Reform dynamics and departmental cooperation to strictly investigate many cases of children's workers, and the effectiveness of "big comprehensive" reform continues to appear
Author:Zhejiang City Radio and Televi Time:2022.07.22
Recently, the Geshan Squadron of the Comprehensive Administrative Law Enforcement Bureau of Jinhua Dongyang handled a case of illegal use of child labor. The parties were punished by the party with a fine of 20,000 yuan. A few days ago, the Dongyang City Comprehensive Administrative Law Enforcement Bureau received a letter of complaint from the Municipal Labor Supervision Brigade, saying that the Dongyang FAW Factory had suspected illegal use of children's workers. After investigation on the on -site evidence, it was found that a staff member had a staff member who was under 16 years of age. The subsequent child workers were sent to the guardian. The auto repair plant was punished by administrative penalties in accordance with the law.
Since the transfer of five law enforcement matters in the field of human and social security early this year, Dongyang City Comprehensive Administrative Law Enforcement Bureau has jointly jointly used labor supervision, public security and other departments to investigate and deal with 12 cases of child labor cases. About 200%, the effectiveness of law enforcement continues to appear.
Common cases
In this type of case, the employer usually has a service place or factory, and the family who is more difficult for the family will be introduced to work. Before work, the employer did not carefully compare the identity information of the employees and did not fulfill its obligations; while minors and guardians, they were greedy for meager income, the legal awareness was weak, and the awareness of rights protection was lacking.
Law enforcement characteristics
Grasp the word "fast"
Carry out "assault rectification". In accordance with the regulatory plan, the Comprehensive Administrative Law Enforcement Bureau launched joint law enforcement actions from time to time, temporarily determined the joint law enforcement department, rectification objects, etc., and various departments responded urgently to carry out the "flash" operation. Land appeared in various places to investigate and deal with cases, forming a strong deterrent force on illegal merchants.
Promote the "fast trial and fast office". Some cases are clear, the facts are clear, and the evidence is conclusive, and the parties have no objection to the fact that the facts of illegal facts and laws are applied. If they voluntarily propose to abandon the statement of defense, confirm the wrongdoing, and confess their penalties, they will encourage the squadron to speed up the case. The penalty decision generally does not exceed 5 working days.
Cooperate with "instant publicity". In response to the punishment cases made by joint law enforcement inspections, the "case of the case" column was introduced to carry out the city's publicity publicity, and during the period when the situation of the case of illegal use of children's workers such as the winter and summer vacations, increased publicity to form a good atmosphere for the disabled of children's workers in the city.
Read the word "combined"
Regulatory responsibilities are not "absence". In accordance with the provisions of provincial matters, the administrative department of labor security is responsible for the supervision of "employers illegal use of children's workers" to accept complaints and reports; Transfer to the comprehensive administrative law enforcement department.
Evidence collection is "intervened" first. In the process of joint law enforcement, in order to ensure the complete collection of evidence, the Comprehensive Administrative Law Enforcement Bureau usually intervenes in advance, assists relevant departments to do a good job in the production of the parties' transcripts, related evidence collection, etc., and strives to make a iron case during the subsequent punishment.
Free tailoring is "random". In response to the problems found in joint law enforcement inspections, the Municipal Comprehensive Administrative Law Enforcement Bureau will conduct investigation and investigation, strictly abide by the "Implementation Rules for the Implementation Rules of the Executive Penalty Administrative Penalty Administrative Punishment of Dongyang City" to ensure fairness and justice.
Legal link
1. Which behaviors belong to illegal use of child workers
Article 5 of the "Measures for the Implementation of the" Regulations on the use of children's workers "in Zhejiang Province" is the following situations: children's workers:
1. Used minors under the age of 16 engage in various forms of labor at the place of production and operation, and pay or pay for labor remuneration in disguise;
2. Arrange minors under the name of diligence and frugality to engage in production and operating labor;
3. In the name of internship, teaching practice, and vocational skills training, the minors under the age of 16 are engaged in production and business labor or their labor that has exceeded their learning and training purposes, time limit, and content, which affects their personal safety, physical and mental health, physical and mental health of;
4. Other minors who violate relevant state regulations are working for labor under the age of 16.
2. What are the legal consequences of using children's workers
Article 14 of the "Regulations for the use of children's workers": If the employer and other organizations use children's workers, the labor security administrative department shall be punished in accordance with the standard of 5,000 yuan per month in accordance with one child labor; With a fine of 2500 yuan with a child labor office; if it is less than 15 days for less than one month, a fine of one month shall be charged.
If the employer and other organizations use children's workers in operating venues with toxic items, the fines stipulated in the "Regulations on the Labor Protection Protection of the Place of Toxic Items", or in accordance with the standards of 5,000 yuan per month in accordance with the standard of 5,000 yuan per month, from the penalty penalties, the penalty penalty is punished. Essence
3. What are the legal consequences of employment for minors under the age of 16
According to the "Regulations on the use of children's workers", if the unit or individual introduces employment for minors under 16 years of age, the labor security administrative department shall be punished in accordance with the standard of 5,000 yuan for each person; Adults introduce employment and revoke their career introduction permits by the labor security administrative department.
4. The relevant regulations of the criminal law on children's workers
Abducting children's workers, forcing children's workers to work, and using children's workers to engage in high -altitude, underground, radioactive, high toxic, flammable, flammable and explosive labor, and the national regulations of the fourth level of physical labor intensity. For disabled, in accordance with the criminal law on the crime of trafficking, forced labor or other crimes, criminal responsibility is investigated in accordance with the law.
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