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Laws of the People's Republic of China |
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| Category | LABOUR ADMINISTRATION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1994-07-05 | Effective Date | 1995-01-01 |
|
Labour Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacations
Chapter V Wages
Chapter VI Occupational Safety and Health
Chapter VII Special Protection for Female and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Responsibility
Chapter XIII Supplementary Provisions Article 1 This Law is formulated in accordance with the Constitution in Article 2 This Law applies to all enterprises and individual economic State organs, institutional organizations and societies as well as Article 3 Laborers shall have the right to be employed on an equal Laborers shall fulfill their labor tasks, improve their vocational Article 4 The employing units shall establish and perfect rules and Article 5 The State shall take various measures to promote employment, Article 6 The State shall advocate the participation of laborers in Article 7 Laborers shall have the right to participate in and organize Trade unions shall represent and safeguard the legitimate rights and Article 8 Laborers shall, through the assembly of staff and workers or Article 9 The labor administrative department of the State Council shall The labor administrative departments of the local people's governments at Article 10 The State shall create conditions for employment and increase The State shall encourage enterprises, institutional organizations, and The State shall support laborers to get jobs by organizing themselves on Article 11 Local people's governments at various levels shall take Article 12 Laborers shall not be discriminated against in employment, Article 13 Females shall enjoy equal rights as males in employment. It Article 14 Where there are special stipulations in laws, rules and Article 15 No employing units shall be allowed to recruit juveniles under Units of literature and art, physical culture and sport, and special arts Article 16 A labor contract is the agreement reached between a laborer A labor contract shall be concluded where a labor relationship is to be Article 17 Conclusion and modification of a labor contract shall follow A labor contract once concluded in accordance with the law shall possess Article 18 The following labor contracts shall be invalid: (1) labor contracts concluded in violation of laws, administrative rules (2) labor contracts concluded by resorting to such measures as cheating An invalid labor contract shall have no legal binding force from the very The invalidity of a labor contract shall be confirmed by a labor dispute Article 19 A labor contract shall be concluded in written form and (1) term of a labor contract; (2) contents of work; (3) labor protection and working conditions; (4) labor remuneration; (5) labor disciplines; (6) conditions for the termination of a labor contract; and (7) responsibility for the violation of a labor contract. Apart from the required clauses specified in the preceding paragraph, Article 20 The term of a labor contract shall be divided into fixed In case a laborer has kept working in a same employing unit for ten years Article 21 A probation period may be agreed upon in a labor contract. Article 22 The parties involved in a labor contract may reach an Article 23 A labor contract shall terminate upon the expiration of its Article 24 A labor contract may be revoked upon agreement reached Article 25 The employing unit may revoke the labor contract with a (1) to be proved not up to the requirements for recruitment during the (2) to seriously violate labor disciplines or the rules and regulations (3) to cause great losses to the employing unit due to serious dereliction (4) to be investigated for criminal responsibilities in accordance with Article 26 In any of the following circumstances, the employing unit may (1) where a laborer is unable to take up his original work or any new (2) where a laborer is unqualified for his work and remains unqualified (3) no agreement on modification of the labor contract can be reached Article 27 During the period of statutory consolidation when the Where the employing unit is to recruit personnel six months after the Article 28 The employing unit shall make economic compensations in Article 29 The employing unit shall not revoke its labor contract with a (1) to be confirmed to have totally or partially lost the ability to work (2) to be receiving medical treatment for diseases or injuries within the (3) to be a female staff member or worker during pregnant, puerperal, or (4) other circumstances stipulated by laws, administrative rules and Article 30 The trade union of an employing unit shall have the right to Article 31 A laborer who intends to revoke his labor contract shall Article 32 A laborer may notify at any time the employing unit of his (1) within the probation period; (2) where the employing unit forces the laborer to work by resorting to (3) failure on the part of the employing unit to pay labor remuneration Article 33 The staff and workers of an enterprise as one party may A collective contract shall be concluded by the trade union on behalf of Article 34 A collective contract shall be submitted to the labor Article 35 Collective contracts concluded in accordance with the law Article 36 The State shall practise a working hour system under which Article 37 In case of laborers working on the basis of piecework, the Article 38 The employing unit shall guarantee that its staff and workers Article 39 Where an enterprise can not follow the stipulations in Article Article 40 The employing unit shall arrange holidays for laborers in (1) the New Year's Day; (2) the Spring Festival; (3) the International Labor Day; (4) the National Day; and (5) other holidays stipulated by laws, rules and regulations. Article 41 The employing unit may extend working hours due to the Article 42 The extension of working hours shall not be subject to (1) where emergent dealing is needed in the event of natural disaster, (2) where prompt rush repair is needed in the event of breakdown of (3) other circumstances as stipulated by laws, administrative rules and Article 43 The employing unit shall not extend working hours of laborers Article 44 The employing unit shall, according to the following (1) to pay no less than 150 per cent of the normal wages if the extension (2) to pay no less than 200 per cent of the normal wages if the extended (3) to pay no less than 300 per cent of the normal wages if the extended Article 45 The State shall practise a system of annual vacation with pay. Laborers who have kept working for one year and more shall be entitled to Article 46 The distribution of wages shall follow the principle of The level of wages shall be gradually raised on the basis of economic Article 47 The employing unit shall independently determine its form of Article 48 The State shall implement a system of guaranteed minimum Wages paid to laborers by the employing unit shall not be lower than the Article 49 The determination and readjustment of the standards on minimum (1) the lowest living expenses of laborers themselves and the average (2) the average wage level of the society as a whole; (3) labor productivity; (4) the situation of employment; and (5) the different levels of economic development between regions. Article 50 Wages shall be paid monthly to laborers themselves in cash. Article 51 The employing unit shall pay wages according to law to Article 52 The employing unit must establish and perfect the system for Article 53 Facilities of occupational safety and health must meet the Facilities of occupational safety and health installed in new projects and Article 54 The employing unit must provide laborers with occupational Article 55 Laborers to be engaged in specialized operations must receive Article 56 Laborers must strictly abide by rules of safe operation in Laborers shall have the right to refuse to operate if the management Article 57 The State shall establish a system for the statistics, reports Article 58 The State shall provide female workers and juvenile workers "Juvenile workers" hereby refer to laborers at the age of 16 but not 18 Article 59 It is prohibited to arrange female workers to engage in work Article 60 Female workers during their menstrual periods shall not be Article 61 Female workers during their pregnancy shall not be arranged to Article 62 After childbirth, female workers shall be entitled to no less Article 63 Female workers during the period of breast-feeding their Article 64 No juvenile workers shall be arranged to engage in work down Article 65 The employing unit shall provide regular physical examinations Article 66 The State shall take various measures through various channels Article 67 People's governments at various levels shall incorporate the Article 68 The employing unit shall establish a system for vocational Laborers to be engaged in technical work must receive pre-job training Article 69 The State shall determine occupational classification, set up Article 70 The State shall develop social insurance undertakings, Article 71 The level of social insurance shall be in proportion to the Article 72 The sources of social insurance funds shall be determined Article 73 Laborers shall, in accordance with the law, enjoy social (1) retirement; (2) illness or injury; (3) disability caused by work-related injury or occupational disease; (4) unemployment; and (5) child-bearing. The survivors of the insured laborers shall be entitled to subsidies for The conditions and standards for laborers to enjoy social insurance The social insurance amount that laborers are entitled to, must be timely Article 74 The agencies in charge of social insurance funds shall The supervisory organizations of social insurance funds shall exercise The establishment and function of the agencies in charge of social No organization or individual shall be allowed to misappropriate social Article 75 The State shall encourage the employing unit to set up The State shall advocate that laborers practise individual insurance in Article 76 The State shall develop social welfare undertakings, construct The employing unit shall create conditions so as to improve collective Article 77 Where a labor dispute between the employing unit and The principle of mediation shall apply to the procedures of arbitration Article 78 The settlement of a labor dispute shall follow the principle Article 79 Where a labor dispute takes place, the parties involved may Article 80 A labor dispute mediation committee may be established inside Agreements reached on labor disputes through mediation shall be Article 81 A labor dispute arbitration committee shall be composed of Article 82 The party that requests for arbitration shall file a written Article 83 Where a party involved in a labor dispute is not satisfied Article 84 Where a dispute arises from the conclusion of a collective Where a dispute arises from the implementation of a collective contract Article 85 The labor administrative departments of people's governments Article 86 The inspectors from the labor administrative departments of The inspectors from the labor administrative departments of people's Article 87 Relevant departments of people's governments at or above the Article 88 Trade unions at various levels shall, in accordance with the Any organizations or individuals shall have the right to expose and accuse Article 89 Where the rules and regulations on labor formulated by the Article 90 Where the employing unit extends working hours of laborers in Article 91 Where an employing unit infringes in any of the following ways (1) to deduct wages or delay in paying wages to laborers without reason; (2) to refuse to pay laborers remuneration for the extended working hours; (3) to pay laborers wages below the local standard on minimum wages; or (4) to fail to provide laborers with economic compensations in accordance Article 92 Where the occupational safety facilities and health conditions Article 93 Where an employing unit forces laborers to operate with risks Article 94 Where an employing unit illegally recruits juveniles under the Article 95 Where an employing unit encroaches upon the legitimate rights Article 96 Where an employing unit commits one of the following acts, the (1) to force laborers to work by resorting to violence, intimidation or (2) humiliating, giving corporal punishment, beating, illegally searching Article 97 The employing unit shall bear the responsibility for Article 98 The employing unit that revokes labor contracts or purposely Article 99 The employing unit that recruits laborers whose labor Article 100 The employing unit that fails to pay social insurance premium Article 101 Where an employing unit unjustifiably obstructs the labor Article 102 Laborers who revoke labor contracts in violation of the Article 103 The functionaries of the labor administrative department or Article 104 The functionaries of the State or the agencies in charge of Article 105 Where other laws or administrative rules and regulations have Article 106 People's governments of provinces, autonomous regions and Article 107 This Law shall become effective as of January 1, 1995.
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Chapter I General Provisions
order to protect the legitimate rights and interests of laborers, readjust
labor relationship, establish and safeguard a labor system suited to the
socialist market economy, and promote economic development and social progress.
organizations (hereinafter referred to as employing units) within the boundary
of the People's Republic of China and laborers who form a labor relationship
therewith.
laborers who form a labor contract relationship therewith shall follow this
Law.
basis, choose occupations, obtain remuneration for their labor, take rest,
have holidays and leaves, obtain protection of occupational safety and health,
receive training in vocational skills, enjoy social insurance and welfare, and
submit applications for settlement of labor disputes, and other rights
relating to labor as stipulated by law.
skills, follow rules on occupational safety and health, and observe labor
discipline and professional ethics.
regulations in accordance with the law so as to ensure that laborers enjoy
the right to work and fulfill labor obligations.
develop vocational education, lay down labor standards, regulate social
incomes, perfect social insurance system, coordinate labor relationship, and
gradually raise the living standard of laborers.
social voluntary labor and the development of their labor competitions and
activities of forwarding rational proposals, encourage and protect the
scientific research and technical renovation engaged by laborers, as well as
their inventions and creations; and commend and award labor models and
advanced workers.
trade unions in accordance with the law.
interests of laborers, and independently conduct their activities in
accordance with the law.
their congress, or other forms in accordance with the provisions of laws,
rules and regulations, take part in democratic management or consult with the
employing units on an equal footing about protection of the legitimate rights
and interests of laborers.
be in charge of the management of labor of the whole country.
or above the county level shall be in charge of the management of labor in
the administrative areas under their respective jurisdiction.
Chapter II Promotion of Employment
opportunities for employment by means of the promotion of economic and social
development.
societies to initiate industries or expand businesses for the increase of
employment within the scope of the stipulations of laws, and administrative
rules and regulations.
a voluntary basis or by engaging in individual businesses.
measures to develop various kinds of job-introduction agencies and provide
employment services.
regardless of their ethnic community, race, sex, or religious belief.
shall not be allowed, in the recruitment of staff and workers, to use sex as a
pretext for excluding females from employment or to raise recruitment
standards for the females, except for the types of work or posts that are not
suitable for females as stipulated by the State.
regulations on the employment of the disabled, the personnel of national
minorities, and demobilized armymen, such special stipulations shall apply.
the age of 16.
and crafts that need to recruit juveniles under the age of 16 must go through
the formalities of examination and approval according to the relevant
provisions of the State and guarantee their right to compulsory education.
Chapter III Labor Contracts and Collective Contracts
and an employing unit for the establishment of the labor relationship and the
definition of the rights, interests and obligations of each party.
established.
the principles of equality, voluntariness and unanimity through consultation,
and shall not run counter to the stipulations of laws, administrative rules
and regulations.
legal binding force. The parties involved must fulfill the obligations as
stipulated in the labor contract.
and regulations; and
and intimidation.
beginning of its conclusion. Where a part of a labor contract is confirmed as
invalid and where the validity of the remaining part is not affected, the
remaining part shall remain valid.
arbitration committee or a people's court.
contain the following clauses:
other contents in a labor contract may be agreed upon through consultation by
the parties involved.
term, flexible term or taking the completion of a specific amount of work as a
term.
or more and the parties involved agree to extend the term of the labor
contract, a labor contract with a flexible term shall be concluded between
them if the laborer so requested.
The longest probation period shall not exceed six months.
agreement in their labor contract on matters concerning keeping the
commercial secrets of the employing unit.
term or the emergence of the conditions for the termination of the labor
contract as agreed upon by the parties involved.
between the parties involved through consultation.
laborer in any of the following circumstances:
probation period;
of the employing unit;
of duty or engagement in malpractice for selfish ends; and
the law.
revoke a labor contract but a written notification shall be given to the
laborer 30 days in advance:
work arranged by the employing unit after the completion of his medical
treatment for illness or injury not suffered from at work;
even after receiving a training or an adjustment to an other work post; and
through consultation by the parties involved when the objective conditions
taken as the basis for the conclusion of the contract have greatly changed so
that the original labor contract can no longer be carried out.
employing unit comes to the brink of bankruptcy or runs deep into difficulties
in production and management, and if reduction of its personnel becomes really
necessary, the unit may make such reduction after it has explained the
situation to the trade union or all of its staff and workers 30 days in
advance, solicited opinions from them and reported to the labor
administrative department.
personnel reduction effected according to the stipulations of this Article,
the reduced personnel shall have the priority to be re-employed.
accordance with the relevant provisions of the State if it revokes its labor
contracts according to the stipulations in Article 24, Article 26 and Article
27 of this Law.
laborer in accordance with the stipulations in Article 26 and Article 27 of
this Law in any of the following circumstances:
due to occupational diseases or injuries suffered from at work;
prescribed period of time;
breast-feeding period; or
regulations.
air its opinions if it regards as inappropriate the revocation of a labor
contract by the unit. If the employing unit violates laws, rules and
regulations or labor contracts, the trade union shall have the right to
request for reconsideration. Where the laborer applies for arbitration or
brings in a lawsuit, the trade union shall render him support and assistance
in accordance with the law.
give a written notice to the employing unit 30 days in advance.
decision to revoke the labor contract in any of the following circumstances:
violence, intimidation or illegal restriction of personal freedom; or
or to provide working conditions as agreed upon in the labor contract.
conclude a collective contract with the enterprise on matters relating to
labor remuneration, working hours, rest and vacations, occupational safety
and health, and insurance and welfare. The draft collective contract shall be
submitted to the congress of the staff and workers or to all the staff and
workers for discussion and adoption.
the staff and workers with the enterprise; in an enterprise where the trade
union has not yet been set up, such contract shall be also concluded by the
representatives elected by the staff and workers with the enterprise.
administrative department after its conclusion. The collective contract shall
go into effect automatically if no objections are raised by the labor
administrative department within 15 days from the date of the receipt of a
copy of the contract.
shall have binding force to both the enterprise and all of its staff and
workers. The standards on working conditions and labor payments agreed upon
in labor contracts concluded between individual laborers and the enterprise
shall not be lower than those as stipulated in collective contracts.
Chapter IV Working Hours, Rest and Vacations
laborers shall work for no more than eight hours a day and no more than 44
hours a week on the average.
employing unit shall rationally fix quotas of work and standards on piecework
remuneration in accordance with the working hour system stipulated in Article
36 of this Law.
have at least one day off in a week.
36 and Article 38 of this Law due to its special production nature, it may
adopt other rules on working hours and rest with the approval of the labor
administrative department.
accordance with the law during the following festivals:
requirements of its production or business after consultation with the trade
union and laborers, but the extended working hour for a day shall generally
not exceed one hour; if such extension is called for due to special reasons,
the extended hours shall not exceed three hours a day under the condition that
the health of laborers is guaranteed. However, the total extension in a month
shall not exceed thirty six hours.
restriction of the provisions of Article 41 of this Law under any of the
following circumstances:
accident or other reason that threatens the life, health and the safety of
property of laborers;
production equipment, transportation lines or public facilities that affects
production and public interests; and
regulations.
in violation of the provisions of this Law.
standards, pay laborers remunerations higher than those for normal working
hours under any of the following circumstances:
of working hours is arranged;
hours are arranged on days of rest and no deferred rest can be taken; and
hours are arranged on statutory holidays.
annual vacation with pay. The concrete measures shall be formulated by the
State Council.
Chapter V Wages
distribution according to work and equal pay for equal work.
development. The State shall exercise macro-regulations and control over the
total payroll.
wage distribution and wage level for its own unit according to law and based
on the characteristics of its production and business and economic results.
wages. Specific standards on minimum wages shall be determined by the people's
governments of provinces, autonomous regions or municipalities directly under
the Central Government and reported to the State Council for the record.
local standards on minimum wages.
wages shall be made with reference to the following factors in a comprehensive
manner:
family members they support;
The wages paid to laborers shall not be deducted or delayed without
justification.
laborers who observe statutory holidays, take leaves during the periods of
marriage or funeral, or participate in social activities in accordance with
the law.
Chapter VI Occupational Safety and Health
occupational safety and health, strictly implement the rules and standards of
the State on occupational safety and health, educate laborers on occupational
safety and health, prevent accidents in the process of work, and reduce
occupational hazards.
standards stipulated by the State.
projects to be rebuilt or expanded must be designed, constructed and put into
operation and use at the same time as the main projects.
safety and health conditions conforming to the provisions of the State and
necessary articles of labor protection, and provide regular health
examination for laborers engaged in work with occupational hazards.
specialized training and acquire qualifications for such special operations.
the process of their work.
personnel of the employing unit command the operation in violation of rules
and regulations or force laborers to run risks in operation; laborers shall
have the right to criticize, report or file charges against the acts
endangering the safety of their life and health.
and dispositions of accidents of injuries and deaths, and cases of
occupational diseases. The labor administrative departments and other
relevant departments of the people's governments at or above the county level
and the employing unit shall, according to law, compile statistics, report and
dispose of accidents of injuries and deaths that occurred in the process of
their work and cases of occupational diseases.
Chapter VII Special Protection for Female and Juvenile Workers
with special protection.
yet.
down the pit of mines, or work with Grade IV physical labor intensity as
stipulated by the State, or other work that female workers should avoid.
arranged to engage in work high above the ground, under low temperature, or in
cold water or work with Grade III physical labor intensity as stipulated by
the State.
engage in work with Grade III physical labor intensity as stipulated by the
State or other work that they should avoid in pregnancy. Female workers
pregnant for seven months or more shall not be arranged to extend their
working hours or to work night shifts.
than ninety days of maternity leaves with pay.
babies less than one year old shall not be arranged to engage in work with
Grade III physical labor intensity as stipulated by the State or other labor
that they should avoid during their breast-feeding period, or to extend their
working hours or to work night shifts.
the pit of mines, work that is poisonous or harmful, work with Grade IV
physical labor intensity as stipulated by the State, or other work that they
should avoid.
to juvenile workers.
Chapter VIII Vocational Training
to expand vocational training undertakings so as to develop professional
skills of laborers, improve their qualities, and raise their employment
capability and work ability.
development of vocational training in the plans of social and economic
development, encourage and support all enterprises, institutional
organizations, societies and individuals, where conditions permit, to sponsor
all kinds of vocational training.
training, raise and use funds for vocational training in accordance with the
provisions of the State, and provide laborers with vocational training in a
planned way and in the light of the actual situation of the unit.
before taking up their posts.
professional skill standards for the occupations classified, and practise a
system of vocational qualification certificates. Examination and verification
organizations authorized by the government are in charge of the examination
and verification of the professional skills of laborers.
Chapter IX Social Insurance and Welfare
establish a social insurance system, and set up social insurance funds so that
laborers may receive assistance and compensations under such circumstances as
old age, illness, work-related injury, unemployment and child-bearing.
level of social and economic development and the social affordability.
according to the categories of insurance, and an overall pooling of insurance
funds from the society shall be introduced step by step. The employing unit
and laborers must participate in social insurance and pay social insurance
premiums in accordance with the law.
insurance benefits under the following circumstances:
survivors in accordance with the law.
benefits shall be stipulated by laws, rules and regulations.
paid in full.
collect, expend, manage and operate the funds in accordance with the
stipulations of laws, and assume the responsibility to maintain and raise the
value of these funds.
supervision over the revenue and expenditure, management and operation of
social insurance funds in accordance with the stipulations of laws.
insurance funds and the supervisory organizations of social insurance funds
shall be stipulated by laws.
insurance funds.
supplementary insurance for laborers according to its practical situations.
form of saving account.
public welfare facilities, and provide laborers with conditions for taking
rest, recuperation and rehabilitation.
welfare and raise welfare treatment of laborers.
Chapter X Labor Disputes
laborers takes place, the parties concerned may apply for mediation or
arbitration or take legal proceedings according to law, or may seek for a
settlement through consultation.
and lawsuit.
of legality, fairness and promptness so as to safeguard in accordance with the
law the legitimate rights and interests of the parties involved.
apply to the labor dispute mediation committee of their unit for mediation;
if the mediation fails and one of the parties requests for arbitration, that
party may apply to the labor dispute arbitration committee for arbitration.
Either party may also directly apply to the labor dispute arbitration
committee for arbitration. If one of the parties is not satisfied with the
adjudication of arbitration, the party may bring the case to a people's court.
the employing unit. The committee shall be composed of representatives of the
staff and workers, representatives of the employing unit, and representatives
of the trade union. The chairman of the committee shall be held by a
representative of the trade union.
implemented by the parties involved.
representatives of the labor administrative department, representatives from
the trade union at the corresponding level, and representatives of the
employing unit. The chairman of the committee shall be held by a
representative of the labor administrative department.
application to a labor dispute arbitration committee within 60 days starting
from the date of the occurrence of a labor dispute. The arbitration committee
may generally make an adjudication within 60 days from the date of receiving
the application. The parties involved must implement the adjudication if no
objections are raised.
with the adjudication, the party may bring a lawsuit to a people's court
within 15 days from the date of receiving the ruling of arbitration. Where one
of the parties involved neither brings a lawsuit nor implements the
adjudication of arbitration within the statutory time limit, the other party
may apply to a people's court for compulsory implementation.
contract and no settlement can be reached through consultation by the parties
concerned, the labor administrative department of the local people's
government may organize the relevant departments to handle the case in
coordination.
and no settlement can be reached through consultation by the parties
concerned, the dispute may be submitted to the labor dispute arbitration
committee for arbitration. Any party that is not satisfied with the
adjudication of arbitration may bring a lawsuit to a people's court within 15
days from the date of receiving the adjudication.
Chapter XI Supervision and Inspection
at or above the county level shall, in accordance with the law, supervise and
inspect the implementation of laws, rules and regulations on labor by the
employing unit, and have the power to stop any acts that run counter to laws,
rules and regulations on labor and order the rectification thereof.
people's governments at or above the county level shall, while performing
their public duties, have the right to enter the employing units to make
investigations about the implementation of laws, rules and regulations on
labor, examine necessary data and inspect labor sites.
governments at or above the county level must show their certifications while
performing public duties, impartially enforce laws, and abide by relevant
stipulations.
county level shall, within the scope of their respective duties and
responsibilities, supervise the implementation of laws, rules and regulations
on labor by the employing units.
law, safeguard the legitimate rights and interests of laborers, and supervise
the implementation of laws, rules and regulations on labor by the employing
units.
any acts in violation of laws, rules and regulations on labor.
Chapter XII Legal Responsibility
employing unit run counter to the provisions of laws, rules and regulations,
the labor administrative department shall give a warning to the unit, order
it to make corrections; where any harms have been caused to laborers, the
unit shall be liable for compensations.
violation of the stipulations of this Law, the labor administrative
department shall give it a warning, order it to make corrections, and may
impose a fine.
the legitimate rights and interests of laborers, the labor administrative
department shall order it to pay laborers remuneration or to make up for
economic losses, and may also order it to pay compensations:
with the provisions of this Law after revocation of labor contracts.
of an employing unit do not comply with the provisions of the State or the
unit fails to provide laborers with necessary labor protection articles and
labor protection facilities the labor administrative department or other
relevant departments shall order it to make corrections, and may impose a
fine. If circumstances are serious, the above-said departments shall apply to
a people's government at or above the county level for a decision to order the
unit to stop production for consolidation. If the unit fails to take measures
against potential accident which later leads to the occurrence of a serious
accident and the losses of laborers' lives and properties, criminal
responsibilities shall be investigated against the persons in charge mutatis
mutandis the stipulations of Article 187 of the Criminal Law.
in violation of the rules and regulations, causing thus major accident of
injuries and deaths, and serious consequences, criminal responsibilities of
the person in charge shall be investigated according to law.
age of 16, the labor administrative department shall order it to make
corrections, and impose a fine. If circumstances are serious, the
administrative department for industry and commerce shall revoke its business
license.
and interests of female and juvenile workers in violation of the stipulations
of this Law on their protection, the labor administrative department shall
order it to make corrections, and impose a fine. If harms to female and
juvenile workers have been caused, the unit shall assume the responsibility
for compensations.
person in charge shall be taken by a public security organ into custody for 15
days or less, or fined, or given a warning; and criminal responsibilities
shall be investigated against the person in charge according to law if the act
constitutes a crime:
illegal restriction of personal freedom; or
or detaining laborers.
compensation if the conclusion of any invalid contracts is attributed to the
unit and have caused damages to laborers.
delays the conclusion of labor contracts in violation of the conditions
specified in this Law shall be ordered by the labor administrative department
to make corrections and shall bear the responsibility for compensation if
damages have been caused to laborers.
contracts have not yet been revoked shall, according to law, assume joint
responsibility for compensation if economic losses have been caused to the
original employing unit of the laborers.
without reason shall be ordered by the labor administrative department to pay
within fixed period of time. If the unit still fails to make the payment
beyond the time limit, an additional arrear payment may be demanded.
administrative department and other relevant departments as well as their
functionaries from exercising the powers of supervision and inspection or
retaliates informers, the labor administrative department or other relevant
departments shall impose fines upon the unit. If a crime is constituted, the
person in charge shall be investigated for criminal responsibilities according
to law.
conditions specified in this Law or violate terms on secret-keeping matters
agreed upon in the labor contracts and thus have caused economic losses to
the employing unit shall be liable for compensation in accordance with the law.
other relevant departments who abuse their functions and powers, neglect their
duties, and engage in malpractices for selfish ends, shall be investigated for
criminal responsibilities according to law if a crime is constituted, or shall
be given an administrative sanction if the offenses do not yet constitute a
crime.
social insurance funds who misappropriate the social insurance funds, shall be
investigated for criminal responsibilities according to law if a crime is
constituted.
already specified punishments for the encroachment of the legitimate rights
and interests of laborers that also violate the stipulations of this Law,
punishments shall be given in accordance with the stipulations of those laws
or administrative rules and regulations.
Chapter XIII Supplementary Provisions
municipalities directly under the Central Government shall work out the
implementing measures for the labor contract system according to this Law and
in light of their local conditions, and report the measures to the State
Council for the record.
URL: http://www.asianlii.org/cn/legis/cen/laws/ll96