Contents
Chapter 1 General Provisions
Chapter 2 Promotion of Employment
Chapter 3 Labor Contracts and Collective Contracts
Chapter 4 Working Hours, Rests and Leaves
Chapter 5 Wages
Chapter 6 Labor Safety and Sanitation
Chapter 7 Special Protection for Female Staff and Workers and
Juvenile Workers
Chapter 8 Vocational Training
Chapter 9 Social Insurance and Welfare
Chapter 10 Labor Disputes
Chapter 11 Supervision and Inspection
Chapter 12 Legal Responsibilities
Chapter 13 Supplementary Provisions
Chapter 1 General Provisions
Article 1
This Law is hereby formulated in accordance with the
Constitution in order to protect the legitimate rights and
interests of Laborers, readjust Labor relationship, establish and
safeguard the Labor system suiting the socialist market economy,
and promote economic development and social progress.
Article 2
This Law applies to enterprises, individually-owned economic
organizations (hereinafter referred to as the employer) and
Laborers who form a Labor relationship with them within the
boundary of the People's Republic of China.
State departments, institutional organizations and social groups
and Laborers who form a Labor relationship with them shall follow
this Law.
Article 3
Laborers have the right to be employed on an equal basis, choose
occupations, obtain remunerations for Labor, take rests, have
holidays and leaves, receive Labor safety and sanitation
protection, get training in professional skills, enjoy social
insurance and welfare treatment, and submit applications for
settlement of Labor disputes, and other Labor rights stipulated by
law.
Laborers shall fulfill their tasks of Labor, improve their
professional skills, follow rules on Labor safety and sanitation,
observe Labor discipline and professional ethics.
Article 4
The employer shall establish and perfect rules and regulations
in accordance with law and guarantee that Laborers enjoy Labor
right and fulfill Labor obligations.
Article 5
The State shall take various measures to promote employment,
develop vocational education, formulate Labor standards, regulate
social incomes, perfect social insurance, coordinate Labor
relationships, and gradually raise the living level of
Laborers.
Article 6
The State shall advocate Laborers' participation in social
voluntary Labor, Labor competition, and activities of forwarding
rational proposals; encourage and protect Laborers in scientific
research, technical renovation, and invention; and commend and
award Labor models and advanced workers.
Article 7
Laborers shall have the right to participate in and organize
trade unions in accordance with law.
Trade unions shall represent and safeguard the legitimate rights
and interests of Laborers, and stage activities independently in
accordance with law.
Article 8
Laborers shall take part in democratic management through
workers' congress, workers' representative assembly, or any other
forms in accordance with law, or consult with the employer on an
equal footing about protection of the legitimate rights and
interests of Laborers.
Article 9
The Labor management department under the State Council shall
take charge of the management of Labor of the whole country.
Local people's governments above the county level shall take
charge of the management of Labor in areas under their
jurisdiction.
Chapter 2 Promotion of Employment
Article10
The State shall create employment conditions and expand
employment opportunities through promotion of economic and social
development.
The State shall encourage enterprises, institutional
organizations, and social groups to start industries or expand
businesses within the scope allowed by stipulations of laws and
administrative decrees for the purpose of increasing
employment.
The State shall support Laborers to organize and employ
themselves on a voluntary basis and to get employed in individual
businesses.
Article 11
Local people's governments at various levels shall take measures
to develop various kinds of job agencies and provide employment
services.
Article 12
Laborers shall not be discriminated against in employment due to
their nationality, race, sex, or religious belief.
Article 13
Women shall enjoy equal rights as men in employment. Sex shall
not be used as a pretext for excluding women from employment during
recruitment of workers unless the types of work or posts for which
workers are being recruited are not suitable for women according to
State regulations. Nor shall the standards of recruitment be raised
when it comes to women.
Article 14
Any special stipulations in laws and regulations about the
employment of the disabled, minority people, and demobilized
soldiers shall be observed.
Article 15
The employer shall be banned from recruiting juveniles under the
age of 16.
Art, sports and special-skill units that plan to recruit
juveniles under the age of 16 shall go through examination and
approval procedures according to relevant State regulations and
guarantee the right of the employed to receive compulsory
education.
Chapter 3 Labor Contracts and Collective
Contracts
Article 16
Labor contracts are agreements reached between Laborers and the
employer to establish Labor relationships and specify the rights,
interests and obligations of each party.
Labor contracts shall be concluded if Labor relationships are to
be established.
Article 17
Conclusion and alteration of Labor contracts shall follow the
principle of equality, voluntariness, and agreement through
consultation. They shall not run counter to stipulations in laws or
administrative decrees.
Labor contracts shall become legally binding once they are
concluded in accordance with law. The parties involved shall
fulfill obligations stipulated in Labor contracts.
Article 18
The following Labor contracts shall be invalid;
(1) Labor contracts concluded against laws or administrative
decrees;
(2) Labor contracts concluded through cheating, threat, or any
other means.
Invalid Labor contracts shall not be legally binding from the
very beginning of their conclusion. If a Labor contract is
confirmed as being partially invalid, the other parts shall be
valid if the parts that are invalid do not affect the validity of
these other parts.
The invalidity of a Labor contract shall be confirmed by a Labor
dispute arbitration committee or a people's court.
Article 19
Labor contracts shall be concluded in written form and contain
the following clauses:
(1) Time limit of the Labor contract;
(2) Content of work;
(3) Labor protection and Labor conditions;
(4) Labor remunerations;
(5) Labor disciplines;
(6) Conditions for the termination of the Labor contract;
(7) Liabilities for violations of the Labor contract.
Apart from the necessary clauses specified in the preceding
clause, the parties involved can include in their Labor contracts
other contents agreed upon by them through consultation.
Article 20
The time limits of Labor contracts shall be divided into fixed
and flexible time limits and time limits for the completion of
certain amount of work.
Labor contracts with flexible time limits shall be concluded
between the Laborers and the employer if the former request for the
conclusion of Labor contracts with flexible time limits after
working continuously with the employer for more then 10 years and
with agreement between both of the parties involved to prolong
their contracts.
Article 21
Probation periods can be agreed upon in Labor contracts. These
probation periods shall not, however, exceed six months at the
longest.
Article 22
The parties involved in a Labor contract can reach agreements in
their Labor contracts on matters concerning the keeping of the
commercial secrets of the employer.
Article 23
Labor contracts shall terminate upon the expiration of their
time limits or the occurrence of the conditions agreed upon in
Labor contracts by the parties involved for terminating these
contracts.
Article 24
Labor contracts can be revoked with agreement reached between
the parties involved through consultation.
Article 25
The employer can revoke Labor contracts should any one of the
following cases occur with its Laborers:
(1) When they are proved during probation periods to be
unqualified for employment;
(2) When they seriously violate Labor disciplines or the rules
or regulations of the employer;
(3) When they cause great losses to the employer due to serious
dereliction of duties or engagement in malpractices for selfish
ends;
(4) When they are brought to hold criminal responsibilities in
accordance with law.
Article 26
The employer can revoke Labor contracts should any one of the
following cases occur, with its Laborers to be notified, in written
form, of such revocation in 30 days' advance:
(1) The Laborers can neither take up their original jobs nor any
other kinds of new jobs assigned by the employer after completion
of medical treatment for their illnesses or injuries not suffered
during work;
(2) The Laborers are incompetent at their jobs and remain as so
even after training or after readjusting the work posts;
(3) No agreements on a alteration of Labor contracts can be
reached through consultation between and by the parties involved
when major changes taking place in the objective conditions serving
as the basis of the conclusion of these contracts prevent them
being implemented.
Article 27
In case it becomes a must for the employer to cut down the
number of workforce during the period of legal consolidation when
it comes to the brink of bankruptcy or when it runs deep into
difficulties in business, the employer shall explain the situation
to its trade union or all of its employees 30 days in advance,
solicit opinions from its trade union or the employees, and report
to the Labor administrative department before it makes such
cuts.
If the employer cuts its staff according to stipulations in this
Article and then seeks recruits within six months, it shall first
recruit those that have been cut.
Article 28
The employer shall make economic compensations in accordance
with relevant State regulations if it revokes Labor contracts
according to stipulations in Article 24, Article 26 and Article 27
of this Law.
Article 29
The employer shall not revoke Labor contracts in accordance with
stipulations in Article 26 and Article 27 of this Law should any
one of the following cases occur with its Laborers:
(1) Those who are confirmed to have totally or partially lost
their Labor ability due to occupational diseases or work-related
injuries;
(2) Those who are receiving treatment for their diseases or
injuries during prescribed period of time;
(3) Women employees during pregnancy, puerperium, and nursing
periods;
(4) Others cases stipulated by laws and administrative
decrees.
Article 30
The trade union shall have the right to air its opinions if it
regards as inappropriate the revocation of a Labor contract by the
employer. If the employer violates laws, regulations or Labor
contracts, its trade union shall have the right to ask for handling
the case anew. If Laborers apply for arbitration or raise lawsuits,
the trade union shall render support and help in accordance with
law.
Article 31
Laborers planning to revoke Labor contracts shall give a written
notice to their employer in 30 days' advance.
Article 32
Laborers can notify, at any time, their employer of their
decision to revoke Labor contracts in any one of the following
cases:
(1) During their periods of probation;
(2) If they are forced to work by the employer through means of
violence, threat or deprival of personal freedom in violation of
law;
(3) Failure on the part of the employer to pay Labor
remunerations or to provide Labor conditions as agreed upon in
Labor contracts.
Article 33
The employees of an enterprise as one party may conclude a
collective contract with the
enterprise as another party on Labor remunerations, work hours,
rests and leaves, Labor safety and sanitation, insurance, welfare
treatment, and other matters.
The draft collective contract shall be submitted to the workers'
representative assembly or all the employees for discussion and
passage.
Collective contracts shall be signed by and between the trade
union on behalf of the employees and the employer. In an enterprise
that has not yet set up a trade union, such contracts shall be
signed by and between representatives recommended by workers and
the enterprise.
Article 34
Labor contracts shall be reported to Labor administrative
departments after their conclusion. Labor contracts shall take
effect automatically if no objections are raised by these Labor
administrative departments within 15 days after they are
received.
Article 35
Labor contracts concluded in accordance with law shall he
binding on both the enterprise and all of its employees. The
standards on Labor conditions and Labor payments agreed upon in
Labor contracts concluded between individual Laborers and their
enterprises shall not be lower than those stipulated in collective
contracts.
Chapter 4 Working Hours, Rests, and Leaves
Article 36
The State shall practice a working hour system wherein Laborers
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 Laborers working on the basis of piecework, the
employer shall rationally fix quotas of work and standards of
piecework remuneration in accordance with the working hour system
stipulated in Article 36 of this Law.
Article 38
The employer shall guarantee that its Laborers have at least one
day off a week.
Article 39
If an enterprise can not follow the stipulations in Article 36
and Article 38 of this Law due to special characteristics of its
production, it may follow other rules on work and rest with the
approval by Labor administrative departments.
Article 40
The employer shall arrange rests for Laborers in accordance with
law during the following holidays:
(1) The New Year's Day;
(2) The Spring Festival;
(3) The International Labor Day;
(4) The National Day;
(5) Other holidays stipulated by laws and regulations.
Article 41
The employer can prolong work hours due to needs of production
or businesses after consultation with its trade union and Laborers.
The work hours to be prolonged, in general, shall be no longer than
one hour a day, or no more than three hours a day if such
prolonging is called for due to special reasons and under the
condition that the physical health of Laborers is guaranteed. The
work time to be prolonged shall not exceed, however, 36 hours a
month.
Article 42
The prolonging of work hours shall not be subject to
restrictions of stipulations of Article 41 of this Law in any one
of the following cases:
(1) Need for emergency treatment during occurrence of natural
disasters, accidents or other reasons that threaten the life,
health or property safety of Laborers;
(2) Need for timely rush-repair of production equipment,
transportation lines or public facilities that have gone out of
order and as a result affect production and public interests;
(3) Other cases stipulated in laws and administrative
decrees.
Article 43
The employer shall not prolong the work hours of Laborers in
violation of the stipulations of this Law.
Article 44
The employer shall pay Laborers more wage remunerations than
those for normal work according to the following standards in any
one of the following cases:
(1) Wage payments to Laborers no less than 150 percent of their
wages if the Laborers are asked to work longer hours;
(2) Wage payments to Laborers no less than 200 percent of their
wages if no rest can be arranged afterwards for the Laborers asked
to work on days of rest;
(3) Wage payments to Laborers no less than 300 percent of their
wages if the Laborers are asked to work on legal holidays.
Article 45
The State follows the system of annual leaves with pay.
Laborers shall be entitled to annual leaves with pay after
working for more than one year continuously. Specific rules on this
shall be worked out by the State Council.
Chapter 5 Wages
Article 46
Distribution of wages shall follow the principle of distribution
according to work and equal pay for equal work.
The level of wages shall be raised gradually on the basis of
economic development. The State shall exercise macro regulation and
control over total payrolls.
Article 47
The employer shall fix its form of wage distribution and wage
level on its own and in accordance with this Law according to the
characteristics of its production and businesses and economic
efficiency.
Article 48
The State shall implement a system of guaranteed minimum wages.
Specific standards on minimum wages shall be stipulated by
provincial, autonomous regional and municipal people's governments
and reported to the State Council for registration.
The employer shall pay Laborers wages no lower than local
standards on minimum wages.
Article 49
Standards on minimum wages shall be fixed and readjusted with
comprehensive reference to the following factors:
(1) The lowest living costs of Laborers themselves and the
number of family members they support;
(2) Average wage level of the society as a whole;
(3) Productivity;
(4) Situation of employment;
(5) Differences between regions in their levels of economic
development.
Article 50
Wages shall be paid to Laborers themselves in the form of
currency on a monthly basis. The wages payable to Laborers shall
not be deducted or delayed without reason.
Article 51 The employer shall pay wages to Laborers in
accordance with law when they have legal holidays, take leaves
during periods of marriage or mourning, and participate in social
activities in accordance with law.
Chapter 6 Labor Safety and Sanitation
Article 52
The employer shall establish and perfect its system for Labor
safety and sanitation, strictly abide by State rules and standards
on Labor safety and sanitation, educate Laborers in Labor safety
and sanitation, prevent accidents in the process of Labor, and
reduce occupational hazards.
Article 53
Labor safety and sanitation facilities shall meet State-fixed
standards.
The Labor safety and sanitation facilities of new projects and
projects of renovation and expansion shall be designed, constructed
and put into operation and use at the same time as the main
projects.
Article 54
The employer shall provide Laborers with Labor safety and
sanitation conditions meeting State stipulations and necessary
articles of Labor protection, and carry out regular health
examination for Laborers engaged in work with occupational
hazards.
Article 55
Laborers to be engaged in special operations shall receive
specialized training and acquire qualifications for these special
operations.
Article 56
Laborers should strictly follow rules on safe operation in the
process of Labor.
Laborers shall have the right to refuse to follow orders if the
management personnel of the employer direct or force them to work
in violation of regulations, and to criticize, expose and accuse
any acts endangering the safety of their life and physical
health.
Article 57
The State shall establish a system for the statistical report
and treatment of accidents of injuries or deaths and cases of
occupational diseases. The Labor administrative departments and
other relevant departments under the people's governments at or
above the county level and the employer shall, in accordance with
law, carry out statistical report and disposition with respect to
accidents of injuries or deaths occurred to Laborers in the process
of their work and situations of occupational diseases.
Chapter 7 Special Protection for Female Staff and
Workers and Juvenile Workers
Article 58
The State provides special protection to female staff and
workers and juvenile workers. Juvenile workers refer to Laborers up
to 16 years old but below 18 years old.
Article 59
It is forbidden to arrange underground work for women workers at
mines, or any Labor with Grade IV physical Labor intensity as
stipulated by the State, or other Labor forbidden to women.
Article 60
It is forbidden to engage women workers in work high above the
ground, under low temperatures, or in cold water during their
menstrual periods or Labor with Grade III physical Labor intensity
as stipulated by the State.
Article 61
It is forbidden to engage women workers during their pregnancy
in work with Grade III physical Labor intensity as stipulated by
the State or other work the State prevents them from doing during
pregnancy. It is forbidden to prolong the work hours of women
workers pregnant for seven months or ask them to work night
shifts.
Article 62
Birth-giving women workers shall be entitled to maternity leaves
no shorter than 90 days.
Article 63
It is forbidden to engage women workers in work with Grade III
physical Labor intensity as stipulated by the State during their
breast-feeding of babies less than one year old and other Labor the
Sate prevents them from doing during their breastfeeding periods.
Neither shall their work hours be prolonged nor they be asked to
work night shifts during these periods.
Article 64
It is forbidden to engage underage workers in work under wells
at mines, poisonous or harmful work, Labor Grade IV physical Labor
intensity as stipulated by the State, or any other Labor the State
prevents them from doing.
Article 65
The employer shall carry out regular physical examinations for
underage workers.
Chapter 8 Professional Training
Article 66
The State shall promote the cause of professional training
through various channels and by various measures to develop the
professional skills of Laborers, improve their quality, and
strengthen their employment and work abilities.
Article 67
People's governments at all levels shall include professional
training into their programs for social and economic development,
and encourage and support enterprises, institutional organizations,
social groups, and individuals to carry out professional training
in various forms.
Article 68
The employer shall establish a system for professional training,
extract and use funds for professional training according to State
regulations, and provide Laborers with professional training in a
planned way and according to its specific conditions.
Laborers to be engaged in technical work shall receive training
before taking up their posts.
Article 69
The State shall determine occupational classification, set up
professional skill standards for specific occupations, and practice
a system of professional qualification certificates. Examination
and appraisal organizations authorized by governments shall be
charged to carry out examination and appraisal of the professional
skills of Laborers.
Chapter 9 Social Insurance and Welfare
Treatment
Article 70
The State shall promote the development of the cause of social
insurance, establish a social insurance system, and set up social
insurance funds so that Laborers can receive help and compensation
when they become old, suffer diseases or work-related injuries,
lose their jobs, and give birth.
Article 71
The level of social insurance shall be brought in line with the
level of social and economic development and social
sustainability.
Article 72
The sources of social insurance funds shall be determined
according to the categories of insurance, and the practice of
unified accumulation of insurance funds shall be introduced. The
employer and individual Laborers shall participate in social
insurance in accordance with law and pay social insurance
costs.
Article 73
Laborers shall be entitled to social insurance treatment in any
one of the following cases:
(1) Retire;
(2) Suffer diseases or injuries;
(3) Become disabled during work or suffer occupational
diseases;
(4) Become jobless;
(5) Give births.
The dependents of the Laborer who dies shall enjoy, in
accordance with law, subsidies provided to these dependents.
The conditions and standards on the eligibility of Laborers for
social insurance treatment shall be stipulated by laws and
regulations.
The social insurance funds for Laborers shall be paid in due
time and in full.
Article 74
Organizations charged with the task of handling social insurance
funds shall collect, keep and use social insurance funds in
accordance with stipulations in laws, and assume the responsibility
to guarantee and multiply the value of these funds.
Organizations charged to supervise social insurance funds shall
supervise in accordance with law stipulations, the collection,
keeping and use of social insurance funds.
The establishment and functioning of the organizations in the
preceding two clauses shall be specified by law.
No unit or individuals shall be allowed to use social insurance
funds for other purposes.
Article 75
The State encourages the employer to set up supplementary
insurance for Laborers according to its practical conditions.
Article 76
The State shall promotes the development of the social welfare
cause, construct public welfare facilities, and provide conditions
for Laborers to rest and recuperate and convalesce.
The employer shall create conditions to improve collective
welfare and provide laborers with better welfare treatment.
Chapter 10 Labor Disputes
Article 77
In case of Labor disputes between the employer and Laborers, the
parties concerned can apply for mediation or arbitration, bring the
case to courts, or settle them through consultation.
The principle of mediation is applicable to arbitration and
court procedures.
Article 78
Labor disputes shall be settled according to the principle of
justice, fairness, and promptness so as to safeguard the legitimate
rights and interests of the parties involved in these disputes in
accordance with law.
Article 79
Once a Labor dispute occurs, the parties involved can apply to
the Labor dispute mediation committee of their unit for mediation;
if it can not be settled through mediation and one of the parties
asks for arbitration, application can be filed to a Labor dispute
arbitration committee for arbitration. Any one of the parties
involved in the case can also apply to a Labor dispute arbitration
committee for arbitration. The party that has objections to the
ruling of the Labor arbitration committee can bring the case to a
people's court.
Article 80
A Labor dispute mediation committee can be set up inside the
employer. This committee shall be composed of workers'
representatives, the representatives of the employer, and trade
union representatives. The chairmanship of this committee shall be
held by a trade union representative.
Agreements reached on Labor disputes through mediations shall be
implemented by the parties involved.
Article 81
Labor dispute arbitration committees shall be composed of the
representatives of Labor administrative departments,
representatives from trade unions at the same level, and the
employer's representatives. The chairmanship of such a committee
shall be held by the representative of a Labor administrative
department.
Article 82
The party that asks for arbitration shall file a written
application to a Labor dispute arbitration committee within 60 days
starting from the date of the occurrence of a Labor dispute.
Generally speaking, the arbitration committee shall produce a
ruling within 60 days after receiving the application. The parties
involved shall implement arbitration rulings if they do not have
any objections to these rulings.
Article 83
If any of the parties involved in a Labor dispute has objections
to an arbitration ruling, it can raise a lawsuit with a people's
court within 15 days after receiving the ruling. If one of the
parties involved neither raises a lawsuit nor implements the
arbitration ruling within the legal period of time, the other party
can apply to a people's court for forced implementation.
Article 84
Cases of disputes resulted from the conclusion of collective
contracts shall be handled through consultation by all the parties
concerned brought together by the Labor administrative department
of a local people's government if these cases can not be handled
through consultation between the parties involved. Cases of
disputes resulted from the implementation of collective contracts
shall be brought to a Labor dispute arbitration committee for
arbitration if these cases can not be solved through consultation
between the parties involved. The party that has objections to a
ruling can raise a lawsuit with a people's court within 15 days
after receiving the ruling.
Chapter 11 Supervision and Inspection
Article 85
The Labor administrative departments under people's governments
at or above the county level shall supervise and inspect efforts by
the employer to abide by laws and regulations, and have the power
to stop any behavior that runs counter to Labor laws and
regulations and order correction.
Article 86
The supervisors and inspectors of the Labor administrative
departments under people's governments at or above the county level
shall have, while performing their public duties, the right to go
to the employer to make investigations about the employer's
implementation of Labor laws and regulations, consult data they
deem necessary, and inspect Labor spots.
The supervisors and inspectors of the Labor administrative
departments under people's governments at or above the county level
shall produce their documents of certification while performing
public duties, impartially enforce laws, and abide themselves by
relevant regulations.
Article 87
Relevant departments under people's governments at or above the
county level shall supervise, within the range of their duties and
responsibilities, the employer in its observance of Labor laws and
regulations.
Article 88
Trade unions at various levels shall safeguard the legitimate
rights and interests of Laborers, and supervise the employer in its
observance of Labor laws and regulations.
All units and individuals shall have the right to expose and
accuse behaviors that go against Labor laws and regulations.
Chapter 12 Legal Responsibilities
Article 89
If the rules and regulations on Labor formulated by the employer
run counter to the provisions of laws and regulations, it shall be
given a warning by Labor administrative departments, ordered to
make corrections, and asked to hold responsibility over harms that
may be done to Laborers.
Article 90
If the employer prolongs work hours in violation of stipulations
in this Law, Labor administrative departments can give it a
warning, order it to make corrections, and may impose a fine
thereon.
Article 91
The employer involved in any one of the following cases that
encroach upon the legitimate rights and interests of Laborers shall
be ordered by Labor administrative departments to pay Laborers wage
remunerations or to make up for economic losses, and may even order
it to pay compensation:
(1) Deduction or unjustified delay in paying wages to
Laborers;
(2) Refusal to pay Laborers wage remunerations for working longer
hours;
(3) Payment of wages to Laborers below local standards on minimum
wages;
(4) Failure to provide Laborers with economic compensations in
accordance with this Law after revocation of Labor contracts.
Article 92
The employer whose Labor safety facilities and Labor sanitation
conditions fall short of State regulations or who fails to provide
Laborers with necessary Labor protection articles and Labor
protection facilities shall be ordered by Labor administrative
departments or other relevant departments to make corrections, or
be fined. Those involved in serious cases shall be reported to
people's governments at or above the county level so that these
people's governments can decide and order it to stop production for
consolidation. Criminal responsibilities shall be fixed upon the
persons in charge according to stipulations in Article 187 of the
Criminal Law should the failure on the part of the employer to take
measures against possible accidents result in serious accidents and
cause losses of Laborers' life or properties.
Article 93
Criminal responsibilities shall be fixed upon the persons in
charge in accordance with law if the employer forces Laborers to
venture to work against regulations and as a result cause major
accidents of injuries and deaths and serious consequences.
Article 94
The employer that recruits juveniles below the age of 16 in
violation of law shall be ordered by Labor administrative
departments to make corrections, and fined. That which involves in
a serious case shall have its business license be revoked by the
administration for industry and commerce.
Article 95
The employer that encroaches upon the legitimate rights and
interests of women and underage workers in violation of the
stipulations of this Law on their protection shall be ordered by
Labor administrative departments to make corrections, and fined.
That which causes harms to women and underage workers shall assume
the responsibility over making compensations.
Article 96
The responsible person of the employer involved in any one of
the following cases shall be taken by a public security department
into custody for 15 days, fined, or given a warning, and criminal
responsibilities shall be fixed upon whoever commits a crime:
(1) Use of violence, threat or illegal deprival of personal
freedom to force Labor;
(2) Humiliation, corporal punishment, beating, and illegal search
or holding of Laborers.
Article 97
The employer shall assume the responsibility over compensation
for losses caused to Laborers by the invalidity of contracts due to
reasons on the part of the employer.
Article 98
The employer that revokes Labor contracts or purposely delays
the conclusion of Labor contracts in violation of the conditions
specified in this Law shall be ordered by Labor administrative
departments to make corrections and assume responsibility over
compensation for any losses that may be sustained by Laborers
therefrom.
Article 99
The employer that recruits Laborers whose Labor contracts have
not yet cancelled, thus causing economic losses to the former
employer, shall assume joint liabilities for compensation according
to law.
Article 100
The employer that refuses to pay social insurance funds shall be
ordered by Labor administrative department to pay within fixed
periods of time. That which fails to make payments beyond the
prescribed time shall be asked to pay arrears.
Article 101
The employer that unjustifiably prevent Labor administrative
departments and other relevant departments as well as their workers
from exercising supervision and inspection powers or retaliates
informers shall be fined by Labor administrative departments or
other relevant departments. If a crime is committed, the person in
charge shall be brought to hold criminal responsibilities.
Article 102
Laborers who revoke Labor contracts in violation of the
conditions specified in this Law or violate terms on secret-keeping
matters agreed upon in Labor contracts shall be asked to hold
responsibility over compensation in accordance with law if their
violation causes economic losses to the employer.
Article 103
Criminal responsibilities shall be fixed upon the workers of
Labor administrative departments or any other relevant departments
if they abuse their powers, neglect their duties, and practice
fraud for the benefit of relatives or friends to such a degree that
they commit crimes. Those who have not committed crimes shall be
disciplined administratively.
Article 104
Public servants and the workers of organizations charged to
handle social insurance funds shall be brought to hold criminal
responsibilities if they use social insurance funds for other
purposes and as a result commit crimes.
Article 105
If other laws or administrative decrees have already specified
punishments for encroachment upon the legitimate rights and
interests of Laborers in violation of the stipulations of this Law,
punishments shall be given in accordance with the stipulations of
these laws or administrative decrees.
Chapter 13 Supplementary Provisions
Article 106
People's governments at the provincial, autonomous regional and
municipal level shall work out rules on the steps of the
implementation of the system of Labor contracts according to this
Law and their local conditions and report the rules to the State
Council for registration.
Article 107 This Law shall take effect on January 1, 1995.
Source: MOFCOM