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Is it illegal for a factory to hire high school students aged 16 to 17 for summer jobs?
Not illegal. Legally, the age of a person with full capacity for civil conduct stipulated in my country's civil law is 18 years old. Citizens who are over 16 years old but under 18 years old and rely on their own labor income as their main source of living are regarded as persons with full capacity for civil conduct. Minors over the age of ten are persons with limited capacity for civil conduct. Moreover, there is also the term underage worker in law: it refers to the special protection regulations for underage workers who are over 16 years old but under 18 years old (Ministry of Labor Issue [1994] No. 498, December 9, 1994). Article 1 In order to safeguard the legitimate rights and interests of underage workers and protect their health during production work, these regulations are formulated in accordance with the relevant provisions of the Labor Law of the People's Republic of China. Article 2 Underage workers refer to workers who are over 16 years old but under 18 years old. The special protection of underage workers is a special labor protection measure taken based on the characteristics of underage workers in their growth and development period and the need to receive compulsory education. Article 3 Employers shall not arrange for underage workers to engage in the following scope of labor: (1) Dust contact operations above level one in the national standard "Classification of Hazardous Levels of Production Dust Operations"; (2) National Standard "Classification of Toxic Operations" (3) High-altitude operations above Level 2 in the national standard "Classification of Work at Height"; (4) Cold water operations above Level 2 in the national standard "Classification of Cold Water Work"; ( 5) High-temperature operations above Level 3 in the national standard "Classification of High-temperature Work"; (6) Low-temperature operations above Level 3 in the national standard "Classification of Low-temperature Work"; (7) Classification of low-temperature work in the national standard "Classification of Physical Labor Intensity" Operations with level four physical labor intensity; (8) Quarrying operations in underground mines and mine floors; (9) Logging, deforestation and forest guarding operations in the forestry industry; (10) Operations involving exposure to radioactive materials in the workplace; (11) Operations with high risks such as flammable and explosive, chemical burns and thermal burns; (12) Field operations for geological exploration and resource exploration; (13) Diving, culverts, culvert operations and operations above an altitude of three thousand meters Plateau operations (excluding those who have lived on the plateau for a long time); (14) Operations where the load is continuously carried more than six times per hour and exceeds 20 kilograms each time, and the intermittent load exceeds 25 kilograms each time; (15) The use of rock drills, Operations involving tamping machines, air picks, air shovels, rivet machines, and electric hammers; (16) The need to maintain forced postures such as lowering the head, bending over, lifting up, and squatting for a long time, and the frequency of movements is more than 50 times per minute. Assembly line operations; (17) Boiler stokers. Article 4 When underage workers suffer from certain diseases or have certain physiological defects (non-disabled), the employer shall not arrange for them to engage in the following range of labor: (1) Level 1 in the national standard "Classification of Work at Height" High-altitude operations above; (2) Low-temperature operations above Level 2 in the national standard "Classification of Low-temperature Work"; (3) High-temperature operations above Level 2 in the national standard "Classification of High-Temperature Work"; (4) "Manual Labor" Operations with physical labor intensity above Level 3 in the national standard "Intensity Classification"; (5) Operations that are likely to cause allergic reactions such as exposure to lead, benzene, mercury, formaldehyde, carbon disulfide, etc. Article 5 Underage workers who suffer from certain diseases or have certain physiological defects (non-disabled) refer to those who have one or more of the following conditions: (1) Cardiovascular system 1. Congenital heart disease; 2. Keshan disease; 3. Heart murmur of grade 2 or higher during systole or diastole. (2) Respiratory system 1. Moderate or above tracheitis or bronchial asthma; 2. Breathing sounds are significantly weakened; 3. Various types of tuberculosis; 4. Frail children and those with repeated respiratory tract infections. (3) Digestive system 1. Various types of hepatitis; 2. Liver and splenomegaly; 3. Gastric and duodenal ulcers; 4. Various digestive tract hernias. (4) Urinary system 1. Acute and chronic nephritis; 2. Urinary tract infection. (5) Endocrine system 1. Hyperthyroidism; 2. Moderate or above diabetes. (6) Psychological nervous system 1. Significantly low intelligence; 2. Mental depression or rage.
(7) Muscle and skeletal movement system 1. Height and weight are lower than the standards for peers; 2. One or more limbs have obvious functional impairment; 3. More than a quarter of the trunk has limited movement, including rigidity or inability to rotate. (8) Others 1. Tuberculous pleurisy; 2. Various types of severe arthritis; 3. Schistosomiasis; 4. Severe anemia, with hemoglobin less than 95 grams per liter (lt; 9.5g/dL). Article 6 The employer shall conduct regular health examinations for underage workers in accordance with the following requirements: (1) Before assigning a job; (2) After working for one year; (3) After reaching the age of 18, it has been since the previous physical examination More than half a year. Article 7 The health examination of underage workers shall be carried out in accordance with the items listed in the "Health Examination Form for Underage Workers" attached to these regulations. Article 8 The employer shall arrange for minor workers to engage in suitable labor based on their health examination results. For those who are not qualified for the original job position, the employer shall reduce the workload or arrange other labor based on the certificate from the medical department. Article 9 Implements a registration system for the use and special protection of underage workers. (1) Employers that recruit and use underage workers, in addition to meeting general employment requirements, must also register with the local labor administration department at or above the county level. The labor administration department shall issue a "Registration Certificate for Underage Workers" based on the "Health Examination Form for Underage Workers" and the "Registration Form for Underage Workers". (2) Labor administrative departments at all levels must review the physical examination status and the scope of work to be arranged in accordance with the relevant provisions of Articles 3, 4, 5 and 7 of these regulations. (3) Underage workers must hold a "Registration Certificate for Underage Workers" to work. (4) The "Registration Certificate for Underage Workers" shall be uniformly printed by the labor administration department of the State Council. Article 10 The employer shall provide relevant occupational safety and health education and training to minor workers before they take up their posts; the physical examination and registration of minor workers shall be handled and paid for by the employer. Article 11 The labor 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 laws and regulations. Trade union organizations at all levels shall supervise the implementation of these regulations. Article 12 The labor administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these regulations. Article 13 These regulations shall come into effect on January 1, 1995.
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