The labor law stipulates that it is forbidden to recruit minors under the age of 16; Male is 60 years old and female is 50 years old. It is the legal retirement age.
When signing labor contracts with construction workers, the construction unit shall strictly implement the provisions of the state on the statutory retirement age, and shall not sign labor contracts for men over 60 years of age and women over 50 years of age. If it is really necessary to arrange or use over-age construction personnel due to special circumstances, the construction unit shall verify the health certificate of the over-age personnel, and the validity period of the health certificate is 1 year, and reasonably arrange jobs according to the specific conditions of the project. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
What are the penalties for over-age workers on the construction site?
The state does not stipulate that it is illegal to use people over the age of 60, but they cannot sign labor contracts and are not subject to the adjustment of labor law, labor contract law, social insurance law and industrial injury insurance regulations. In other words, they can't participate in social insurance, and it is difficult to deal with industrial accidents.
Legal basis;
Interim Measures of the State Council Municipality on Retirement and Resignation of Workers
Article 1 Workers of enterprises and institutions owned by the whole people, party and government organs and mass organizations shall retire if they meet one of the following conditions.
(a) men over 60 years of age, women over 50 years of age, continuous service for ten years.
(2) Those who are engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health, and have reached the age of 55 for men and 45 for women, and have worked continuously for ten years.
labour law
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 18 The following labor contracts are invalid:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
Article 20 The term of a labor contract can be divided into fixed term, non-fixed term and completion of certain work as the term. If the employee has worked in the same employer continuously for more than ten years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.