1: WEBTEXT/63806/65269/E02CHN01.htm
China. REGULATIONS BANNING CHILD LABOUR , 2002
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China

REGULATIONS BANNING CHILD LABOUR , 2002


Article 1

These regulations are formulated on the basis of the Constitution, the Labour Law and the Law for the Protection of Minors in order to protect the physical and mental well-being of minors, to promote the implementation of the obligatory educational system, and to uphold the legal rights of minors.

Article 2

State organs, social bodies, enterprises, institutions, non-governmental not-for-profit organizations and private businesses (hereafter referred to as employers) are prohibited from employing minors under the age of 16 (employment of minors under the age of 16 are hereafter referred to as using child labour).

It is prohibited for any institution or individual to provide employment services to minors under the age of 16.

Minors under the age of 16 are prohibited from engaging in private business activities.

Article 3

Parents or guardians of minors under the age of 16 should protect their physical and mental well-being, ensure their right to receive obligatory education, and not allow them to be illegally employed.

If parents or other guardians of minors under the age of 16 allow them to be illegally employed, they shall be reprimanded and educated by local authorities, such as the township people's government, the urban community administrative office and the villagers' or residents' committee.

Article 4

When hiring personnel, employers must check the identity papers of the person to be hired; and minors under the age of 16 should invariably be excluded. Hiring registration and examination records of employees should be properly preserved by employers.

Article 5

Labour protection authorities of governments at the county level and above shall be responsible for monitoring the implementation of these regulations.

Governmental authorities for public security, administration of industrial and commercial affairs, education and health at the county level and above shall monitor the implementation of these regulations within their terms of reference, and cooperate with labour protection authorities in their monitoring efforts.

Civilian bodies, such as trade unions, the Communist Youth League and women associations, shall protect the legal rights of minors in accordance with the law.

Any institution or individual which/who discovers that child labour is being used has the right to report the incidence to labour protection authorities of governments at the county level and above.

Article 6

Employers who use child labour shall be fined by the labour protection authorities at the rate of 5000 yuan per month for each child labourer used; if child labour is used at work sites using toxic material, the fine shall be based on the provisions of Regulations for Labour Protection at Work Sites Using Toxic Material, or severe punishment shall be considered with fines at the rate of 5000 yuan per month for each child labourer used. Labour protection authorities shall order the employer to repatriate the children, within a set timeframe, to their place of origin and place them in the care of their parents or other guardians, all expenses for transportation, food and lodging being covered by the employer.

An employer who, after being ordered by labour protection authorities in accordance with the provisions of the above paragraph to make amends within a set timeframe, fails to send a child back to his or her parents or other guardians within the given time shall be fined by labour protection authorities at the rate of 10 000 yuan per month for each child labourer starting from the date on which the order was issued to make amends, and the employer's business license shall be revoked by authorities for industrial and commercial affairs or, in the case of non-governmental not-for-profit institutions, the registration shall be withdrawn by civil administration authorities; employers who involve a State organ or public institution shall be subject to punishment by relevant bodies in accordance with the law, and the persons directly in charge and other personnel who carry direct responsibility shall be given administrative punishment involving demotion or dismissal, or disciplinary punishment.

Article 7

Institutions or individuals providing employment services to minors under the age of 16 shall be fined by labour protection authorities at the rate of 5000 yuan for each client; employment agencies which provide their services to minors under the age of 16 shall have their licenses for employment services revoked by labour protection authorities.

Article 8

Employers who have not preserved employment registration records as provided for in Article 4 of the present regulations, or who forge employment registration records, shall be subject to a 10 000 yuan fine from labour protection authorities.

Article 9

If employers who have no business license or whose business license has been revoke in accordance with the law as well as those who are not legally registered use child labour or provide employment services to children, they shall be fined at twice the rate provided for in Articles 6, 7 and 8 of the present regulations, and their illegal operations shall be closed down by relevant administrative authorities.

Article 10

If a child labourer suffers from disease or injury, the employer shall be responsible for sending him or her to medical facilities for treatment and shall cover all expenses for medical care and subsistence during the period of treatment.

If a child labourer is disabled or dies, the employer's business license shall be revoked by authorities for industrial and commercial affairs or, in the case of non-governmental not-for-profit institutions, the registration shall be withdrawn by civil administration authorities; employers who involve a State organ or public institution shall be subject to punishment by relevant bodies in accordance with the law, and the persons directly in charge and other personnel who carry direct responsibility shall be given administrative punishment involving demotion or dismissal, or disciplinary punishment; in addition, the employer shall be liable to pay a one-time compensation to the disabled child labourer or the directly related family members of the deceased child labourer, the amount of compensation being calculated according to the relevant provisions for work-related injury insurance set out by the State.

Article 11

In cases of kidnapped child labour, forced labour concerning children, operations involving heights, underground work, radioactive, highly toxic, inflammable and explosive material as well as physical labour at the fourth degree of intensity as determined by the State, using child labourers under the age of 14, and death or severe injury and disability of child labourers, the perpetrators shall be prosecuted for criminal liability in accordance with the provisions of the criminal law related to crimes involving, among others, kidnapping children and forced labour.

Article 12

Officials from State administrative organs involved in one of the following instances shall; according to the law, receive administrative punishment such as a major demerit or demotion; in major cases, they shall, according to the law, receive administrative punishment such as removal from power or dismissal; in cases constituting criminal offense, they shall be prosecuted for criminal liability in accordance with the provisions of the criminal law related to crimes involving, among others, abuse of authority and neglect of duty:

    1. Officials from labour protection authorities and other relevant departments who find, during inspections to prohibit the use of child labour, that child labour is being used, but do not stop, correct or deal with such instances;
    2. Policemen serving in public security organs who violate regulations governing the issue of identity papers or record false dates of birth on identity papers;
    3. Officials from authorities for the administration of industrial and commercial affairs who issue a license for private business operations even after finding that the applicant is a minor under the age of 16.

Article 13

Organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The said organizations should guarantee the physical and mental well-being of recruited minors under the age of 16 and ensure that they enjoy their right to obligatory education. Regulations concerning the recruitment of professional artists and athletes under the age of 16 by organizations for performing arts and sports shall be developed by the State Council department for labour protection in consultation with the State Council departments for cultural affairs and sports.

Minors under the age of 16 involved in educational and experimental labour as well as labour for the purpose of imparting occupational skills which is organized by schools, other educational establishments and occupational training institutes in accordance with relevant regulations set out by the State and which does not endanger their personal safety or physical and mental well-being are not considered to constitute child labour.

Article 14

The present regulations shall come into force on 1 December 2002. The Regulations Banning Child Labour promulgated by the State Council on 15 April 1991 shall be abolished at that same time.

Source: xinhuanet, 16 October 2002


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