Provisions on Special Protection for Minor Workers
(Issued by the Ministry of Labor on December 9, 1994, and implemented on January 1, 1995, LA0BUFA [1994] No.498)

Article 1   These Provisions are formulated in accordance with the relevant provisions of the Labor Law of the People’s Republic of China in order to protect the legitimate rights and interests of minor employees, and safeguard their health and safety in work.

Article 2   “Minor workers” hereby refers to employees between age of 16 and 18.

Special protection for minor employees is the special labor protection measures in consideration of the special characteristics of their growing stage and their needs of receiving compulsory education.

Article 3   Employers may not assign a minor worker to the following work:

(1) work in exposure to dust at Grade I or above as provided in the National Standards of “Harmfulness Classification in the Work Exposing to Dust in Production”;

(2) work in exposure to noxious material at the Grade I or above as provided in the National standards of “Classification of Work in Exposure to Noxious Materials”;

(3) work high above the ground at the Grade II or above as provided for in the National standards of “Classification of Work in High Altitude”;

(4) work in exposure to cold water at Grade II or above as provided for in the National standards of “Classification of Work in Exposure to Cold Water”;

(5) work under high temperature at the Grade III or above as provided for in the National standards of “Classification of Work Under High Temperature;

(6) work under low temperature at the Grade III or above as provided for in the National standards of “Classification of Work Under Low Temperature”;

(7) work of Grade IV manual labor intensity as provided for in the National standards of “Classification of the Intensity of Manual Labor”;

(8) work in mining pits or work of quarrying stone on the ground;

(9) work of lumbering, log-floating or patrolling woods in the forestry industry;

(10) work in exposure to radioactive substances at work sites;

(11) work dealing with the inflammable and explosive or work having great danger of employees being chemically or thermally burnt;

(12) work of geological prospecting and resources reconnaissance;

(13) work of diving, operations in culverts or tunnels, or work at highlands with an elevation of more than 3,000 meters above sea level (except for those living in highlands);

(14) work of continuously loading goods for more than six times per hour and more than 20 kilograms each time; work of discontinuously loading goods of more than 25 kilograms each time;

(15) work with the use of rock drill, tamping machine, air pickaxes, air shovels, riveters and electric hammers;

(16) work requiring the employee to maintain for long time an action of lowering head, stooping, raising up, squatting down, or to repeat actions for more than 50 times every minute in the flow process; or

(17) work of stocking boilers.

Article 4   If a minor worker suffers from certain diseases or has physiological defects (not those of disablement), employers shall not assign him or her with any of the following work:

(1) work high above the ground at the Grade I or above as provided for in the National standards of “Classification of Work in High Altitude”;

(2) work under low temperature at the Grade II or above as provided for in the National standards of “Classification of Work Under Low Temperature;

(3) work under high temperature at the Grade II or above as provided for in the National standards of “Classification of Work Under High Temperature”;

(4) Manual labor at the Grade IV or above intensity as provided for in the National standards of “Classification of the Intensity of Manual Labor”; or

(5) work in exposure to such materials easily causing allergic reactions as lead, benzene, mercury, formaldehyde and carbon bisulphide.

Article 5   A minor worker suffering from certain diseases or having physiological defects (non-disablement) herein refers to the one who is suffering any one or more of the followings:

(1) cardiac blood vessel system

a. congenital heart disease;

b. Keshan Disease: and

c. heart murmurs at or above the Grade II during the period of systole or diastole.

(2) respiratory system

a. tracheitis or bronchitis at or above the moderate level;

b. distinct weakness of respiratory sound;

c. all -kinds of tuberculosis; and

d. a minor worker with poor physique or whose respiratory tract is infected repeatedly.

(3) digestive system

a. all kinds of hepatitis;

b: swelling of hepar and spleen;

c. gastric ulcer and duodenary ulcer; and

d. hernia in various digestive tracts.

(4) urinary system

a. acute or chronic nephritis; and

b. infection of urinary system .

(5) internal secretion system

a. hyperthyroidism; and

b. diabetes at or above moderate level.

(6) mental and nervous system

a. low in intelligent ability; and

b. mental melancholia or violence.

(7) muscular and skeletal motion system

a. physical height and weight lower than the standards of the same age;

b. functional disorder in one or more limbs; and

c. motions of one quarter or above of the trunk restricted including straightening his back or not being able to revolve.

(8) miscellaneous

a. tubercular pleurisy ;

b. all kinds of serious arthritis;

c. schistosomiasis; and

d. serious anaemia with haemochrome less than 95 grammes per litre (< 9.5g/dL).

Article 6   Employers shall provide regular physical examinations for minor workers as required in the following circumstances:

(1) prior to the assignment of their work;

(2) being work for a full year; or

(3) reaching the full age of 18 and more than half a year past since their preceding medical examination.

Article 7   Physical examinations for minor employees shall be conducted in conformity with the items specified in the Physical Examination Forms for Minor Workers as attached hereto.

Article 8   Employers shall assign minor workers to proper work in accordance with their physical examinations result; where minor workers are unqualified for their current work, the amount of their labor shall be reduced or they shall be assigned with other work as specified in the medical advises.

Article 9   A registration system of employment and special protection of minor workers shall be adopted.

(1) An employer recruiting minor workers must, in addition to meeting general employment requirements, register with local labor administrative department at or above the county level. The labor administrative department shall examine and issue Minor Workers Registration Certificates in accordance with the Physical Examination Forms for Minor Workers and the Registration Forms for Minor Workers.

(2) The labor administrative departments at all levels shall examine in light of the relevant of the relevant stipulations in Articles 3, 4, and 7 hereinabove the results of physical examinations and the scope of work for such minor workers to be assigned with by employing units.

(3) Minor workers shall not work without Minor Workers Registration Certificates;

(4) Minor Workers Registration Certificates shall be produced in a uniformed manner by the labor administrative department under the State Council.

Article 10   Employing units shall provide minor employees with vocational t