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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 fulfil 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
fulfil 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 renumerations, 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 practise 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 per cent of their
wages if the laborers are asked to work longer hours;
(2) Wage payments to laborers no less than 200 per cent 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 per cent 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 programmes 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 occupationsal
classification, set up professional skill standards for specific
occupations, and practise a system of professional qualification
certificates. Examination and appraisal organizations authorised
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 labouerers 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 occurrance 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 behaviour 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 Relevants 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 behaviours 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. |
