Provisions on the Prohibition of Using Child Labor

Provisions on the Prohibition of Using Child Labor Order of the State Council of the People' s Republic of China (No.364) The Provisions on the Prohibition of Using Child Labor, which were adopted at the 63rd executive meeting of the State Council on September 18, 2002, are hereby promulgated and shall come into force on December 1, 2002. Premier: Zhu Rongji October 1, 2002 Provisions on the Prohibition of Using Child Labor Article 1 In order to protect the physical and psychological health of the minors, to promote the implementation of compulsory education system, and to safeguard the legal rights and interests of the minors, the present Provisions are formulated according to the Constitution , the Labor Law and the Law on the Protection of Minors . Article 2 No government agencies, social organizations, enterprises and institutional entities, civilian operated non-enterprise entities (hereafter referred to as employers) may employ minors under 16 years old (employing minors under 16 years old are referred to as using child labor hereinafter). All entities and individuals are prohibited from introducing employment for minors under 16 years old. All minors under 16 years old are prohibited from starting individual businesses. Article 3 The parents or other custodian of the minors under 16 years old shall protect the physical and psychological health of the minors, guarantee their right to receiving compulsory education, and may not allow them to be illegally employed by the employers. If the parents or other custodian of the minors under 16 years old allow the minors to be illegally employed by the employers, the people's governments of the townships (towns), the urban street offices, and the villagers' committees and residents' committees of the places where they domicile shall criticize and instruct those parents or other custodians. Article 4 When employing personnel, the employers must verify the identification cards of the personnel to be employed; and may not employ any minor under 16 years old. The employers shall appropriately keep their employment registration and verification files of the personnel employed. Article 5 The administrative departments of labor security of the people's governments at and above the county level shall be responsible for the supervision and inspection of the implementation of the present Provisions. The administrative departments of public security, industry and commerce administration, education, health etc of the people's governments at and above the county level shall supervise and inspect the implementation of the present Provisions within their respective scope of duties, and shall assist the administrative departments of labor security in the supervision and inspection. The labor unions, the Communist Youth League, the women's associations and other mass organizations shall safeguard the legal rights and interests of the minors according to law. The entities or ......