(2) The labor administrative department has the right to order the unit or individual who illegally uses child labor to return the child labor to the original place of residence, and all the expenses required shall be borne by the unit or individual;
(3) If the child labor is sick or even disabled before being sent back, all the treatment expenses and living expenses shall be borne by the unit or individual who illegally uses the child labor.
Units or individuals who are identified as disabled and illegally use child labor shall pay the corresponding disability pension according to the level of disability; If child labor dies, the unit or individual who illegally uses child labor 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; If a crime is constituted, criminal responsibility shall be investigated according to law.
(4) If abduction, maltreatment or forced child labor to take risks and cause accidents of disability or death, or other injuries to the personal health of child labor, 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.
(5) Illegally recruiting child labor to engage in dangerous labor
Dangerous labor refers to labor engaged in excessive manual labor, aerial work, underground work and work in inflammable, explosive, inflammable, explosive, radioactive, toxic and other dangerous environments.
Extended information:
Sentencing standard:
1. If the circumstances are serious, it should be comprehensively considered according to the number of illegal child laborers, the critical degree of labor, the age and development of child laborers, the dangerous degree of the working environment, the adequacy of labor safety measures and means, and the completeness of safety facilities.
2. If the circumstances are serious, it should be sentenced to fixed-term imprisonment of not more than three years.
if the circumstances are especially bad, 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.
III. Illegal employment of child labor in dangerous labor, which causes accidents and constitutes other crimes, shall be punished for several crimes. Other crimes committed here are generally the crime of major liability accidents and the crime of major labor safety accidents.
How can the employer be held accountable if child labor causes disability or death in the course of labor?
Employers are prohibited from recruiting minors under the age of 16. However, according to the law, it is not illegal for employers to recruit child labor, and the legitimate rights and interests of child labor in the employer-employee relationship 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 child labor, and the amount of compensation shall not be lower than the treatment standard 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 complain to the administrative department of labor security, which shall order him to pay compensation within a time limit;
The amount of one-time disability allowance shall be determined according to the disability grade after disability appraisal;
if both parties fail to reach an agreement on compensation, the child labor can report to the administrative department of labor security or directly to the administrative department of labor security. The administrative department of labor security reports, or directly adopts labor dispute arbitration, litigation and other means to safeguard rights.
Baidu Encyclopedia-The crime of employing child labor to engage in dangerous labor