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Labour Law of the People’s Republic of China

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Labour Law of the People’s Republic of China

 

Labor Law of the People’s Republic of China

(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994, promulgated by Order No.28 of the President of the People’s Republic of China and effective as of January 1, 1995)

Contents

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

 

Chapter I    General Provisions

Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationships, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.

Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the boundary of the People’s Republic of China and labourers who form a labour relationship therewith State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.

Article 3 Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.

Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.

Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.

Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.

Article 6 The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.

Article 7 Labourers shall have the right to participate in and organize trade unions in accordance with the law. Trade unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.

Article 8 Labourers shall, through the assembly of staff and workers or 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 labourers.

Article 9 The labour administrative department of the State Council shall be in charge of the management of labour of the whole country. The labour administrative departments of the local people’s governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.

 

Chapter II    Promotion of Employment

Article 10 The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.

The State shall encourage enterprises, institutional organizations, and 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.

The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.

Article 11 Local people’s governments at various levels shall take measures to develop various kinds of job—introduction agencies and provide employment services.

Article 12 Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.

Article 13 Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a pretext for excluding females form 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.

Article 14 Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.

Article 15 No employing units shall be allowed to recruit juveniles under the age of 16. Units of literature and art, physical culture and sport, and special arts 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    Labour Contracts and Collective Contracts

Article 16 A labour contract is the agreement reached between a labourer and an

employing unit for the establishment of the labour relationship and the

definition of the rights, interests and obligations of each party.

A labour contract shall be concluded where a labour relationship is to be

established.

Article 17 Conclusion and modification of a labour contract shall follow the

principles of equality, voluntariness and unanimity through consultation, and

shall not run counter to the stipulations of laws, administrative rules and

regulations.

A labour contract once concluded in accordance with the law shall possess legal

binding force. The parties involved must fulfill the obligations as stipulated

in the labour contract.

Article 18 The following labour contracts shall be invalid:

      labour contracts concluded in violation of laws, administrative rules and

      regulations; and

      labour contracts concluded by resorting to such measures as cheating and

      intimidation.

An invalid labour contract shall have no legal binding force from the very

beginning of its conclusion. Where a part of a labour contract is confirmed as

invalid and where the validity of the remaining part is not affected, the

remaining part shall remain valid.

The invalidity of a labour contract shall confirmed by a labour dispute

arbitration committee or a people’s court.

Article 19 A labour contract shall be concluded in written form and contain the

following

Clauses:

      term of a labour contract;

      contents of work;

      labour protection and working conditions

      labour remuneration;

      labour discipline;

      conditions for the termination of a labour contract; and

      responsibility for the violation of a labour contract.

Apart from the required clauses specified in the preceding paragraph, other

contents in a labour contract may be agreed upon through consultation by the

parties involved.

Article 20 The term of a labour contract shall be divided into fixed term,

flexible term or taking the completion of a specific amount of work as a term.

In case a labourer has kept working in a same employing unit for ten years or

more and the parties involved agree to extend the term of the labour contract, a

labour contract with a flexible term shall be concluded between them if the

labourer so requested.

Article 21 A probation period may be agreed upon in a labour contract. The

longest probation period shall not exceed six months.

Article 22 The parties involved in a labour contract may reach an agreement in

their labour contract on matters concerning keeping he commercial secrets of the

employing unit.

Article 23 A labour contract shall terminate upon the expiration of its term or

the emergence of the conditions for the termination of the labour contract as

agreed upon by the parties involved.

Article 24 A labour contract may be revoked upon agreement reached between the

parties involved through consultation.

Article 25 The employing unit may revoke the labour contract with a labourer in

any of the following circumstances:

    to be proved not up to the requirements for recruitment during the probation

    period;

    to seriously violate labour disciplines or the rules and regulations of the

    employing units;

    to cause great losses to the employing unit due to serious dereliction of

    duty or engagement in malpractice for selfish ends; and

    to be investigated for criminal responsibilities in accordance with the law.

 

Article 26 In any of the following circumstances, the employing unit may revoke

a labour contract but a written notification shall be given to the labourer 30

days in advance:

    where a labourer is unable to take up his original work or any new work

    arranged by the employing unit after the completion of his medical treatment

    for illness or injury not suffered at work;

    where a labourer is unqualified for his work and remains unqualified even

    after receiving a training or an adjustment to an other work post; and

    no agreement on modification of the labour contract can be reached 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 labour contract can no longer be carried out.

Article 27 During the period of statutory consolidation when the 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 labour administrative department.

Where the employing unit is to recruit personnel six months after the personnel

reduction effected according to the stipulations of this Article, the reduced

personnel shall have the priority to be re-employed.

Article 28 The employing unit shall make economic compensations in accordance

with the relevant provisions of the State if it revokes its labour contracts

according to the stipulations in Article 24, Article 26, and Article 27 of this

Law.

Article 29 The employing unit shall not revoke its labour contract with a

labourer in accordance with the stipulations in Article 26 and Article 27 of

this Law in any of the following circumstances:

      to be confirmed to have totally or partially lost the ability to work due

      to occupational diseases or injuries suffered at work;

      to be receiving medical treatment for diseases or injuries within the

      prescribed period of time;

      to be a female staff member or worker during pregnant, puerperal, or

      breast-feeding period; or

      other circumstances stipulated by laws, administrative rules and

      regulations.

Article 30 The trade union of an employing unit shall have the right to air its

opinions if it regards as inappropriate the revocation of a labour contract by

the unit. If the employing unit violates laws, rules and regulations or labour

contracts, the trade union shall have the right to request for reconsideration.

Where the labourer applies for arbitration or brings in a lawsuit, the trade

union shall render him support and assistance in accordance with the law.

Article 31 A labourer who intends to revoke his labour contract shall give a

written notice to the employing unit 30 days in advance.

Article 32 A labourer may notify at any time the employing unit of his decision

to revoke the labour contract in any of the following circumstances:

    within the probation period;

    where the employing unit forces the labourer to work by resorting to

    violence, intimidation or illegal restriction of personal freedom; or

    failure on the part of the employing unit to pay labour remuneration or to

    provide working conditions as agreed upon in the labour contract.

Article 33 The staff and workers of an enterprise as one party may conclude a

collective contract with the enterprise on matters relating to labour

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.

A collective contract shall be concluded by the trade union on behalf of 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.

Article 34 A collective contract shall be submitted to the labour administrative

department after its conclusion. The collective contract shall go into effect

automatically if no objections are raised by the labour administrative

department within 15 days from the date of the receipt of a copy of the

contract.

Article 35 Collective contracts concluded in accordance with the law shall have

binding force to both the enterprise and all of its staff and workers. The

standards on working conditions and labour payments agreed upon in labour

contracts concluded between individual labourers and the enterprises shall not

be lower than those as stipulated in collective contracts.

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Chapter IV    Working Hours, Rest and Vacations

Article 36 The State shall practise a working hour system under which labourers

shall work for no more than eight hours a day and no more than 44 hours a week

on the average.

Article 37 In case of labourers working on the basis of piecework, the 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.

Article 38 The employing unit shall guarantee that its staff and workers have at

least one day off in a week.

Article 39 Where an enterprise can not follow the stipulations in Article 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 labour administrative

department.

Article 40 The employing unit shall arrange holidays for labourers in accordance

with the law during the following festivals:

      the New Year’s Day;

      the Spring Festival;

      the International Labour Day;

      the National Day; and

      other holidays stipulated by laws, rules and regulations.

Article 41 The employing unit may extend working hours due to the requirements

of its production or business after consultation with the trade union and

labourers, 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

labourers is guaranteed. However, the total extension in a month shall not

exceed thirty six hours.

Article 42 The extension of working hours shall not be subject to restriction of

the provisions of Article 41 of this Law under any of the following

circumstances:

    where emergent dealing is needed in the event of natural disaster, accident

    or other reason that threatens the life, health and the safety of property

    of labourers;

    where prompt rush repair is needed in the event of breakdown of production

    equipment, transportation lines or public facilities that affects production

    and public interests; and

    other circumstances as stipulated by laws, administrative rules and

    regulations.

Article 43 The employing unit shall not extend working hours of labourers in

violation of the provisions of this Law.

Article 44 The employing unit shall, according to the following standards, pay

labourers remunerations higher than those for normal working hours under any of

the following circumstances:

      to pay no less than 150 percent of the normal wages if the extension of

      working hours is arranged;

      to pay no less than 200 percent of the normal wages if the extended hours

      are arranged on days of rest and no deferred rest can be taken; and

      to pay no less than 300 percent of the normal wages if the extended hours

      are arranged on statutory holidays.

Article 45 The State shall practise a system of annual vacation with pay.

Labourers who have kept working for one year and more shall be entitled to

annual vacation with pay. The concrete measures shall be formulated by the State

Council.


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