Can hotel child workers apply for work-related injury identification if they are injured?

1. Can hotel child workers apply for work-related injury identification? 1. Because/kloc-minors under the age of 0/6 belong to child labor, child labor is not a laborer in the legal sense, and it does not constitute a legal labor relationship with the employer, which does not meet the conditions for the identification of work-related injuries stipulated in the Regulations on Work-related Injury Insurance, so it cannot be regarded as a work-related injury. 2. Although illegal employment of child labor cannot be regarded as work-related injury, according to the law, the legitimate rights and interests of minors are protected by law. When employing workers, the employer has the obligation to examine the actual age of the workers. If the illegal employment of children due to failure to fulfill the obligation of substantive examination causes damage to the workers, the employer shall compensate the victims for their reasonable losses. 3. According to the Measures for One-time Compensation for Casualties in Illegal Employment Units promulgated by the Ministry of Labor and Social Security, if a child is accidentally injured, the living expenses, medical expenses, nursing expenses, food subsidies, transportation expenses and other expenses during the treatment before the labor ability appraisal shall be paid by the unit where the child belongs in accordance with the standards and scope stipulated in the Regulations on Industrial Injury Insurance. 4. According to the "Measures for One-time Compensation for Casualty Accidents of Illegal Employers", industrial accidents are borne by employers, including loss of living expenses, one-time compensation, nursing expenses, hospital food subsidies, nutrition expenses, etc. Treatment period before labor ability appraisal. 2. What are the penalties for employing child labor? 1. Article 94 of the Labor Law of People's Republic of China (PRC). If an employer illegally recruits minors under the age of 16, the labor administrative department shall order them to make corrections and impose a fine. If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce. If the circumstances are serious, he shall be convicted and punished in accordance with the Criminal Law of People's Republic of China (PRC). 2. Article 244 of the Criminal Law of People's Republic of China (PRC), in violation of labor management regulations, recruits minors under the age of 16 to engage in ultra-intensive manual labor, or engage in aerial and underground operations, or engage in labor in explosive, flammable, radioactive, toxic and other dangerous environments. If the circumstances are serious, the person who is directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. 3. Article 68 of the Law on the Protection of Minors in People's Republic of China (PRC) illegally recruits minors under the age of 16, or recruits minors who have reached the age of 16 to engage in heavy, toxic and harmful labor or dangerous operations that endanger the physical and mental health of minors, and the labor security department shall order them to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce. 4. According to the Regulations on Prohibiting the Use of Child Labor in the State Council, if an employer uses child labor, the administrative department of labor and social security will punish it according to the standard of a fine of 5,000 yuan per child per month. The administrative department of labor and social security should also order the employer to return the child labor to his parents or other guardians within a time limit, and all the transportation, accommodation and expenses required will be borne by the employer. If the employing unit fails to deliver the child labor to its parents or other guardians within the time limit, the administrative department of labor and social security shall impose a monthly fine of 1 000 yuan on each child labor, and the administrative department for industry and commerce shall revoke its business license or the civil affairs department shall cancel the registration of private non-enterprise units; If the employing unit is a state organ or institution, the relevant unit shall give administrative or disciplinary sanctions of demotion or dismissal to the directly responsible person in charge and other directly responsible personnel according to law. Child workers in hotels or any other work units simply do not meet the subject qualification of labor relations. Even if a child worker or his guardian wants to apply for work-related injury identification, the national work-related injury identification agency will not accept it at all. Therefore, even if the guardian wants to claim compensation from the hotel, he should file a civil lawsuit according to personal accident. Now hotels, restaurants and other industries have become the hardest hit areas for employing child labor.