Is a child laborer considered a child if he is 16 years old? Can he be employed?

Teenagers are supposed to be the age where they receive the baptism of knowledge on campus. Some children will go to work alone in certain factories due to family conditions, family changes or psychological factors. Then these companies hire unqualified students. Even if child labor is employed in adults, is it considered child labor if a child works at the age of 16? The editor has given the following suggestions on related issues, hoping to answer your confusion.

1. Is it considered child labor if a child works under the age of 16?

Workers who are over 16 years old are not considered child labor and are considered underage workers. Employers can recruit underage workers, but they should be Labor laws provide special protection.

2. Are work-related injuries and deaths of illegally employed child laborers considered work-related injuries

In order to protect the physical and mental health of minors, the state has formulated special laws to provide them with special protection. As early as 1991, the State Council In April 2017, the Provisions on the Prohibition of Child Labor were promulgated, prohibiting employers from recruiting minors under the age of 16, and stipulating that children’s parents or legal guardians have the obligation to ensure that they are not illegally employed by employers. In addition, Article 18 of the Labor Law also stipulates that labor contracts that violate laws and administrative regulations are invalid. These are restrictions on illegal employment of child labor.

Because one party to the labor contract is a minor and violates the mandatory legal provisions prohibiting the use of child labor, the labor contract is invalid, and the de facto labor relationship between the employee and the employer is also invalid due to the fact that the employee It is not established if the child is a minor, that is, there is no labor relationship between the child worker and the employer, unless there are special provisions in the law. According to the "Regulations", it can be seen that for an injured employee to be recognized as a work-related injury, he must prove that he has a labor relationship (including a de facto labor relationship) with the employer. Since there is no labor relationship between a child laborer and the employer, an illegally employed child laborer who suffers an injury or death due to work cannot be punished. Confirmed as a work-related injury.

Child labor is mostly employed in certain factories or small shops with incomplete qualification certificates. Generally, companies have certain restrictions on the age and education requirements of employees. Employing child labor is already a violation of the law. If child labor is deducted again, More crimes will be added to the wages, requiring factories to strictly prohibit the employment of minors. If you have any questions about the law, please feel free to seek legal consultation.

Legal basis: According to Article 58 of the Labor Law, the state implements special labor protection for female employees and underage workers. Underage workers refer to workers who are over 16 years old but under 18 years old. Article 64: Underage workers shall not be assigned to work underground in mines, work that is toxic or harmful, work with level four physical labor intensity prescribed by the state, and other work that is taboo. Article 65 Employers shall conduct regular health examinations for underage workers.