(two) the labor administrative department has the right to order the unit or individual who illegally uses child labor to send the child labor back to the original place of residence, and the required expenses shall be borne by the unit or individual;
(3) If the child labor is sick or even disabled before being sent back, the unit or individual who illegally employs the child labor shall be responsible for all the treatment and living expenses.
After the disability appraisal, the unit or individual who illegally employs child labor shall pay the corresponding disability pension according to the degree of disability; If a child worker dies, the illegal employing unit or individual shall pay economic compensation and funeral expenses to his parents or other guardians.
Units and individuals that are at fault for causing child labor casualties shall be investigated for administrative responsibility by the labor administrative department; Those who constitute a crime will also be investigated for criminal responsibility.
(4) Kidnapping, maltreating or forcing child laborers to take risks, causing casualties and other injuries to the personal health of child laborers, the public security organs shall impose public security penalties on units and individuals; If a crime is constituted, the criminal responsibility of units and individuals shall be investigated according to law.
(five) the crime of illegally employing child labor to engage in critical labor.
Critical work refers to excessive physical labor, aerial work and underground work, and the working environment is flammable, explosive, radioactive and toxic. ?
Extended data:
Sentencing standard:
1, in order to reach the severity, we should consider the number of illegally employed child labor, the severity of labor, the age and development of child labor, the dangerous degree of working environment, whether labor safety measures have been taken and whether there are enough safety facilities.
2. If the circumstances are serious, he 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, illegal employment of child labor in key labor, resulting in accidents, constitute other crimes, combined punishment for several crimes. Other crimes that will be committed here are usually major liability accidents and major labor safety accidents.
If child labor causes disability or death in the process of labor, how to investigate the responsibility of the employer?
It is forbidden to employ/kloc-minors under the age of 0/6. However, those who violate the law are the units or individuals who employ child labor. Child labor is not illegal, and the legitimate rights and interests of child labor in employment relations are still protected.
If the illegal use of child labor causes child labor casualties, the unit or individual shall pay compensation to the parents or immediate family members of the child labor or child labor in one lump sum, and the compensation standard shall not be lower than the treatment of industrial injury insurance.
If a unit or individual who illegally uses child labor refuses to pay compensation, the child labor and his immediate family members may report to the administrative department of labor security, which shall order him to pay within a time limit;
The amount of one-time disability compensation is determined according to the degree of disability after disability identification;
If the two sides fail to reach an agreement on compensation, the child labor can report to the administrative department of labor and social security, or directly defend his rights through labor dispute arbitration or litigation.
Baidu Encyclopedia-The Crime of Hiring Child Workers for Key Jobs