Is it child labor and punishment to hire minors as domestic helpers but not sign labor contracts?

Belong to the employment of child labor. Hiring a minor as a domestic servant without signing a labor contract, as long as the facts of employment or labor relationship are confirmed, is child labor and will be punished. According to the provisions of the Labor Law, if an employer illegally recruits minors under the age of 16, the labor administrative department shall order them to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.

Legal analysis

If the 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. Illegal recruitment of minors under the age of 16, or recruitment of minors over the age of 16 to engage in heavy, toxic and harmful labor or dangerous operations that endanger the physical and mental health of minors, shall be ordered by the labor and social security department to make corrections and be fined; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce. Under the age of 16, he is not a laborer in the legal sense and is not the subject of a qualified labor contract, so he cannot form a labor relationship. We can only appeal to the labor administrative department to impose administrative punishment on the employer and compensate the minors who have provided labor, and do not support economic compensation or double economic compensation in the sense of the labor contract law.

legal ground

Labor law of the people's Republic of China

Article 15 Employers are prohibited from recruiting minors under the age of 16. When recruiting minors under the age of 16, literary, artistic, sports and special arts and crafts units must abide by the relevant provisions of the state and guarantee their right to receive compulsory education.

Article 94 If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the market supervision and management department.