2015 Judicial Examination Economic Law: Laborers

Labourers are natural persons who have the ability to work in the legal age of labor and obtain legal labor remuneration by engaging in labor. If a natural person wants to become a laborer, he must have the main qualification, that is, he must have the capacity for labor rights and the ability to work. The so-called labor rights ability refers to the qualification or ability of natural persons to enjoy labor rights and labor obligations according to law. The so-called labor capacity refers to the ability of natural persons to exercise their labor rights and fulfill their labor obligations according to their own actions.

According to the labor law of China, anyone who is over 16 years old and has the ability to work in the statutory working age is a person with the right to work and the ability to work, including our citizens, foreign citizens and stateless persons.

That is, the statutory labour force. Working age The minimum age for employment is 16 years of age, the age of retirement is 60 years of age for men, 50 years for female workers, and 55 years for female cadres. In order to protect the legitimate rights and interests of minors, China's labor law prohibits the use of child labor. Except for other provisions of the law, no unit shall have legal relations with a child under the age of 16.

For those occupations or jobs that may jeopardize the health, safety or morality of minors, the minimum age of employment should not be less than 18 years of age. Employers should not employ minors under the age of 16 who are under 18 years of age to engage in heavy, toxic or harmful labor or dangerous work.

Where a child is employed by an employer, Labor security The administrative department shall be punished according to the standard of using a child laborer to pay a fine of 5000 yuan a month. If the child worker is sick or injured, the employer shall be responsible for sending it to the medical institution for treatment, and shall bear all the medical and living expenses during the treatment period.

Abduction of child labour, coercion Child labor If child labor is engaged in high-altitude, underground, radioactive, highly toxic, flammable, explosive, and fourth level physical labor intensity stipulated by the state, children who are under 14 years of age, or die or die seriously, they shall be investigated for criminal responsibility in accordance with the provisions of the criminal law concerning the crime of abducting and selling children, forced labor or other crimes.

According to the provisions of the labor law, laborers' labor rights mainly include: (1) the right to equal employment and the choice of occupation; (2) the right to obtain remuneration for labor; (3) the right to rest and leave; (4) the right to obtain labor safety and health protection; (5) the right to receive vocational skills training; (6) the right to enjoy social insurance and welfare; (7) the right to participate in the democratic management of trade unions and workers in accordance with the law; (8) the right to handle labor disputes; (9) other labor rights stipulated by law.