Large companies and child labor
This year, one of the world's human rights organizations made a report. It accused three leading companies that specialize in the development of electronic equipment, namely Samsung, Apple, Sony. They were suspected of purchasing minerals that were mined through child labor. According to the report, children as young as seven work in mines in the Democratic Republic of Congo. They mine minerals that are needed to create lithium-ion batteries.
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CEOs of companies that buy minerals say they do not tolerate the use of child labor. However, eyewitness accounts suggest otherwise. Experts from the Human Rights Organization claim that such work is hazardous to health. It is known that these mines have a high mortality rate. According to eyewitnesses, more than 80 minors died there over the past year alone.
According to the UN Children's Fund, at least 40 thousand children are engaged in mineral extraction in the mines of the DRC. Global companies deny this fact. They claim that they do not purchase goods obtained in this way.
Responsibility for the use of child labor
The law tells us that, subject to the conditions described above, a minor can work. But anything beyond these requirements is a violation - administrative or criminal.
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The Criminal Code of the Russian Federation has an article that concerns child labor - 127.2 “Use of child slave labor.”
Unlawful use of child labor can result in the following for an employer:
- Article 6.19 of the Code of Administrative Offenses of the Russian Federation - liability for a legal entity if it encouraged the organization of child labor. For example, he provided premises for this, organized work, looked for workers. Sanctions under this article: a fine in the amount of 1 to 5 million rubles, a ban on conducting activities for up to 3 years;
- Article 127.2 of the Criminal Code of the Russian Federation – child slavery. Imprisonment for up to 10 years, forced labor for up to 5 years. As an additional punishment, a ban on holding a managerial position for up to 15 years and a fine may be issued.
Parents may also be held liable if it is established that they contributed to their child working outside the legally established time limits and requirements in general. Questions may also arise for the guardianship and trusteeship authority, since they had to give permission to work.
Criminal liability
Article number 127.1, part of the current Criminal Code, states what penalties are imposed on criminals guilty of exploiting child slave labor. If an individual who has not reached the age of eighteen was forced to perform work of a slave nature, and he, in turn, was not able to refuse to perform it, then the second part of Article 127.1 comes into force.
As a punishment, the offender is expected to perform forced labor. You will need to work for them for a maximum of five years. Imprisonment of the convicted person for a term of three to ten years is also possible. In addition, the judge may additionally activate a ban on the offender from performing his main activity for fifteen years. This punishment is optional and can be approved or not (in addition to imprisonment).
It should be noted that a ban on carrying out an activity is imposed in cases where the convicted person tried to involve child labor in it.
In some situations, it happens that as a result of the use of child labor on a slave scale, the child’s health is seriously harmed or he even dies. In such cases, the third part of Article 127.1 comes into force, and criminals, in turn, face the most severe forms of criminal penalties.
The guilty individual is imprisoned. The minimum period during which this sanction is valid is eight years, and the maximum period for the validity of such a punishment is fifteen years. In addition, an individual may be restricted in freedom for an additional year.
The Criminal Code also contains the following legislative acts that address issues of child labor exploitation:
- Article 127. This act regulates the types of liability for criminals who unlawfully deprived an individual of his freedom, but this was not kidnapping. If the role of the victim was a minor individual, then the second part of the article comes into force. Punishments include forced labor for five years or imprisonment for a minimum of three years and a maximum of five years. If such deprivation of liberty caused death or serious harm to the health of the victim, then the person is deprived of liberty for 4-8 years.
- Article 127. This article is devoted to the issues of trafficking in minors for the purpose of subsequent exploitation of their labor (part two). The punishment is imprisonment for 3-10 years. Also, the offender may be banned from holding his position for another 15 years. Another additional sanction is a restriction of freedom for a two-year period.
Documents required when applying for a job
To get a teenager to work you need:
- document confirming the identity of the person entering the organization (general civil passport);
- confirmation of education, receipt of a certain qualification or certificate of suspension of education;
- work book (if available);
- document of a participant in the pension system (SNILS), except for the situation of hiring for the first place of work;
- confirmation of military registration (for boys);
- permission of the parent (guardian), as well as the guardianship authorities, to employ a child under 16 years of age;
- medical certificate.
The procedure established by the Ministry of Health and Social Development of the Russian Federation (Order No. 302, 04/12/2011) provides for the mandatory medical examination of adolescents every year until they reach adulthood.
Attention! A medical examination of a citizen is carried out at the expense of the enterprise (Articles 69, 266 of the Labor Code of the Russian Federation). If a minor employee does not have a medical certificate, the management of the organization faces liability for an administrative violation (Article 5 of the Code of Administrative Offenses of the Russian Federation).
Punishment for violating children's work rules
The child himself, who was striving for quick employment, will not bear any responsibility, nor will his parents who allowed illegal labor. Only the employer will be held responsible in such a situation.
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So, if an employer does not officially register employment relations with teenagers or makes errors in this registration, a penalty may be applied to him.
Namely:
- A fine of 1,000 to 5,000 rubles – for officials;
- For individual entrepreneurs – a fine of 1,000 to 5,000 rubles or administrative suspension of activities for up to 90 days;
- For legal entities - a fine of 30,000 to 50,000 rubles or administrative suspension of activities for up to 90 days.
Such measures are prescribed in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and are punished for violations of labor and labor protection legislation.
For each individual violation of the rules of the Labor Code of the Russian Federation, punishment is provided in accordance with Art. 4.4 Code of Administrative Offenses of the Russian Federation.
Employers are often not afraid to violate the norms of the Labor Code of the Russian Federation and exploit child labor by deceiving teenagers and not paying them wages. Few of them will complain about the behavior of the company in which they worked.
