(Dr Social Department sent [2003]9,) the province, and autonomous regions, and municipalities labor and Social Security Office (Council), and Police Office (Council), and Business Administration Council, and Department of education (Board), and Health Office (Council), and Union, and Youth League, and FMC: State again developed of ban using child labour provides (State makes No. 364,) has on September 18, 2002 State 63rd times Executive Conference through, has announced, since December 1, 2002 up purposes. New implementation of the provisions on the prohibition of the use of child labour is the practice of "three represents" embodies the important thought of, for rectifying and regulating the market economic order, protection of children's physical and mental health, protect legal rights of children and adolescents is important.
In order to fully implement the provisions on the prohibition of the use of child labour, and crack down on illegal use of child labour, issues related to the implementation are hereby notified as follows: first, the departments concerned should attach great importance to complying with statutory duties, within the scope of their respective duties in supervision and inspection of the implementation of the provisions on the prohibition of the use of child labour. Labor guarantees sector should guide urged employing units effective strengthening labor contract management, law specification labor, established hired personnel verification registration system; full implemented career intermediary administrative license system, specification career intermediary behavior, general implementation labor prepared system, strictly put good employment access shut; urged employing units strictly according to national injury insurance provides perform statutory obligations, perfect injury insurance related system; strengthening labor guarantees monitored institutions team construction, increased labor guarantees monitored law enforcement efforts,
Severely crack down on the use of child labor violations.
Public security departments should strengthen the management of the transient population, with the labor and social security departments to master within the temporary employment of minors in their respective jurisdictions, actively cooperate with the relevant departments to crack down on the illegal use of child labour. Industrial and commercial administrative departments should strengthen supervision and management, and strict access control, no individual license for any children under 16 years of age.
According to the labor and social security departments to draw attention to, given to the employer of the illegal use of child labor by law revoked the administrative penalties. Education departments should be the compulsory education Act and regulations such as the prohibition of the use of child labour provisions incorporated into the legal system education contents in schools and strengthen the implementation of nine-year compulsory education, more support, children from poor families receiving compulsory education in urban and rural areas, and importance to the employment of migrant children receive compulsory education work, do a good job on girls ' education. Develop social labour regulations.
Take concrete measures to ensure compulsory school-age children in school, strengthen management, prevent loss of student and school dropouts, from the source to stop child labour.
Shall be governed by the law of occupational disease prevention in the health sector and the provisions of the regulations on labor protection in workplaces where toxic substances, strengthening regulation of the workplace environment, the use of child labour in the workplaces where toxic substances are used to be seriously investigated and dealt with in accordance with laws and regulations.
Trade unions, the Communist Youth League, women's federations and other mass organization should strengthen the workers, women, and children of legal publicity and education, enhancing the parents or guardians of minors awareness of self-protection awareness and minors, actively cooperate with the Government to strengthen the unit and individual legal supervision of the illegal use of child labor, shall safeguard the legitimate rights and interests of minors.
Second, the actual situation around, serious problems in analysis and research to combat illegal child labour and formulate work plan, solidly grasp the implementation of the provisions on the prohibition of the use of child labour. (A) the regulations cleared.
Against the provisions on the prohibition of the use of child labour, pay close attention to cleaning up existing local regulatory policies, and combined with the actual development of specific measures for implementation, perfecting the legal system, in order to crack down on the illegal use of child labour provides a powerful legal weapon. (B) the establishment of coordination mechanisms.
Act in accordance with the provisions on the prohibition of the use of child labour, comprehensive measures to improve on the illegal use of child labour, under the leadership of local government, established mainly to authorities, mutual cooperation coordination mechanism among relevant departments, in order to ensure implementation of the provisions on the prohibition of the use of child labour. (C) to strengthen the supervision and inspection.
Around on the basis of daily supervision and inspection, organizing joint inspections with the departments concerned on a regular basis, check the situation before the end of that year reported to the Ministry of labor and social security, and copy to the departments. (D) play a primary role. Towns, streets, grass-roots Governments and organizations such as villagers ' committees and residents ' Committee, through education and other means, so that minors under the age of 16 at the parents or guardians is well aware and protect the physical and mental health of their children or guardians and compulsory shall not allow minors under the age of 16 is illegal recruiting by employers is that it must comply with the statutory obligations. To allow illegal recruiting, to give the serious criticism and timely reports to the relevant government departments.
To carry out work to combat illegal use of child labor and covering every corner of the society. (E) strengthen legal propaganda.
Effective ways to make the whole society are widely known all over the content of the regulations on the prohibition of the use of child labour, widely known, and known to, and enhance the awareness of employers and parents, raise children's awareness of self-protection, forming the whole society to actively support the prohibition and combating the illegal use of child labour, care and protection of children's growth and development of a healthy social environment.
Third, comprehensively grasp and strict implementation of the provisions on the prohibition of the use of child labour. (A) grasp the subject of prohibiting the use of child labour, grasp the policy limits. Article II of the regulations on the prohibition of the use of child labour according to the relevant provisions of the labour code, the original use of child labour in its main further clear, excludes minors under 16 years of age the family labour, domestic work is not the labor of labor relations, limits the prohibition of child labour subject to the employer, namely, State organs, social organizations, enterprises, institutions, private non-enterprise units or individual businesses. In addition, the 13th article, literature and art, sports units according to recruits under the age of 16 professional literary and art workers, athletes and schools, other educational institutions, vocational training institutions according to organization of minors under 16 years of age for educational practice labor, vocational skills training, are not part of child labour.
All provinces, autonomous regions and municipalities based on the original mandate set by allowing minors under 16 years of age engaged in supporting local labor provisions should be abolished. (Ii) establishment registration verification system for employers recruiting employees, standardizing labor management. The fourth article of provisions prohibiting the use of child labour, and employers when recruiting employees, must check the identification card and employment registration. Registration of employment shall mainly include: the accepted name, sex, nationality, date of birth and other basic information, civil identification numbers, individual labor contract registration numbers and other basic information. Employer shall keep hiring offer registration, verification and other related materials, and to accept supervision and inspection functions of the Government departments.
The employer was not hired by Convention registration verification, failure to keep proper custody offer registration of verification or falsification of employment registration verification materials, once found, the administrative departments of labor security shall be ordered to correct, and in accordance with the provisions on the prohibition of the use of child labour provisions of eighth for punishment. (C) efforts to increase penalties for illegal use of child labor, strictly enforce the punishment standards and enforcement of discipline. When investigating and dealing with cases of child labour, labour and social security administration departments at all levels must be strictly in accordance with the provisions on the prohibition of the use of child labour and related standards will be punished, no relief for any reason.
Specific penalties, the use of child labour of less than one month, calculated per one month. (D) strengthening labour market rectification to crack down on illegal employment. In accordance with the provisions on the prohibition of the use of child labour, no unit or individual is prohibited for minors under the age of 16 on job, in violation of this provision, introduced by the administrative departments of labor security may revoke a license. Labour and social security administrative departments should earnestly perform their duties, to strengthen the management of the labour market, regulate the employment agencies act. Full implementation of the employment agencies administrative license system, development of private employment agency eligibility criteria and service standards, strengthening non-governmental approval and management of professional intermediaries. Various illicit job intermediary agencies and introduced in violation of the provisions of the employment of minors under the age of 16 years, we must resolutely investigate and punish.
Meanwhile, we should increase the intensity of daily supervision and inspection work, require professional intermediaries in places public legal documents and licenses, certificate of approval, services, fees, supervision organ name and monitor phone calls, report to the public phone or set up a complaints box, accept social supervision. (E) the lump-sum compensation to disabled children, protect the legitimate rights and interests of the disabled child. According to the prohibition of using child labor article tenth of the provisions of the second paragraph, the use of child labour, disability or death, the employer shall take lump-sum compensation responsibility in accordance with this. Work appraisal Committee should work identification of disabled children.
Lump-sum compensation of specific measures by the Ministry of labor and social security according to the relevant provisions of the national industrial injury insurance to develop. (Vi) on literature and art, sports unit recruits under the age of 16 professional literary and art workers, athlete management, explicit permission from the management and segregation of duties. Literary, art and sports units by the minors ' parents or other guardians recruits under the age of 16 professional literary and art workers, athletes, should take practical measures to safeguard their physical and mental health and the right to receive compulsory education.
Literary, art and sports unit recruits under the age of 16 professional literary and art workers, athletes, affiliation in literary, art and sports units, carried out by the administrative departments of labor security and culture, sport management, specific measures separately. (G) generally adopted labour preparation system, improving the quality of citizens ' labor. Labour preparation system is one of the countries through vocational schools and vocational training institutions have completed nine years of compulsory education, failed to continue their studies, and urban and rural minors under 16 years of age to participate in 1-3 years of vocational education and training, obtain the appropriate professional qualification certificate or master some vocational skills and employment. Should be given in accordance with the requirements, strict implementation of national legal standard of the minimum age for admission to employment, the full implementation of relevant provisions in the employment access, universal implementation of labour preparation system.
Employer recruiting hire personnel must meet the legal age for employment, vocational school diploma, vocational training to obtain the appropriate certificate or professional credentials personnel shall be preferred. Ministry of labour and social security, Ministry of public security, State administration for industry and Commerce Federation of Communist Youth League Central Committee Ministry of Education Ministry of health national women's Federation in April 2003 18