According to the law, hotels are not allowed to use child labor. The Law on the Protection of Minors in People's Republic of China (PRC), the Labor Law in People's Republic of China (PRC) and the Regulations on the Prohibition of Child Labor in the State Council all prohibit employers from recruiting minors under the age of 16 or introducing them to employment.
Therefore, the recruitment of minors under the age of 16 belongs to the recruitment of child labor; If the employing unit constitutes illegal employment, it shall be punished by the administrative department of labor security; The employing unit shall also be ordered to return the child workers to their parents or other guardians within a time limit.
Those who fail to pay within the time limit will be fined by the administrative department of labor and social security, their business licenses will be revoked by the administrative department for industry and commerce, or the registration of private non-enterprise units will be revoked by the civil affairs department.
Basic principles of protecting minors.
Basic principles of protecting minors:
1。 Principle of special and priority protection.
Paragraph 1 of Article 3 of the newly revised Law on the Protection of Minors stipulates that the state shall give special and priority protection to minors according to their physical and mental development characteristics and protect their legitimate rights and interests from infringement. Give special and priority protection to minors, that is, the principle of "minors first". Its basic meaning means that the state and society should attach great importance to the rights of minors and their survival, development and protection. No matter what the circumstances, any organization or individual should give priority to minors.
2。 Principle of equal protection
The third paragraph of Article 3 of the newly revised Law on the Protection of Minors stipulates the principle of equal protection for minors, that is, "minors enjoy equal rights according to law regardless of gender, nationality, race, family property status, religious beliefs, etc."
To sum up, it is Bian Xiao's relevant answer about whether catering can hire minors. I hope it will help you.
Legal basis:
Article 15 of the Labor Law prohibits employers from recruiting minors under the age of 16.
Units of literature, art, sports and special arts and crafts that recruit minors under the age of 16 must go through the examination and approval procedures in accordance with the relevant provisions of the state and guarantee their right to receive compulsory education.
"Provisions on Prohibiting the Use of Child Labour" Article 6 Where an employer uses child labour, the administrative department of labor security shall impose a fine of 5,000 yuan per month for each child; Whoever uses child workers in workplaces where toxic substances are used shall be given a heavier punishment according to the fine range stipulated in the Regulations on Labor Protection in Workplaces where toxic substances are used, or according to the standard of a fine of 5,000 yuan per child. The administrative department of labor and social security shall also order the employing unit to send the child workers back to their parents or other guardians within a time limit, and all the transportation and accommodation expenses required shall be borne by the employing unit.
If the employing unit is ordered by the administrative department of labor and social security to make corrections within a time limit in accordance with the provisions of the preceding paragraph, and 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 6,543.8+0,000 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.
Article 6 Where an employing unit uses child labor, the administrative department of labor security shall punish it according to the standard of a fine of 5,000 yuan per month for each child. Whoever uses child workers in workplaces where toxic substances are used shall be given a heavier punishment according to the fine range stipulated in the Regulations on Labor Protection in Workplaces where toxic substances are used, or according to the standard of a fine of 5,000 yuan per child. The administrative department of labor and social security shall also order the employing unit to send the child workers back to their parents or other guardians within a time limit, and all the transportation and accommodation expenses required shall be borne by the employing unit.