Is it legal for companies to recruit employees under the age of 16?

When recruiting workers, the employer must review the age of the workers. If the age of the workers hired is less than the legal limit, the employer is hiring child labor and must bear corresponding legal responsibilities. , so is it legal for companies to recruit employees under the age of 16? Let me answer the relevant questions for readers below.

Is it legal for companies to recruit employees who are 16 years old? According to the provisions of the labor law, employers are not allowed to hire workers under the age of 16, so it is legal for employers to recruit employees who are over 16 years old. Article 15 of the Labor Law of the People's Republic of China prohibits employers from recruiting minors under the age of sixteen. Literature, art, sports and special crafts units that recruit minors under the age of 16 must go through the approval procedures in accordance with relevant national regulations and protect their right to receive compulsory education.

How to deal with the employer's employment of child labor (1) If the employer uses child labor, the labor and social security department will impose a fine of 5,000 yuan per month for each child labor used; in workplaces where toxic substances are used Those who use child labor shall be severely punished in accordance with the fine range stipulated in the "Regulations on Labor Protection in Places Using Toxic Substances" formulated by the State Council, or in accordance with the standard of a monthly fine of 5,000 yuan for each child labor used. The labor and social security administrative department shall also order the employer to return the child laborer to his or her original place of residence within a time limit to his parents or other guardians, and all necessary transportation, food and accommodation expenses shall be borne by the employer. (2) If the employer uses child labor and is ordered to make corrections by the labor and social security administrative department, but still fails to return the child labor to his parents or other guardians within the time limit, the labor and social security administrative department shall, starting from the day when the labor and social security administrative department is ordered to make corrections within a time limit, based on the number of children employed. Child workers will be subject to the standard penalty of a fine of 10,000 yuan per month, and their business licenses will be revoked by the industrial and commercial administration department or the registration of private non-enterprise units will be revoked by the civil affairs department; if the employer is a state agency or public institution, the relevant unit shall punish the directly responsible supervisor in accordance with the law. The personnel and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions of demotion or dismissal. (3) If a child worker is sick or injured, the employer shall be responsible for sending the child to a medical institution for treatment and bear all medical and living expenses during the treatment period. (4) If a child worker is injured, disabled or dies, the employer’s business license shall be revoked by the industrial and commercial administration department or the registration of a private non-enterprise unit shall be revoked by the civil affairs department; if the employer is a state agency or public institution, the relevant unit shall take legal action against the person in charge who is directly responsible in accordance with the law. The employee and other directly responsible personnel shall be given administrative sanctions or disciplinary sanctions of demotion or dismissal; the employer shall also provide one-time compensation to the immediate family members of disabled child workers and deceased child workers, and the amount of compensation shall be calculated in accordance with the relevant provisions of the national industrial and commercial insurance. (5) Abducting child labor, forcing child labor, using child labor to engage in work at high altitudes, underground, radioactive, highly toxic, flammable and explosive, and the fourth level of physical labor intensity stipulated by the state, using child labor under the age of 14, or causing the death of child labor Or severely disabled, criminal liability shall be investigated in accordance with the provisions of the Criminal Law on the crime of child abduction, forced labor or other crimes.

Principles for restricting the employment of minors. In order to protect the healthy growth of minors, the state restricts the employment age of minors. Article 15 of the Labor Law stipulates that employers are prohibited from recruiting minors under the age of 16. Literature, art, sports and special crafts units that recruit minors under the age of 16 must go through the approval procedures in accordance with relevant national regulations and protect their right to receive compulsory education. This provision reflects the country’s protection policy for minors under the age of 16. In order to cooperate with the implementation of the labor law, the State Council issued the "Regulations on the Prohibition of Child Labor", which clearly defined the concept of child labor. The so-called child labor refers to those under the age of 16 who have labor relations with units or individuals. Juveniles and children who are engaged in work with economic income or engaged in individual work. Secondly, it stipulates the scope of prohibited use, that is, first, it prohibits state agencies, social groups, enterprises and institutions, individual industrial and commercial households, farmers, urban residents, etc. from using child labor.

Second, various employment agencies and other units and individuals are prohibited from introducing jobs to children under the age of 16. Third, industrial and commercial administrative departments at all levels are prohibited from issuing individual business licenses to children under the age of 16. Fourth, parents or other guardians shall not allow children or wards under the age of 16 to engage in child labor. For literary, artistic, sports and special craft units that need to recruit minors under the age of 16, they must go through the approval procedures in accordance with relevant national regulations and protect their right to receive compulsory education. The relevant national regulations mentioned here refer to the provisions of Article 8 of the "Regulations on the Prohibition of the Use of Child Labor", that is, when literary, artistic, sports and special craft units really need to recruit literary and artistic workers, athletes and artistic apprentices under the age of 16, It must be submitted to the labor administrative department at or above the county level (including county level) for approval. There are strict restrictions on the recruitment of minors under the age of 16 by specific units and the scope of work they engage in, that is, they can only be in literary and artistic, sports and special craft units. The above knowledge is my answer to the question "Is it legal for a company to recruit employees who are 16 years old?" According to the provisions of the labor law, employers are not allowed to hire workers under the age of 16, so it is legal for employers to recruit employees who are over 16 years old. of.