Legal requirements for recruiting employees under the age of 18

The employer shall not recruit minors under the age of 16. If it recruits minors who are over the age of 16 but under the age of 18 in accordance with relevant national regulations, the employer shall comply with the national regulations on the type of work. , working hours, labor intensity and protective measures, etc., they shall not be arranged to engage in labor or dangerous operations that are overly heavy, toxic, harmful, etc. that endanger the physical and mental health of minors.

It is not illegal to hire workers who are over 16 years old but under 18 years old. Child labor refers to teenagers and children under the age of 16 who have a labor relationship with a unit or individual and engage in work with economic income or engage in individual work. A juvenile worker is any worker above the age of a child as defined above but under the age of eighteen.

It is prohibited for any unit or individual to introduce employment to minors under the age of 16. Literary, artistic and sports units may recruit professional literary and artistic workers and athletes under the age of 16 with the consent of the minor's parents or other guardians. Employers shall protect the physical and mental health of recruited minors under the age of 16 and protect their right to receive compulsory education.

Situations in which the company does not require compensation for dismissing employees:

1. Serious violation of the employer’s rules and regulations

The following three conditions must be met for this situation to apply: :

(1) The content of rules and regulations must comply with the provisions of laws and regulations, and be made public through democratic procedures.

(2) The employee’s behavior exists objectively and is a “serious” violation of the employer’s rules and regulations. What is considered “serious” should generally be based on the limits stipulated in labor regulations and the employer’s internal Rules and regulations are subject to the specific boundaries set by this limit. For example, those who violate operating procedures, damage production and operation equipment and cause economic losses, disobey the employer's normal work arrangements, disobey the employer's labor and personnel management, make trouble unreasonably, get into fights, spread rumors and damage the reputation of the company, etc., will have a negative impact on the employer's normal production. Business order and management order bring harm.

(3) The employer handles workers in accordance with the procedures stipulated in the unit's rules and regulations, and in compliance with relevant laws and regulations.

2. Serious dereliction of duty, malpractice for personal gain, causing significant damage to the interests of the employer

Conditions that need to be met for dismissal of employees:

During the probation period, The employer can dismiss the employee only when the employee has one of the following legal circumstances:

(1) The employee is proven not to meet the employment conditions during the probation period;

(2) The employee seriously violates the rules and regulations of the employer;

(3) The employee seriously neglects his duty, engages in malpractice for personal gain, and causes significant damage to the employer;

(4) Labor The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes;

(5) The employee uses fraud or coercion to Or taking advantage of others' danger, the employer concludes a labor contract against its true intention;

(6) The employee is held criminally responsible in accordance with the law;

(7) The employee suffers from illness The employee is ill or injured not due to work and cannot engage in the original job after the prescribed medical treatment period, nor can he engage in another job arranged by the employer;

(8) The employee is not qualified for the job and after training or adjustment They are still unable to perform their jobs. Except for the above circumstances, the employer shall not terminate the labor contract during the probation period.

Legal Basis

"Labor Law of the People's Republic of China" (2018 Amendment)

Article 15 prohibits employers from recruiting employees under ten years of age Minors under six years of age.

Articles, sports and special craft units that recruit minors under the age of 16 must abide by relevant national regulations and protect their right to receive compulsory education.

Article 94 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 market supervision and management department shall revoke its business license. .

Article 11 of the "Law of the People's Republic of China on the Protection of Minors" (2020 Revision) Any organization or individual discovers a situation that is detrimental to the physical and mental health of minors or infringes upon the legitimate rights and interests of minors , all have the right to dissuade, stop, or report or accuse to the public security, civil affairs, education and other relevant departments.

If state agencies, residents’ committees, village committees, units that have close contact with minors and their staff find that minors’ physical and mental health has been infringed upon, suspected of being infringed upon, or face other dangerous situations at work, It should be reported immediately to the public security, civil affairs, education and other relevant departments.

When relevant departments receive reports, accusations or reports involving minors, they shall promptly accept and handle them in accordance with the law, and notify relevant units and personnel of the handling results in an appropriate manner.