Is it legal to employ employees under the age of 18?

In general occupations, those who have reached the age of 16 but are under the age of 18 are restricted in employment, and it is legal to recruit such employees. However, the state has special protection and restrictions on such employees, such as not working overtime, attending physical examinations on schedule, not taking part in heavy manual labor, and not doing jobs with toxic substances. It is forbidden for any unit or individual to introduce employment to minors under the age of 16. With the consent of the parents or other guardians of minors, literary and art and sports units may employ professional literary and art workers and athletes under the age of 16. The employing unit shall ensure the physical and mental health of the recruited minors under the age of 16 and their right to receive compulsory education.

1. what kind of punishment will be imposed on child labor?

1. If the employing unit uses child labor, the labor and social security department will punish it according to the standard of a fine of 5, yuan per month for each child; Anyone who uses child labor in workplaces where toxic substances are used shall be given a heavier punishment according to the fine range stipulated in the Regulations on Labor Protection in Places where Toxic Substances are Used formulated by the State Council, or according to the standard of a fine of 5, yuan per month for each child worker. The administrative department of labor and social security shall also order the employing unit to send the child workers back to their original residence to their parents or other guardians within a time limit, and all the transportation, accommodation and expenses required shall be borne by the employing unit.

2. If the employing unit fails to deliver the child labor to its parents or other guardians after the date when the administrative department of labor and social security orders it to make corrections, the administrative department of labor and social security will impose a fine of 1, yuan per month for each child labor, and the administrative department for industry and commerce will revoke its business license or the civil affairs department will cancel the registration of private non-enterprise units; If the employing unit is a state organ or institution, the relevant unit shall give administrative or disciplinary sanctions of demotion or dismissal to the directly responsible person in charge and other directly responsible personnel according to law.

3. If a child worker is sick or injured, the employer shall be responsible for sending him to a medical institution for treatment, and bear all medical and living expenses during the treatment.

4. If child labor is disabled or killed, the business license of the employing unit shall be revoked by the administrative department for industry and commerce or the registration of private non-enterprise units shall be revoked by the civil affairs department; If the employing unit is a state organ or institution, the relevant unit shall give administrative or disciplinary sanctions of demotion or dismissal to the directly responsible person in charge and other directly responsible personnel according to law; The employing unit shall also compensate the immediate family members of the disabled child laborers or the dead child laborers at one time, and the amount of compensation shall be calculated in accordance with the relevant provisions of the state industrial and commercial insurance.

5. Whoever abducts child labor, forces child labor, uses child labor to engage in high altitude, underground, radioactive, highly toxic, inflammable and explosive labor with the fourth level of physical labor intensity stipulated by the state, uses child labor under the age of 14, or causes death or serious disability to child labor, shall be investigated for criminal responsibility according to the provisions of the Criminal Law on crime of trafficking in children, forced labor or other crimes.

2. The employing unit shall conduct regular health check-ups for underage workers according to the following requirements:

1. Before arranging jobs;

2. Having worked for one year;

3. At least 18 years old, and it has been more than half a year since the previous physical examination.

Legal basis: Article 94 of the Labor Law of the People's Republic of China, if an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the market supervision and management department.