How to report the employment of child labor

Once you find child labor, please immediately complain to the local human resources and social security bureau. According to the relevant laws and regulations of the State Council, if an employer finds that child labor is used, it shall report the complaint to the local human resources and social security bureau. The easiest way is to call the hotline to complain to the labor security consultation. You can also complain to the local labor inspection brigade.

If the administrative department of labor and social security of the people's government at or above the county level is in charge of using child labor, it is found that the person can report it by phone, writing a tip-off letter or directly to the labor administrative department.

Employers who illegally recruit child workers to engage in labor may be given a heavier punishment in addition to ordering them to return immediately, and each child worker may be fined 3,000 to 5,000 yuan; If the circumstances are particularly serious and refuse to correct, it will be ordered to immediately suspend business for rectification until its business license is revoked. Those who abuse child labor will be submitted to the judicial department for criminal responsibility according to law. Regarding the problem that 15 years old is a child worker's report, according to the relevant laws and regulations of our country, it is forbidden for any unit or individual to recruit minors under 16 years old to work for them. Once found, the court will punish the employer or individual according to law, and those who violate the criminal law will be investigated for criminal responsibility according to law.

What legal responsibility does the employer bear for using child labor?

1. If the circumstances are general, and the employer illegally recruits minors under the age of 16, the labor administrative department shall order them to make corrections and impose a fine.

2. If the circumstances are serious, in violation of labor management laws and regulations, recruit minors under the age of 16 to engage in ultra-intense manual labor, or engage in aerial or underground operations, or engage in labor in explosive, flammable, radioactive or toxic dangerous environments, if the circumstances are serious, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever commits the acts mentioned in the preceding paragraph and causes an accident, which constitutes other crimes, shall be punished in accordance with the provisions on combined punishment for several crimes.

3. If the employing unit uses child labor, the administrative department of labor and social security shall punish it according to the standard of a fine of 5,000 yuan per child per month, and the administrative department of labor and social security shall also order the employing unit to send the child labor back to its original place of residence to its parents or other guardians within a time limit, and all the transportation and accommodation expenses required shall be borne by the employing unit.

To sum up, child workers are unconscious of their actions, because they belong to people with no or limited capacity for civil conduct, so the law gives them special protection. Anyone who illegally uses child labor should bear legal responsibility, whether it is a guardian or a factory. As long as you break the law, you need to bear legal responsibility.

The conditions for determining the use of child labor are:

1, in violation of labor management regulations, recruiting minors under the age of 16 to engage in labor. Labor management laws and regulations refer to the Labor Law, the State Council's administrative regulations on labor protection, and other laws and regulations on labor protection. Employment refers to the act of paying wages and using others to provide labor for oneself. If parents let minor children work in their own factories, workshops, etc. , should not be considered as an employment relationship. The essence of employment relationship is a relatively stable labor relationship between employers and employees. Therefore, compared with the general provision of paid services, employment should have a certain period of time.

For example, it is not employment to provide temporary services such as carrying bags for yourself at stations and docks. The so-called fixed period is just different from that of temporary labour relation. As long as there is a relatively fixed labor relationship between users, there is no requirement for both parties to have a clear time agreement. Similarly, as long as there is a de facto labor relationship between the illegal employer and the employed child labor, it is not conditional on whether to sign a written labor contract.

Labor management laws and regulations clearly stipulate the age of workers. In order to protect the physical and mental health of minors and safeguard their legitimate rights and interests, the labor management regulations clearly stipulate that it is forbidden to recruit minors under the age of 16, and it is illegal for any employer or individual to use minors under the age of 16 to engage in labor. In addition, according to the relevant labor management laws and regulations, literary and art and sports units may employ professional literary and art workers and athletes under the age of 16 with the consent of minors' guardians; Schools, other educational institutions and vocational training institutions, in accordance with the relevant provisions of the state, organize minors under the age of 16 to engage in educational practice and vocational skills training that will not affect their personal safety and physical and mental health, which does not belong to the use of child labor. However, the recruitment of literary, artistic and sports workers must abide by the relevant provisions of the state.

In judicial practice, we should pay attention to distinguish it from some units or individuals who illegally employ child labor to perform vulgar and dangerous performances under the signboard of cultural and sports activities.

2. Hire minors under the age of 16 to engage in ultra-intense manual labor, aerial and underground operations, or engage in labor in explosive, flammable, radioactive and toxic dangerous environments. It is illegal to recruit minors under the age of 16 in violation of labor management regulations, but not all of them are criminal acts. The act that constitutes the crime of illegal use of child labor is limited to the act of illegal use of child labor to engage in specific labor that is harmful to the physical and mental health of minors as clearly stipulated in the criminal law.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 15 of the Labor Law prohibits employers from recruiting minors under the age of 16. Units of literature, art, sports and special arts and crafts that recruit minors under the age of 16 must go through the examination and approval procedures in accordance with the relevant provisions of the state and guarantee their right to receive compulsory education.