Relevant Legislation
Lao Dong Fa [Labour Law of the People’s Republic of China] (Promulgated by the NPC Standing Committee, effective January 1, 1995), 1994 FAGUI HUIBIAN 91, 94 (Official Source)3
Labour Act (5 July 1994)4
Jinzhi Shiyong Tonggong Guiding [The Provisions on the Prohibition of Using Child Labour] (Promulgated by the State Council, effective April 15, 1991, amended October 1, 2002, effective December 1, 2002), 2002 FAGUI HUIBIAN 1210 (Official Source)5
Minimum Age of Employment
The recruitment of young people under the age of 16 is prohibited under Article 15 of the Labour Law and Articles 4-7 of the Provisions on the Prohibition of Using Child Labour, except where government authorities provide approval for minors to work in certain industries, including literature, art, physical culture, and special crafts. The child’s right to compulsory education must not be adversely affected.
Article 2 of the Provisions on the Prohibition of Using Child Labour (hereafter referred to as the Child Labour Provisions) defines a child labourer as a juvenile or child under the age of 16 years who is engaged in a working relationship with a unit or an individual and who is working for economic income, or who ‘engages in labour under sole proprietorship’. The following fall outside of the category of child labour under Article 2 of the Child Labour Provisions: ‘juveniles or children under 16 years old who participate in family chores, labour courses organised by their schools, and auxiliary labour activities that do not harm their physical and psychological health and are not beyond their physical capacity and which are permitted by the people’s government of the province, autonomous region or municipality’.
Working Hours
The People’s Republic of China does not have a law that specifies different working hours for children over other labourers. Section 36 of the Labour Act [Article 36 of the Labour Law] specifies that labourers shall work for no more than 8 hours a day and 44 hours a week on average. Section 38 of the Labour Act [Article 38 of the Labour Law] provides that workers should be given one day off per week.
Types of Work Prohibited
No juvenile workers shall be employed to engage in work down mine shafts, to do work that is poisonous or harmful, or to do any other dangerous work that they should avoid, pursuant to Article 15 of the Labour Law, and Section 63 of the Labour Act. Using child labour without government approval may result in a RMB 5,000 (equivalent to about USD660) fine per child worker, per month employed.
Additional Protective Measures
Article 7 of the Child Labour Provisions stipulates that ‘parents or other custodians shall not permit their children or juveniles under custody under 16 years old to engage in child labour’. Article 10 of the Child Labour Provisions further provides that any department or individual that employs child labour in contravention of the labour provisions will bear the cost of sending the child back to their home, and that any costs incurred by a child labourer who becomes ill or disabled as a result of working shall be paid by the employer. Article 11 of the Child Labour Provisions also states that employers shall pay compensation to any child labourers who become sick or disabled as a result of work, including compensation to the family of a child labourer in the event of his or her death.
Endnotes
3 Lao Dong Fa [Labour Law of the People’s Republic of China], 1/01/1995, available at http://www.usmra.com/china/Labour%20Law.htm (accessed 16/05/11).
4 Labour Act, 5/07/1994, available at http://www.ilo.org/dyn/natlex/docs/ WEBTEXT/37357/64926/E94CHN01.htm (accessed 16/05/11).
5 Jinzhi Shiyong Tonggong Guiding [The Provisions on the Prohibition of Using Child Labour], available at http://english.mofcom.gov.cn/aarticle/lawsdata/chineselaw/200211/ 20021100050535.html (accessed 16/05/11).
