Traditional Culture Encyclopedia - Hotel franchise - Is it illegal for hotels to legally recruit underage workers?
Is it illegal for hotels to legally recruit underage workers?
Is it illegal for hotels to legally recruit underage workers? It is illegal for hotels to recruit underage workers. Article 94 If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it 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. (1) How to punish the employer for illegally recruiting minors under the age of 16? What is the standard of punishment? Violation of Administrative Punishment Measures (1994/ 12/26) Article 11 If an employer illegally recruits minors under the age of 16, it shall be ordered to make corrections and be fined in accordance with relevant state regulations. Provisions on the Standard of Fines for the Use of Child Labour (1992/7/6) Article 1 These Provisions are formulated in accordance with the Provisions on the Prohibition of the Use of Child Labour in the State Council. Article 2 These Provisions shall apply to the following acts: (1) State organs, social organizations, enterprises and institutions (hereinafter collectively referred to as unit 0 or individual industrial and commercial households, farmers and urban residents (hereinafter collectively referred to as individuals) use child labor; (two) parents or other guardians allow children to do child labor, but they still do not correct it after criticism and education; (three) employment agencies and other units or individuals to introduce jobs for children under the age of sixteen; (four) units or individuals who do child labor for children issue false certificates. Article 3 For individuals who violate the prohibition on the use of child labor, the fine standards are as follows: (1) Anyone who uses child labor for profit-making productive labor shall be fined 600~ 1200 yuan for each child who uses it. (two) the use of child labor to engage in domestic service labor, each child labor, a fine of 300~600 yuan. (three) parents or other guardians allow children to do child labor, but still do not correct after criticism and education, and impose a fine of 300 to 600 yuan. (four) for children under the age of sixteen, each child is fined 600~ 1200 yuan. Article 4 The fines imposed on units that violate the regulations prohibiting the use of child labor are as follows: (1) The provinces, autonomous regions and municipalities directly under the Central Government shall impose specific fines on units that use child labor according to the regulations prohibiting the use of child labor in the State Council. (2) If the employment agencies and other units introduce jobs to teenagers and children under the age of 16, each child worker will be fined 1500~3000 yuan. (three) for children under the age of 16 who issue false child labor certificates, a fine of 1500~3000 yuan. Article 5 Whoever commits one of the following acts shall be fined three times on the basis of the original fine standard: (1) using child labor for many times (more than two times, the same below); (two) long-term (more than three months) use or use more than three (more than three, the same below) child labor; (3) introducing multiple child laborers for many times or at one time; (four) repeatedly issued false certificates for child labor. (2) If the employer illegally recruits minors under the age of 16 to engage in manual labor with overtime intensity, or to engage in labor in a dangerous environment, which constitutes a crime, what criminal responsibility should the person directly responsible bear? Article 244 of the Criminal Law of People's Republic of China (PRC) (2005/2/28) The employing unit forces employees to work by means of restricting personal freedom in violation of labor management regulations. If the circumstances are serious, it shall be directly punished. Article 244-1 Whoever, in violation of labor management laws and regulations, recruits minors under the age of six to engage in ultra-intense manual labor, or to engage in high-altitude and dike operations, or to engage in labor in explosive, toxic and 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 shall also be 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. Legally speaking, it is illegal to recruit underage workers, and there are punishment standards for those who recruit minors. When trying such cases, the court will first distinguish between the principal and the accessory, and will also punish the participants who have not used child labor according to relevant laws and regulations.
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