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"Labor Law of the People's Republic of China"
The eighth meeting of the 8th National People's Congress of the National People's Congress on July 5, 1994 passed the Chairman of the People's Republic of China on July 5, 1994 The 28th announced on January 1, 1995 to implement
Catalogs
The Chapter 1 Chapters Chapter 2 Promoting Employment Chapter 3 Labor Contracts and Collective Contracts Chapter 4 Working Time and Resort Chapter 5 Wage Chapter 6 Labor Safety and Sanitation Chapter VII Female Workers and Minor Works Chapter 8 Vocational Training Chapter 9 Social Insurance and Welfare Chapter 10 Labor Dispute Chapter 11 Supervision and Inspection Chapter 12 Legal Responsibility Chapter Thirteenth:
The text
Chapter 1 General Principles Article 1 In order to protect the legitimate rights and interests of the workers, adjust the labor relationship, establish and maintain the labor system that adapts to the socialist market economy, promote economic development and social progress According to the Constitution, this law is formulated. "Labor Law of the People's Republic of China"
It Article 2 Enterprises and individual economic organizations in the People's Republic of China (hereinafter collectively referred to as employers) and workers who form a labor relationship shall apply this law. State organs, business organizations, social groups, and workers who establish labor contract relationships shall be implemented in accordance with this law. Article 3 Labor enjoys the right to equal employment and choice, the right to obtain labor compensation, the right to rest and leave, the right to obtain labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, and ask for labor The right to deal with disputes and other labor rights stipulated in the law. Workers should complete labor tasks, improve vocational skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics. Article 4 The employer shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill their labor obligations. Article 5 The state takes various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of workers. Article 6 The state advocates workers to participate in social obligations, carry out labor competitions and rationalized proposal activities, encourage and protect workers to conduct scientific research, technological innovation and inventions, and commend and reward labor models and advanced workers. Article 7 Labor has the right to participate in and organize trade unions in accordance with the law. The representatives of the trade union and the legitimate rights and interests of the workers independently carried out activities in accordance with the law. Article 8 The workers are involved in democratic management or to protect the legitimate rights and interests of the workers through the employee conference, the staff congress or other forms in accordance with the law, and conduct equal negotiations on the protection of the legitimate rights and interests of the workers and the employer. Article 9 The labor administrative department of the State Council is in charge of national labor. The labor administrative department of local people's governments at or above the county level is in charge of labor in its own administrative area. Chapter 2 Promoting Employment Article 10 The State will promote economic and social development, create employment conditions, and expand employment opportunities. Employment pressure
The countries encourage enterprises, business organizations, social groups to build industries or expand operations within the scope of laws and administrative regulations, and increase employment. The state supports workers to voluntarily organize employment and engage in employment for individual operations. Article 11 Local people's governments at all levels shall take measures to develop a variety of types of occupational introduction institutions and provide employment services. Article 12 The employment of workers shall not be discriminated against due to different nations, races, gender, and religious beliefs. Article 13 Women enjoy employment rights equal to men. When hiring employees, except for the state -stipulated unsuitable for women or posts, it is not possible to refuse to recruit women or improve the standards for women. Article 14 If the employment of the disabled, ethnic minorities, and the employment of soldiers who withdraw from active service shall be specially stipulated by laws and regulations. Article 15 Forbidden employers from recruiting minors under the age of sixteen. Ministry of literature and art, sports and special craft units to recruit minors under the age of sixteen, must fulfill their approval procedures in accordance with relevant national regulations and protect their right to receive compulsory education. Chapter 3 Labor Contracts and Collective Contracts Article 16 Labor Contracts are agreements for workers and employers to establish labor relations and clarify the rights and obligations of both parties. A labor contract should be set up when establishing a labor relationship. The "Labor Contract"
The enforcement and change of labor contracts in Article 17 shall follow the principles of equality and voluntary and negotiation, and shall not violate the provisions of laws and administrative regulations. Labor contracts are immediately legal binding, and the parties must fulfill the obligations stipulated in the labor contract. Article 18 The following labor contracts are invalid: (1) labor contracts that violate laws and administrative regulations; (2) labor contracts set up by fraud and threats. The invalid labor contract has no legal binding power from the time of establishment. The part of the labor contract is invalid. If the effectiveness of the rest is not affected, the rest is still valid. The invalidation of the labor contract is confirmed by the Labor Dispute Arbitration Commission or the People's Court. Article 19 The labor contract shall be established in writing and has the following terms: (1) the period of labor contract; (2) work content; (3) labor protection and labor conditions; (4) labor remuneration; (5) labor discipline ; (6) The condition for the termination of the labor contract; (7) the responsibility of violating the labor contract. Except for the necessary terms stipulated in the preceding paragraph, the parties can negotiate other content. Article 20 The term of the labor contract is divided into a fixed period, no fixed period, and a period of time. If the worker has worked for more than ten years in the same employer, and both parties agree to continue the labor contract, if the worker proposes to establish a labor contract without a fixed period, a labor contract shall be concluded without a fixed period. Article 21 The labor contract may agree on the trial period. The probation period must not exceed six months. Article 22 The parties to the labor contract may agree on the relevant matters of the business secrets of conservative employers in the labor contract. Article 23 The term of labor contracts at the expiration of the labor contract or the term of labor contracts agreed in the parties will occur, and the labor contract will be terminated. Article 24 The labor contract may be canceled by negotiations by the parties to the labor contract. The "Labor Contract Agreement"
Article 25 If the laborer has one of the following circumstances, the employer may terminate the labor contract: (1) If it is proved to be not met in the tested period; (2) seriously seriously In violation of labor discipline or regulations for employers; (3) severe loss of duty, fraud, and harm to the interests of employers will cause significant damage to the interests of employers; Article 26 For one of the following circumstances, the employer may terminate the labor contract, but the workers should be notified in writing in writing in a written form: (1) the worker's illness or injuries or injuries due to work, after the medical period expires , Cannot be engaged in the original work nor the job arranged by the employer; (2) the workers cannot be competent, and after training or adjusting the job, they still cannot be competent; The situation has changed significantly, so that the original labor contract cannot be fulfilled, and the parties cannot reach an agreement on the change of labor contracts by negotiation. Article 27 If the employer is on the verge of bankruptcy, or serious difficulties occur during the production and operation status, if the personnel need to be reduced, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the union or employees, and after the labor administration After the department reports, personnel can be cut off. If the employer is cut off in accordance with the provisions of this article, employees who are hired within six months shall be given priority to the personnel who have been cut. Article 28 Any employer shall, in accordance with the provisions of Article 24, 26, and 27 of this Law, the employer shall provide economic compensation in accordance with relevant national regulations. Article 29 If a laborer has one of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 26 and 27 of this law: (1) affordal disease or due to work injury and confirmation of loss of losses and loss of losses. Or part of the loss of labor; (2) illness or injuries, during the prescribed medical period; (3) female employees during pregnancy, delivery, breastfeeding; (4) Essence Article 30 The employer to terminate the labor contract. If the trade union believes that it is not appropriate, it has the right to make opinions. If the employer violates laws, regulations or labor contracts, the trade union has the right to request re -processing; if a worker applys for arbitration or file a lawsuit, the trade union shall give support and help in accordance with the law. Article 31 The labor contract shall be notified by the employer in writing 30 days in advance. Article 32 If there is one of the following circumstances, the workers can notify the employer to terminate the labor contract at any time: (1) During the probation period; (3) If the employer fails to pay labor compensation or provide labor conditions in accordance with the labor contract. Article 33 Enterprise employees and enterprises may sign collective contracts for labor remuneration, working hours, rest vacations, labor safety and health, insurance benefits, etc. The draft of the collective contract shall be submitted to the employee congress or all employees. The collective contract is signed by the union representative employees and enterprises; the enterprise without the establishment of a trade union is signed by the representatives of employees and the enterprise. Article 34 After the signing of the collective contract shall be submitted to the labor administrative department; if the labor administrative department fails to obtain objections within 15 days from the date of receiving the collective contract text, the collective contract will take effect. Article 35 The collective contract signed in accordance with the law is binding to all employees of the enterprise and enterprise. Standards such as labor conditions and labor remuneration in the labor contract set by employees and enterprises shall not be lower than the provisions of collective contracts. Chapter IV working hours and rest vacation Article 36 The state's working hours of workers' daily working hours of not exceeding eight hours and a weekly working hours of no more than 44 hours. Article 37 For workers who implement the pity work, the employer shall rationally determine the labor quota and the reward standards of the pity on the working hours system according to Article 36 of the Law. Article 38 The employer shall ensure that the workers rest for at least one day a week. Article 39 If the company cannot implement the provisions of Article 36 and 38 of this Law, the enterprise may implement other work and rest measures by the labor administrative department. Article 40 The employer shall arrange workers on vacation in accordance with the law during the following festivals: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) other vacations stipulated in laws and regulations. festival. Article 41 The employer may extend the working time after negotiation with the trade union and workers due to the needs of production and operation. Generally, it shall not exceed one hour daily; The extension of the working hours must not exceed three hours a day, but each month must not exceed 36 hours. Overtime
It with one of the following circumstances, the extended working time is not subject to the limitations stipulated in Article 41 of the Law: (1) Natural disasters, accidents, or other reasons, threatening the life of the workers to live the life Health and property safety requires emergency treatment; (2) production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in time; (3) other circumstances stipulated in laws and administrative regulations. Article 43 The employer shall not violate the working hours of workers in violation of the provisions of this Law. Article 44 If there is one of the following circumstances, the employer shall pay the salary of wages higher than the normal working time of the worker in accordance with the following standards: (1) If the worker is arranged to extend the working time, the payment of not less than the salary is not less than the salary. One hundred and fifty -four salary is paid; (2) the restaurant shall be arranged for workers to work without arranging the rest, paying a salary remuneration of not less than the salary; For a salary of 300 % of paying less than salary. Article 45 The state shall implement a salary annual leave system. If the laborer work continuously for more than a year, he enjoys paid annual leave. The specific measures by the State Council. Chapter 5 Institute of Industry Article 46 The distribution of salary shall follow the principle of distribution according to labor and implement equal remuneration of equal workers. The level of wages has gradually improved on the basis of economic development. The state implements macro -control over the total wages. Salary
If 47 The employer independently determines the wage distribution method and salary level of the unit according to the characteristics and economic benefits of the unit. Article 48 The country implements the minimum wage guarantee system. The specific standards for the minimum wage shall be reported to the State Council for record by the people's governments of the province, autonomous region, and municipalities directly under the Central Government. The employer pays the wages of the workers shall not be lower than the local minimum wage standard. Article 49 The minimum wage standards are determined and adjusted by the following factors: (1) the minimum living expenses of the workers and the average support population; (2) the average salary level of the society; (3) labor productivity; Status; (5) Differences of economic development between regions. Article 50 The salary shall be paid to the worker in the form of a currency. Do not deduct or do the wages of workers for no reason. Article 51 The employer shall pay wages in accordance with the law during the legal holidays and marriage and funeral leave during the legal holidays and marriage and funeral leave. Chapter 6 Labor Safety Health Article 52 The employer must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, and conduct labor safety and health education for workers, prevent accidents in the labor process, reduce occupations, reduce occupations harm. Safety production
It 53 labor safety and health facilities must meet the standards stipulated by the state. The labor safety and sanitary facilities of newly built, reconstructed and expanded projects must be designed, constructed, and put into use at the same time as main projects. Article 54 The employer must provide workers with labor safety and hygiene conditions and necessary labor protection products that meet the state, and shall conduct regular health inspections for workers engaged in occupational hazardous operations. Article 55 Labers engaged in special operations must be trained and obtained for special operations. Article 56 The workers must strictly abide by the safety operating procedures during the labor process. The workers have the right to refuse to implement the violations of the managers of the employer and the risk of adventure; they have the right to criticize, report and accuse their health, and have the right to criticize the safety and physical health of life. Article 57 The state's establishment of casualties and occupational disease statistical reports and treatment systems. Labor administrative departments, relevant departments and employers at the people's governments at or above the county level shall conduct statistics, reporting and handling the casualties and deaths of the workers in the labor process and the occupational diseases of the workers in accordance with the law. Chapter VII Female Workers and Special Protection of Minor Works Article 58 The state implements special labor protection for female employees and minor workers. Minors refer to workers who are under the age of sixteen years old. The use of children's workers
Article 59 prohibits the arrangement of female employees from engaging in mining wells, the labor intensity of fourth -level physical labor stipulated in the country, and other taboos. Article 60 shall not arrange for female employees to engage in labor with high -level, low temperature, cold water operations and national regulations. Article 61 The female employees shall not arrange for female employees to engage in the national regulations on the third level of physical labor intensity and activities during pregnancy. For female employees who are more than seven months pregnant, they must not arrange their working hours and night shifts. Article 62 The fertility of female employees enjoy maternity leave at no less than ninety days. Article 63 The female employees shall not arrange for female employees to engage in other labor stipulated in the country's third -level physical labor intensity during their breastfeeding babies who are under the age of one year of breastfeeding. Article 64 The labor of minors shall not arrange minors engaged in mining wells, toxic and harmful, and the national regulations of the fourth level of physical labor and other taboos. Article 65 The employer shall conduct regular health inspections on minors. Chapter 8 Vocational Training Article 66 The state adopts various measures, adopts various measures, develops vocational training, develops the professional skills of workers, improves the quality of workers, and enhances the employment and work ability of workers. "Vocational Training Certificate"
It 67 people's governments at all levels shall incorporate development of vocational training into the planning of socio -economic development, encourage and support conditions for enterprises, business organizations, social groups, and individuals Vocational Training. Article 68 The employer shall establish a vocational training system, withdrawing and using vocational training funds in accordance with national regulations, and in accordance with the actual situation of the unit, it plans to conduct vocational training for workers. Workers engaged in technical work must be trained before their job. Article 69 The state determines occupational classification, formulates professional skills standards for the prescribed occupation, and implements the professional qualification certificate system. The approved assessment and appraisal agency approved by the government shall be responsible for implementing professional skills assessment and appraisal of workers. Chapter 9 Social Insurance and Welfare Article 70 The country develops social insurance, establishes a social insurance system, and establishes social insurance funds to help and compensate for workers under the circumstances of old age, illness, work injury, unemployment, and fertility. Article 71 The level of social insurance shall be compatible with the level of social and economic development and social affordability. Article 72 Social insurance funds determine the source of funds in accordance with the type of insurance, and gradually implement social overall planning. Employers and workers must participate in social insurance according to law and pay social insurance premiums. Article 73 In the following circumstances, workers enjoy social insurance benefits according to law: (1) retirement; (2) disease and injury; social insurance
(3) ) Unemployment; (5) fertility. After the death of the laborer, his survivor enjoyed the survivable allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. The social insurance benefits enjoyed by workers must be paid in full on time. Article 74: The social insurance funds shall be responsible for revenue and expenditure, management and operating social insurance funds in accordance with the law, and have the responsibility to preserve and appreciate the social insurance fund. The social insurance fund supervision agency shall supervise the revenue and expenditure, management and operation of social insurance funds in accordance with the law. The establishment and functions of the Social Insurance Fund and Social Insurance Fund Supervision Institutions shall be provided by the law. No organization or individual shall misappropriate social insurance funds. Article 75 The state encourages employers to establish supplementary insurance for workers in accordance with the actual situation of the unit. The state advocates personal savings insurance. Article 76 The country develops social welfare undertakings, and the construction of public welfare facilities will provide conditions for workers to rest, recuperate and healing. Employers should create conditions, improve collective benefits, and improve the benefits of workers. Chapter 10 Labor Disputes Article 77 The employer and workers have a labor dispute. The parties can apply for mediation, arbitration, and filed a lawsuit in accordance with the law, or they may also negotiate and resolve it. The principle of mediation is suitable for arbitration and litigation procedures. Article 78 The resolution of labor disputes shall safeguard the legitimate rights and interests of the parties to the labor dispute in accordance with the principles of legal, fair and timely processing. Article 79 After the labor dispute occurs, the parties may apply for mediation to the labor dispute mediation committee of the unit; if the mediation cannot be done, the parties ask for arbitration, and may apply for arbitration from the labor dispute arbitration committee. The parties can also apply for arbitration directly to the Labor Dispute Arbitration Commission. If you are not convinced of arbitration, he may filed a lawsuit with the people's court. The "Notice of the Case of Control of the Labor Dispute Arbitration Commission"
Article 80 can be established in the employer, a labor dispute mediation committee may be established. The labor dispute mediation committee is composed of employee representatives, employers representatives, and union representatives. The director of the labor dispute mediation committee is held by the union representative. If the labor dispute is reached an agreement by the mediation, the parties shall fulfill it. Article 81 The labor dispute arbitration commission is composed of representatives of the labor administrative department, representatives of union at the same level, and representatives of employers. The director of the Labor Dispute Arbitration Commission is the representative of the labor administrative department. Article 82 The party that proposes arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of labor disputes. The arbitration ruling should generally be made within 60 days of receiving the arbitration application. If there is no objection to the arbitration ruling, the parties must perform. Article 83 If the parties to the labor dispute are not convinced of arbitration, they may file a lawsuit with the people's court within 15 days from the date of receiving the arbitration award. If one party does not sue or fulfills the arbitral decision within the statutory period, the other party may apply for the people's court for enforcement. Article 84 Due to the dispute over the signing of a collective contract, if the parties fail to resolve the negotiation, the labor administrative department of the local people's government may organize relevant parties to coordinate and deal with them. Due to the dispute between the performance of the collective contract, if the parties fail to resolve the resolution, they may apply for arbitration to the labor dispute arbitration committee; if they are not convinced of arbitration, they may file a lawsuit with the people's court within 15 days from the date of receiving the arbitration award. Chapter 11 Supervision and Inspection Article 85 The labor administrative departments of people's governments at or above the county level shall supervise and inspect the employers' compliance with labor laws and regulations in accordance with the law. correct. Supervision and inspection
The labor administrative department at all levels at or above the county level to supervise and inspectors to implement official duties, have the right to enter the employer to understand the implementation of labor laws and regulations, check the necessary materials, and treat the labor venue checking. The labor administrative departments of the people's governments at or above the county level supervise and inspectors shall show their documents, and must show their documents to enforce the law and comply with relevant regulations. Article 87 The relevant departments of people's governments at all levels at or above the county level will supervise the employers' abide by labor laws and regulations within their respective responsibilities. Article 88 The unions at all levels to safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the employers to comply with labor laws and regulations. Any organization or individual has the right to report and sue for violations of labor laws and regulations. Chapter 12 of the Law Responsibility Article 89 If the labor rules and regulations formulated by the employer violate the laws and regulations, the labor administrative department shall be warned and ordered to make corrections; if the damage to the workers shall be liable for compensation. Article 90 If the employer violates the provisions of this Law and extend the working hours of the workers, the labor administrative department shall give a warning, order correction, and shall be fined. Article 91 Any employer shall be one of the following situations of infringing the legitimate rights and interests of the workers, shall be ordered by the labor administrative department to order the wages and economic compensation of the workers, and they may order compensation: (1) deduction or arrears of workers for no reason for no reason for no reason. Salary; (2) If the workers are refused to pay the working time and pay for the salary; Compensation. Article 92 If the labor safety facilities and labor and sanitation conditions of the employer do not meet the national regulations or do not provide workers with necessary labor protection products and labor protection facilities, the labor administrative department or relevant departments shall be ordered to make corrections; they may be fined; If the circumstances are serious, the people's governments at or above the county level are requested to decide to be ordered to stop production; if there is no measure for the hidden dangers of the accident to cause a major accident and cause the losses of the life and property of the workers, the responsible persons shall be held criminally responsible in accordance with the relevant provisions of the criminal law. Article 93 The employer has ordered the workers to take risks of violations of regulations and cause major casualties and cause serious consequences. Article 94 Employees who illegally recruit minors under the age of 16 shall be ordered to make corrections shall be ordered by the labor administrative department and shall be fined; if the circumstances are serious, the business license shall be revoked by the industrial and commercial administrative department. Article 95 If the employer violates the protection of female employees and minor workers and infringes its legitimate rights and interests, the labor administrative department shall order correction and impose fines; Compensation liability. Article 96 The employer has one of the following actions, and the public security organs shall be detained, fined or warned by the responsible persons for less than fifteen days. Those who illegally restrict personal freedom forced labor; (2) insult, corporal punishment, beatings, illegal search and detention workers. Article 97 If an invalid contract entered into the employer's reasons, it shall be liable for compensation for damage to the workers. Article 98 If a employer violates the conditions stipulated in the law to terminate the labor contract or deliberately delay the establishment of a labor contract, the labor administrative department shall be ordered to correct; if it causes damage to the workers, it shall bear the liability for compensation. Article 99 If a employer recruits workers who have not yet terminated the labor contract and cause economic losses to the original employer, the employer shall bear the liability for compensation in accordance with the law. Article 100 If the employer does not pay social insurance premiums for no reason, the labor administrative department shall order it to pay for a period of time; if it shall not be paid within the time limit, a late fee may be collected. Article 101 The employer unreasonably obstructs the labor administrative department, relevant departments and their staff to exercise the right to supervise and inspect and crack down on retaliation reporters shall be fined by the labor administrative department or relevant departments; criminal responsibility. Article 102 Labor violates the conditions stipulated in the law to terminate the labor contract or violates the confidentiality matters agreed in the labor contract, and cause economic losses to the employer shall bear the liability for compensation in accordance with the law. Article 103 The staff of the labor administrative department or the relevant departments abuse their powers, neglect their duties, and have the fraud, and constitute a criminal responsibility in accordance with the law; if they do not constitute a crime, they shall be given administrative sanctions. Article 104 The staff of the state staff and the staff of the social insurance fund shall embezzle the social insurance funds and constitute a crime shall be investigated for criminal responsibility in accordance with the law. Article 105 In violation of the provisions of the provisions of this Law to infringe the legitimate rights and interests of workers, other laws and administrative regulations have stipulated punishment, and punishment shall be punished in accordance with the provisions of the laws and administrative regulations. Chapter 13 attached to Article 106 of the provinces, autonomous regions, and municipalities directly under the Central Government. According to the actual situation of this law and the region, it stipulates the implementation steps of the labor contract system and report to the State Council for record. Article 107 This law shall be implemented from January 1, 1995. Note: The Labor Contract Law has been implemented on January 1, 2008. If there is a conflict, the Labor Contract Law shall prevail.

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