People's Republic of China Labor Law (amended 2018)
Law Amendment
July 5, 1994 the Eighth National People's Congress Standing Committee of the Eighth Meeting
According to the tenth meeting of the Standing Committee of the 11th National People's Congress August 27, 2009 "Decision on Amending Some Laws' first amendment
According to the Standing Committee of National People's Congress thirteenth seventh meeting of December 29, 2018 "Decision on modification <People's Republic of China Labor Law" and other laws of the seven "second amendment
text
General Provisions
Article
In order to protect the legitimate rights and interests of laborers, readjust labor relations, the establishment and maintenance labor system suited to the socialist market economy, promote economic development and social progress, according to law.
Article
Business in the territory of the People's Republic of China, individual economic organizations (hereinafter referred to as the employer) and laborers who form a labor relationship with this Law. State organs, institutions, social groups and establish labor contract workers, implemented in accordance with this Law.
Article
Workers enjoy equal rights to employment and choice of occupation, the right to remuneration, the right to rest and holidays, the right to occupational safety and health protection, the right to receive vocational skills training, the right to social security and welfare, and submit settlement of labor disputes labor rights and other rights under the law. Laborers shall fulfill their labor tasks, improve their vocational skills, labor safety and sanitation, observe labor discipline and professional ethics.
Article
The employer shall establish and perfect rules and regulations according to the law, ensure that laborers enjoy labor rights and fulfill labor obligations.
The fifth
Countries have taken various measures to promote employment, develop vocational education, lay down labor standards, regulate social incomes, perfect social insurance, coordinate labor relationship, and gradually raise the living standards of the workers.
Article
State advocate laborers participation in social voluntary labor, labor competition and rationalization proposals, encourage and protect laborers in the creation of scientific research, technological innovation and invention, commend and reward model workers and advanced workers.
Article
Employees have the right to participate in and organize trade unions in accordance with law. Unions represent and protect the legitimate rights and interests of laborers, and independently conduct their activities according to law.
eighth
Employer under the law, by the Trades Union Congress, the workers' congress or other forms of participation in democratic management or protect the legitimate rights and interests of workers and employers on an equal footing.
Article IX
Labor administrative department in charge of the national labor work. Local people's governments above the county level labor administrative departments in charge of the administrative areas of labor.
Chapter II Promotion of Employment
Article X
Countries by promoting economic and social development and create employment conditions and expand employment opportunities. The state encourages enterprises, institutions, social organizations to set up industries in the limits prescribed by law, administrative regulations or expand businesses and increase employment. State support worker voluntary organization engaged in self employment and employment.
Article XI
Local people's governments at various levels shall take measures to develop various kinds of job agencies and provide employment services.
Article XII
Employment of workers, not their ethnic, racial, gender, religious belief discrimination.
Article XIII
Women and men enjoy equal employment rights. While recruiting employees, in addition to unsuitable jobs or jobs for women prescribed by the State shall not refuse to employ women by reason of sex or raise the employment standards for women.
Article XIV
Disabled, minority people, and demobilized soldiers of employment laws and regulations have special provisions shall prevail.
Article XV
Prohibit employers recruit minors under 16 years of age. Arts, sports and special processes hires minors under 16 years of age, must comply with the relevant provisions of the State, and guarantee their right to compulsory education.
Chapter III Labor Contracts and Collective Contracts
Article XVI
A labor contract is workers and employers to establish labor relationships and specify the rights and obligations of the agreement between the parties. A labor contract should be set up when establishing a labor relationship.
Article XVII
The conclusion and revision of labor contract shall follow the equality, voluntariness and the principle of consensus, subject to the provisions of laws and administrative regulations. A labor contract law immediately legally binding, the parties must fulfill their obligations under the labor contract.
Article XVIII
The following labor contracts shall be invalid: (a) in violation of the labor contract laws and administrative regulations; (b) adopt labor contract fraud, threats and other means. Invalid labor contracts, from the moment they are concluded, are not legally binding. Labor confirmed that part of the contract null and void, if you do not affect the validity of the rest, and the rest are still valid. Invalid labor contract shall be confirmed by a labor dispute arbitration committee or the people's court.
Article XIX
A labor contract shall be concluded in written form and contain the following provisions: (a) labor contract; (b) the work content; (iii) labor protection and working conditions; (iv) labor remuneration; (e) labor discipline; (f) conditions for terminating the labor contract; (vii) breach of duty of the labor contract. Apart from the necessary labor contract provisions of the preceding paragraph, the parties may agree on any other content negotiation.
Article XX
Term contract into a fixed term and no fixed term and in order to complete a certain amount of work. Workers work continuously in the same employing unit for ten years or more, both parties agree to extend the labor contract, if the worker proposed labor contract without a fixed term shall be concluded without a fixed term labor contract.
Article XXI
Labor contract can stipulate a probation period. Probation period shall not exceed six months.
Article 22
Labor contract matters related to the conservative parties may agree the employer's trade secrets in the labor contract.
Article 23
Labor contract expires or the parties agree to terminate the labor contract conditions occur, the labor contract shall be terminated.
Article 24
By the labor contract party consensus, may terminate the labor contract.
Article 25
Workers of the following circumstances, the employer may terminate the labor contract: (a) been proven during the trial does not meet the recruitment requirements; (b) a serious violation of labor discipline or the employer's rules and regulations; (iii) serious dereliction of duty, malpractice, to cause significant harm to the interests of the employer; (d) be investigated for criminal responsibility according to law.
Article 26
Of the following circumstances, the employer may terminate the labor contract, it should advance thirty days notice workers themselves in writing: (a) after the workers illness or non-work related injury, medical expiration, not original work nor can he by the employer arranged for him; (b) employee is incompetent after training or adjustment of his position, still can not do the job; the objective conditions (iii) the labor contract is based, has changed considerably, so that the original labor contract can not perform, they can not change the labor contract agreed upon by the parties through consultation.
Article 27
During the brink of bankruptcy employer statutory consolidation or the occurrence of serious difficulties in production and management, is really necessary to reduce its workforce, trade union or all employees to explain thirty days in advance circumstances should listen to the views of trade unions or the employees, after the report to the labor administrative departments can cuts. Employer layoff under this section, to recruit personnel within six months, should give priority to hiring staff have been laid off.
Article 28
The employer to terminate the labor contract in accordance with the provisions of Article 26, Article 27 of Article 24 of this Law shall be given financial compensation in accordance with relevant state regulations.
Article 29
Workers have one of the following circumstances, the employer shall not in accordance with the provisions of Article 26, Article 27 of this Law to terminate the labor contract: (a) occupational disease or work-related injury and was confirmed to have totally or partially lost the ability to work ; (b) illness or injuries within the prescribed period of medical treatment; (c) of female workers during pregnancy, childbirth, breast-feeding period; other circumstances specified in (d) laws and administrative regulations.
Article 30
The employer to terminate the labor contract, the union considered inappropriate, the right to express their views. If the employer violates laws, regulations or labor contracts, the union has the right to request for reconsideration; laborer applies for arbitration or file a lawsuit, the trade union should give support and help accordance with the law.
Article 31
Discharge the labor contract shall be thirty days in advance to inform the employer in writing.
Article 32
Of the following circumstances, the employee may notify the employer at any time terminate the labor contract: (a) within the probation period; (2) The employer of violence, intimidation or illegal restriction of personal freedom of forced labor; (c) the employer fails to pay the labor contract labor remuneration or to provide working conditions.
Article 33
Workers and companies can leave the party to labor remuneration, working hours, rest, occupational safety and health, insurance and welfare matters, signed a collective contract. The draft collective contract shall be submitted to the workers' congress or all the employees discussed and adopted. Collective contract signed by the union on behalf of workers and enterprises; there is no trade union of the enterprise, the employees and the elected representatives of companies signed.
Article 34
After the signing of the collective contract shall be submitted to the administrative department of labor; labor administrative departments from receipt of the collective contract text within fifteen days of no objections are raised, the collective contract to that effect.
Article 35
The law signed collective contracts binding on the enterprise and all employees. Workers labor contracts entered into by individuals and businesses working conditions and labor payments shall not be less than the standard provisions of the collective contract.
Chapter IV Working Hours, Rest and Vacations
Article 36
The State practices a day laborer work for no more than eight hours, average weekly working hours and no more than 44 hours system.
Article 37
On the basis of piecework workers, the employer shall rationally fix quotas of work and standards on piecework remuneration in accordance with the provisions of Article 36 of this Law working hour system.
Article 38
The employer shall ensure every worker at least one day off per week.
Article 39
Enterprise features can not be implemented due to production Article 36 of this Law, the provisions of Article 38, approved by the labor administrative departments can carry out other work and rest.
Article 40
During the festival the following employer shall arrange holidays for laborers in accordance with law: (a) New Year's Day; (ii) the Chinese New Year; (iii) International Labor Day; (iv) the National Day; and other holidays specified in (e) laws and regulations.
Article 41
Since the production and management needs the employer, after consultation with trade unions and workers can work longer hours, usually not more than one hour a day; a specific reason to extend the working hours, working longer hours each under conditions safeguarding the health of laborers Japan not more than three hours, but not more than thirty-six hours per month.
Article 42
Of the following circumstances, the extension of working time is not restricted under Article 41 of this Law: (a) the occurrence of natural disasters, accidents or other reasons that threaten the lives and health of workers and property, in need of emergency treatment; (ii) production equipment, transportation lines or public facilities that affects production and public interest, the importance of timely repair of; other circumstances as prescribed (iii) laws and administrative regulations.
Article 43
The employer shall not violate the provisions of this law to extend the working hours.
Article 44
Of the following circumstances, the employer shall pay wages higher than the normal working hours of workers wages in accordance with the following criteria: (a) arrangements for the extension of working time, pay no less than a hundred and fifty percent the wages; (b) the rest for working and can not arrange time off, pay wages not less than two hundred percent of wages; (c) the statutory holidays for working, not low pay wages to pay three hundred percent.
Article 45
National implementation of paid annual leave system. Workers continuously for more than one year are entitled to paid annual leave. The specific measures by the State Council.
Chapter V wages
Article 46
Distribution of wages shall follow the principle of distribution according to work, equal pay. Gradually increase the level of wages on the basis of economic development. State shall exercise macro-control over the total payroll.
Article 47
According to the employer and economic characteristics of the production and operation of the unit, according to the law independently determine the wage distribution and wage level of the unit.
Article 48
State implement a minimum wage guarantee system. Specific standards on minimum wages in the provinces, autonomous regions, municipalities and reported to the State Council for the record. The employer shall pay the wages of workers shall not be lower than the local minimum wage.
Article 49
Determining and adjusting the minimum wage should be comprehensive reference to the following factors: the subsistence minimum (a) laborers themselves and the average family members they support; (ii) the average wage level; (iii) labor productivity; (iv) employment status; (e) differences in levels of economic development between regions.
Article 50
Wages shall be paid monthly in money to the workers themselves. Shall not deduct or delay the payment of.
Article 51
During the workers to participate in social activities during the holidays and weddings as well as statutory holidays, the employer shall pay wages according to law.
Chapter VI Occupational Safety and Health
Article 52
The employer must establish and improve labor safety and health system, strict implementation of national occupational safety and health regulations and standards for workers on occupational safety and health education to prevent accidents during work and reduce occupational hazards.
Article 53
Occupational safety and health facilities must meet the standards set by the state. New construction, renovation, expansion project of occupational safety and health facilities must be designed simultaneously with the main project, constructed and put into production and use.
Article 54
The employer must provide the compliance of national occupational safety and health conditions and necessary articles of labor protection for workers, engaged in work with occupational hazards to workers health checked regularly.
Article 55
Workers engaged in specialized operations must receive specialized training and acquire qualifications special operations.
Article 56
Laborers should strictly follow the safety rules in the labor process. Laborers manager of the employer illegal command, forced to work at risk, the right to refuse; acts that endanger their lives and health, the right to criticize, report and prosecute.
Article 57
The State shall establish injury and occupational disease statistics reporting and handling system. The people's government above the county level labor administrative departments at all levels, departments and employers should be according to the law of casualties and occupational status of laborers occurred in the labor process, statistics, reporting and processing.
Chapter VII of women workers and minors special protection
Article 58
National implementation of special labor protection for female workers and juvenile workers. Juvenile workers refer to 16 years old workers under 18 years old.
Article 59
Prohibit women workers engaged in underground mines, fourth grade physical labor intensity as stipulated by the Ministry of Labor and other labor forbidden to women.
Article 60
We shall arrange for women workers at height during menstruation, cold, cold work and labor Grade III physical labor intensity as stipulated by the State.
Article 61
Not women workers engaged in the state during pregnancy third level physical labor intensity and contraindications in pregnancy labor. For more than seven months pregnant women workers, not to extend their working hours and night shifts.
Article 62
Childbirth, female workers enjoy no less than ninety days of maternity leave.
Article 63
Not other women workers engaged in labor work and lactation taboos third level physical labor intensity stipulated by the State during the breast-feeding of infants under one year, or to extend their working hours and night shifts.
Article 64
Shall not be arranged underage workers engaged in labor underground mine, poisonous, fourth grade physical labor intensity as stipulated by the State and other labor forbidden to women.
Article 65
An employer shall give minors regular health checks.
Chapter 8 Professional Training
Article 66
Through various channels, to take various measures to develop vocational training business, develop professional skills of laborers, improve their quality and enhance the employability and work ability.
Article 67
Governments at all levels shall include professional training into the social and economic development programs, and encourage and support enterprises, institutions, social groups and individuals in various forms of vocational training.
Article 68
The employer shall establish vocational training system, the extraction and use of funds for vocational training in accordance with state regulations, according to its practical, vocational training of workers in a planned way. Workers engaged in technical work, job must undergo training.
Article 69
State to determine occupational classification, set up professional career of skill standards, the implementation of vocational qualification certificate system, responsible for the examination and verification by the agency of record for the examination and appraisal of professional skills of laborers.
Chapter IX Social Insurance and Welfare
Article 70
National Development and social insurance undertakings, establish a social insurance system, and set up social insurance funds so that laborers may receive assistance and compensation in the case of old age, illness, injury, unemployment and maternity.
Article 71
Level of social insurance should be compatible with the social and economic development and social tolerance.
Article 72
Social Insurance Fund to determine the source of funds in accordance with the categories of insurance, social pooling. Employers and workers must participate in social insurance law, pay social insurance premiums.
Article 73
Workers in the following circumstances, enjoy social insurance benefits in accordance with law: (a) retirement; (b) sick, wounded; (iii) due to work injury or occupational disease; (iv) unemployment; (five) children. After the death of a worker, his or her family shall enjoy dependency allowances. Workers enjoy social insurance treatment conditions and standards prescribed by laws and regulations. Workers enjoy social insurance must be paid in full and on time.
Article 74
Social Insurance Fund agencies as prescribed by law revenue and expenditure, management and operation of social insurance funds, and assume the responsibility of increasing the value of social insurance funds. Social Insurance Fund monitoring bodies in accordance with the legal stipulations, the collection, management and operation of social insurance funds supervision. The establishment and functioning of social insurance funds community agencies and oversight bodies insurance fund prescribed by law. No organization or individual may misappropriate social insurance funds.
Article 75
The State encourages employers to establish supplementary insurance for laborers according to the actual situation. State advocate that laborers practice individual savings insurance.
Article 76
National development of social welfare undertakings, construct public welfare facilities for workers to rest, recuperation and rehabilitation conditions. The employer shall create conditions to improve collective welfare and raise welfare treatment of laborers.
Chapter X Labor Disputes
Article 77
Employers and workers labor dispute arises, the parties may apply for mediation, arbitration, litigation, can be resolved through consultation. Arbitration and mediation principles apply to proceedings.
Article 78
Resolution of labor disputes, should be based on lawful, fair and timely processing of principle and safeguard the legitimate rights and interests of the parties to the labor dispute in accordance with law.
Article 79
After a labor dispute arises, the parties may apply to the labor dispute mediation committee for mediation; mediation fails, the parties asks for arbitration, the arbitration may apply to the labor dispute arbitration committee. Either party may also apply for arbitration to a labor dispute arbitration committee. The arbitration award is dissatisfied, he may file a lawsuit to the court.
Article 80
In the employer, labor dispute mediation committee may be established. Labor dispute mediation committee of employee representatives, employer representatives and trade union representatives. The chairman of the committee chaired by union representatives. Labor disputes through mediation to reach an agreement, the parties shall perform.
Article 81
Labor dispute arbitration committee representatives of labor administrative departments at the same level trade union representatives, representatives and the employers composition. The chairman of the arbitration committee chaired by the representative of the labor administrative department.
Article 82
A party that requests for arbitration shall be made within sixty days of a written application to a labor dispute arbitration committee from the date of occurrence of a labor dispute. The arbitration award shall be made generally in receipt of the application for arbitration within 60 days. Adjudication if no objections, the parties must fulfill.
Article 83
Labor dispute of the arbitration award may appeal after receiving the ruling within 15 days from the date of the people's court proceedings. A party within the statutory time limit lawsuit nor implements the award, the other party may apply to court for enforcement.
Article 84
Due to the conclusion of a collective contract dispute arises, the parties negotiated settlement fails, the local people's government administrative departments of labor can organize the relevant coordination process. Performance of the collective contract dispute arises, the parties negotiated settlement fails, they may apply for arbitration to the labor dispute arbitration committee; arbitral award may appeal after receiving the ruling within 15 days from the date of the people's court proceedings.
Chapter XI Supervision and Inspection
Article 85
People's Governments at all levels above the county level shall comply with the employer of labor laws and regulations to supervise and inspect for violations of labor laws and regulations of the right to stop, and ordered to correct.
Article 86
Above the county level administrative departments at all levels of government labor inspectors performing their duties, the right to enter the employer informed of the implementation of labor laws and regulations, access to the necessary information, and inspect labor spots. Above the county level administrative departments at all levels of government labor inspectors performing their duties, they must produce documents, impartially enforce laws, and abide by relevant regulations.
Article 87
Above the county government departments at all levels within their respective areas of responsibility, compliance with labor laws and regulations to supervise the employer.
Article 88
Trade unions at various levels shall safeguard the legitimate rights and interests of workers, the employer compliance with labor laws and regulations to supervise. Any organization or individual for violation of labor laws, acts and regulations have the right to report and prosecute.
Chapter XII Legal Responsibility
Article 89
Employers violate labor regulations enacted laws and regulations, the labor administrative department warning, ordered to make corrections; damage to laborers shall be liable for damages.
Article 90
Employer violates this provision, extend working hours of laborers, given a warning by labor administrative departments, ordered to make corrections, and may impose a fine.
Article 91
Employers any of the following circumstances against the legitimate rights and interests of workers, the labor administrative department ordered to pay workers wages, economic compensation, and may be ordered to pay compensation: (a) Deduction or unjustified delay in paying wages to laborers; (ii ) refused to pay the wages of workers working longer hours; (iii) lower than the local minimum wage pay wages to laborers; (iv) after the lifting of the labor contract, not provide laborers with economic compensations in accordance with this Law.
Article 92
Employers of labor safety and labor sanitation facilities do not meet state regulations or does not provide the necessary articles of labor protection and labor protection facilities to the employee, shall be ordered by labor administrative departments or relevant departments shall impose a fine; the circumstances are serious, drew people's government above the county level shall be ordered to suspend production for rectification; do not take measures against possible accidents result in serious accidents, resulting in loss of life and property of workers, on responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law.
Article 93
The employer forces laborers to illegal dangerous operations, causing serious casualty, resulting in serious consequences, the responsible shall be investigated for criminal liability.
Article 94
The employer illegally recruits minors under 16 years of age shall be ordered by the labor administrative department of corrections, and impose a fine; the circumstances are serious, the market supervision shall revoke the business license.
Article 95
The employer violates the provisions on the protection of women workers and minors of this law encroaches upon the legitimate rights and interests shall be ordered by the labor administrative department of corrections, and impose a fine; causing harms to women and underage workers, should bear the liability.
Article 96
Employer of the following acts by the public security organ responsible persons sentenced to fifteen days detention, a fine or a warning; constitute a crime, be held criminally responsible for the responsible persons: (a) violence, intimidation or illegal restriction of personal freedom means forced labor; (b) insult, corporal punishment, beating, illegally searching or detaining laborers.
Article 97
Due to the employer entered into a contract invalid, causing damages to laborers shall be liable for damages.
Article 98
Conditions employer violates this Law to terminate the labor contract or not deliberately delay the conclusion of labor contracts, ordered to make corrections by the administrative department of labor; damage to laborers shall be liable for damages.
Article 99
When hiring a worker has not yet lifted the labor contract, causing economic losses to the former employer, the employer shall bear joint liability according to law.
Article 100
The employer that refuses to pay social insurance premiums shall be ordered by labor administrative departments to pay their deadline; overdue payment can be subject to late fees.
Article 101
Employing unit unjustifiably obstructs the labor administrative departments, relevant departments and their staff to exercise supervision and inspection, retaliates by labor administrative departments or other relevant departments shall impose a fine; constitute a crime, criminal responsibility shall be investigated according to law.
Article 102
Conditions of workers in violation of this Law to terminate the labor contract or breach of confidentiality issues in the labor contract agreed upon, causing economic losses to the Employer shall be liable for compensation.
Article 103
Labor administrative department or other relevant departments who abuse their power, dereliction of duty, constitute a crime, be held criminally accountable; not constitute a crime, administrative sanctions.
Article 104
National staff and staff of the agencies in charge of social insurance funds misappropriate the social insurance funds, constitutes a crime, be held criminally responsible.
Article 105
Violation of this law against the legitimate interests of workers, other laws and administrative regulations shall be punished have been punished in accordance with the provisions of the laws and administrative regulations.
Chapter 13 Supplementary
Article 106
Provinces, autonomous regions and municipalities according to the actual situation in the region and this Act, the provisions of the labor contract system implementation steps of the State Council for the record.
Article 107
Law since January 1, 1995 into effect.
