Answer: Yes, the employer is liable to compensation for your work-related injury.
Workers under the age of 16 are considered child labor in China. Their labor skills and intellectual cognition are in the primary stage of development, so they are relatively immature, vulnerable, and fragile in physical and psychological aspects. Employment law adopts the principle of special protection for minor workers under the age of 16.
The law prohibits employers from recruiting children under the age of 16, otherwise the employer may be imposed administrative fines or criminal penalties, imprisonment up to 3 years. Exceptionally, if an artistic or sports employer recruits professional artists or athletes under the age of 16, the employer must obtain the consent of their parents or other guardians.1Article 13 of the Regulations of the State Council on the Prohibition of Child Labor in 2002.
Although it is prohibited by law, there are still cases of illegal employment of child labor by employers in practice. According to the principles of the Labor Law, child workers under the age of 16 do not constitute the subject of legal employment relations, but only constitute contractor relations with employers. However, when a child worker is injured at work or suffers from an occupational disease, the employer shall bear no less than the liability for work-related injury compensation under employment relations.2Article 66 of the Regulations on Work Injury Insurance, 2010: The employer shall not use child labor. If the employer uses child labor and causes the disability or death of the child labor, the employer shall pay one-off compensation to the child labor or their close relatives, and the compensation standard shall not be lower than the treatment of work injury insurance stipulated in these Regulations. Article 2 of the Measures for One-off Compensation in Casualties of Illegal Employment Employers.
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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com
- 1Article 13 of the Regulations of the State Council on the Prohibition of Child Labor in 2002.
- 2Article 66 of the Regulations on Work Injury Insurance, 2010: The employer shall not use child labor. If the employer uses child labor and causes the disability or death of the child labor, the employer shall pay one-off compensation to the child labor or their close relatives, and the compensation standard shall not be lower than the treatment of work injury insurance stipulated in these Regulations. Article 2 of the Measures for One-off Compensation in Casualties of Illegal Employment Employers.