Decree of the State Council of the People's Republic of China
No. 364
The "Prohibition on the Use of Child Labor" has been adopted by the 63rd Executive Meeting of the State Council on September 18, 2002, and is now promulgated. It will come into effect on December 1, 2002.
October 1, 2002
"Prohibition on the Use of Child Labor" (full text)
Article 1 These regulations are formulated in accordance with the Constitution, the Labor Law, and the Law on the Protection of Minors in order to protect the physical and mental health of minors, promote the implementation of the compulsory education system, and safeguard the legitimate rights and interests of minors.
Article 2: No state organ, social organization, enterprise, institution, private non-enterprise unit, or individual industrial and commercial household (hereinafter collectively referred to as an employer) may not recruit minors under 16 years of age (recruit minors under 16 years of age, below (Collectively, the use of child labor).
No unit or individual is allowed to introduce employment to minors under 16 years of age.
Minors under the age of 16 are prohibited from starting their own businesses.
Article 3 Parents or other guardians of minors under the age of 16 shall protect their physical and mental health, guarantee their right to compulsory education, and shall not allow them to be recruited illegally by employers.
If the parents or other guardians of a minor under 16 years of age allow them to be recruited illegally by the employer, the local township (town) people's government, city street office, villagers 'committee and residents' committee shall give them criticism and education.
Article 4 When recruiting personnel, the employer must check the ID card of the recruited person; all minors under the age of 16 shall not be employed. The employment registration and verification materials of the employing unit shall be properly kept.
Article 5 The labor security administrative departments of the people's governments at or above the county level are responsible for the supervision and inspection of the implementation of these regulations.
The administrative departments of public security, industrial and commercial administration, education, and health of the people's governments at and above the county level shall, within their respective responsibilities, supervise and inspect the implementation of these Provisions and cooperate with the supervision and inspection of the labor security administrative department.
Mass organizations such as trade unions, Communist Youth Leagues, and Women's Federations shall safeguard the legal rights and interests of minors in accordance with law.
Any unit or individual who discovers the use of child labor has the right to report it to the labor security administrative department of the people's government at or above the county level.
Article 6 Where an employer uses child labor, the labor security administrative department shall impose a penalty of 5,000 yuan per month for each child labor used; if the child labor is used in a workplace using toxic substances, the labor shall be conducted in accordance with The amount of fines stipulated in the Protection Regulations, or a fine of 5,000 yuan per month for the use of a child worker, shall be severely punished. The labor security administrative department shall also order the employer to return the child labor to its original place of residence within a time limit and hand it over to its parents or other guardians. All the transportation, accommodation and boarding expenses required shall be borne by the employer.
If the employer is ordered to make corrections within the time limit according to the provisions of the preceding paragraph, and the child labor is not delivered to its parent or other guardian within the time limit, the labor and safety administration department shall, from the date of ordering the correction, within one month of using each child labor A standard fine of 10,000 yuan shall be imposed, and its business license shall be revoked by the administrative department for industry and commerce or the registration of a private non-enterprise unit shall be revoked by the civil affairs department; if the employing unit is a state agency or public institution, the relevant unit shall be directly responsible for the person in charge And other directly responsible persons for administrative sanctions or disciplinary sanctions.
Article 7 Any unit or individual who introduces employment for a minor under the age of 16 shall be punished by the labor security administrative department according to the standard of a fine of 5,000 yuan for each person introduced; an employment agency introduces employment for a minor under 16 , And the employment security license shall be revoked by the labor security administration.
Article 8 If the employer fails to keep the employment registration materials or forges the employment registration materials in accordance with Article 4 of these regulations, the labor security administrative department shall impose a fine of 10,000 yuan.
Article 9 Units without business licenses, business licenses that have been revoked according to law, and units that have not been registered or filed in accordance with the law use child labor or introduce child labor in accordance with the standards specified in Articles 6, 7, and 8 of these regulations. The fine was banned by the relevant administrative department.
Article 10 If child labor is sick or injured, the employer shall be responsible for sending it to a medical institution for treatment, and shall bear all medical and living expenses during the treatment period.
In the event of child labor injury or disability, the employer shall be revoked the business license by the administrative department for industry and commerce or the civil non-enterprise unit shall be revoked by the civil affairs department; if the employer is a state organ or public institution, the responsible person and other persons directly responsible shall The directly responsible personnel shall be given administrative sanctions or disciplinary sanctions for demotion or dismissal; the employer shall also provide compensation to the immediate family members of the disabled child laborer or the dead child laborer, and the compensation amount shall be calculated in accordance with the relevant regulations of the national industrial injury insurance.
Article 11 Abduction of child labor, forced child labor, use of child labor for high-altitude, underground, radioactive, high-toxicity, flammable and explosive, and fourth-level physical labor intensity as required by the state, use of child labor under the age of 14, or cause child labor In case of death or severe disability, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on the crime of child trafficking, forced labor or other crimes.
Article 12 Staff members of state administrative organs shall be given administrative sanctions in accordance with the law if they are either degraded or demoted; if the circumstances are serious, they shall be given administrative sanctions of dismissal or dismissal in accordance with the law; Criminal, negligent or other crimes shall be investigated for criminal responsibility according to law:
(1) Workers of relevant departments such as labor security find that the use of child labor is not stopped, corrected, or punished in the supervision and inspection work that prohibits the use of child labor;
(2) The people's police of the public security organ issued an identity card in violation of the regulations or registered the false birth date on the identity card;
(3) The staff of the administrative department for industry and commerce found that the applicant was a minor under 16 years of age and still issued a business license for self-employment.
Article 13 Literary, art, and sports units may, with the consent of the minor's parents or other guardians, recruit professional literature and art workers and athletes under the age of 16. The employing unit shall guarantee the physical and mental health of the minors under the age of 16 recruited and the right to receive compulsory education. The measures for recruiting professional literary and art workers and athletes under the age of 16 by arts and sports institutions shall be formulated by the State Council ’s labor security administrative department in conjunction with the State Council ’s cultural and sports administrative department.
Schools, other educational institutions, and vocational training institutions organize minors under the age of 16 to carry out education practice labor and vocational skills training labor that do not affect their personal safety and physical and mental health in accordance with relevant state regulations, and do not belong to the use of child labor.
Article 14 These Provisions shall become effective on December 1, 2002. The "Prohibition on the Use of Child Labor" promulgated by the State Council on April 15, 1991 was repealed at the same time.