerce who neglect their duties and abuse their powers, which constitutes a crime, will also be investigated for criminal responsibility according to law. In order to protect the physical and mental health of minors, Decree No.364 of the State Council promulgated the Provisions on Prohibiting the Use of Child Labour, which prohibits employers from recruiting minors under the age of 16.
According to the regulations, employers include state organs, social organizations, enterprises and institutions, private non-enterprise units and individual industrial and commercial households, and may not recruit minors under the age of 16, that is, child labor; At the same time, it is forbidden for any unit or individual to introduce employment to minors under the age of 16, and it is forbidden for minors under the age of 16 to start businesses and engage in self-employed activities.
/kloc-Parents or other guardians of minors under the age of 0/6 have the obligation to ensure that they are not illegally recruited by the employer. When recruiting personnel, the employer must also check the identity card of the recruited personnel. The administrative departments of labor security, public security, industry and commerce administration, education, health and other mass organizations of the people's governments at or above the county level have relevant obligations.
How to punish child labor? /kloc-Minors under the age of 0/6 may not be employed or employed as children. The employment of child labor will be punished by law. You have to pay a fine of 5000 yuan to hire a child laborer. If it is not corrected, it will be fined 10000 per month and its business license will be revoked. Those who cause serious consequences may be investigated for criminal responsibility.
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