First of all, although child labor is prohibited in China, it is not always prohibited for minors to participate in labor. The written labor contracts signed between minors over 16 years of age and employers are legal and valid. Specific analysis: 1. Whether the written labor contract concluded between the employer and the minors who have reached the age of 16 but not 18 is valid depends on whether the minors have the legal qualification of workers. The legal qualification of workers is reflected in their capacity for labor rights and labor behavior. Our laws stipulate that workers' capacity for rights and behavior begins at the age of 16, that is, citizens have the qualification to become the subject of labor legal relations since the age of 16. Except for literary and art, sports and special craft units that can recruit minors under the age of 16 on the premise of strictly fulfilling the approval procedures, other units are not allowed to recruit minors under the age of 16. 2. According to the Law of the People's Republic of China on the Protection of Minors, employers can recruit minors who have reached the age of 16 but not 18 in accordance with relevant international regulations. They should implement national regulations on the type of work, working hours, labor intensity and protective measures, and should not arrange them to engage in heavy, toxic, harmful and other work or dangerous operations that endanger the physical and mental health of minors. 3. With the approval of the relevant departments, the written labor contracts signed by some literary, sports or special craft units to recruit minors are also legal and valid.
#Contract affairs
Jiangxi Nanchang