BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
The Labour Law of the People's Republic of China which has been adopted
at the Eighth Meeting of the Standing Committee of the Eighth National
People's Congress on July 5, 1994 is promulgated now, and shall enter
into force as of January 1, 1995.
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
labourers, readjust labour relationship, establish and safeguard the
labour 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 labourers who
form a labour relationship with them within the boundary of the Peoples
Republic of China.
State departments, institutional organizations and social groups and
labourers who form a labour relationship with them shall follow this Law.
Article 3 Labourers have the right to be employed on an equal basis,
choose occupations, obtain remunerations for labour, take rests, have
holidays and leaves, receive labour safety and sanitation protection, get
training in professional skills, enjoy social insurance and welfare
treatment, and submit applications for settlement of labour disputes, and
other labour rights stipulated by law.
Labourers shall fulfil their tasks of labour, improve their professional
skills, follow rules on labour safety and sanitation, observe labour
discipline and professional ethics.
Article 4 The employer shall establish and perfect rules and regulations
in accordance with law and guarantee that labourers enjoy labour right
and fulfill labour obligations.
Article 5 The State shall take various measures to promote employment,
develop vocational education, formulate labour standards, regulate social
incomes, perfect social insurance, coordinate labour relationships, and
gradually raise the living level of laborers.
Article 6 The State shall advocate labourers participation in social
voluntary labour, labour competition, and activities of forwarding
rational proposals; encourage and protect labourers in scientific
research, technical renovation, and invention; and commend and award
labour models and advanced workers.
Article 7 Labourers shall have the right to participate in and organize
trade unions in accordance with law.
Trade unions shall represent and safeguard the legitimate rights and
interests of labourers, and stage activities independently in accordance
with law.
Article 8 Labouers 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 labourers.
Article 9 The labour management department under the State Council shall
take charge of the management of labour of the whole country.
Local peoples governments above the county level shall take charge of the
management of labour 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 labourers to organize and employ themselves on a
voluntary basis and to get employed in individual businesses.
Article 11 Local peoples governments at various levels shall take
measures to develop various kinds of job agencies and provide employment
services.
Article 12 Labourers 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 Labour Contracts and Collective Contracts
Article 16 Labour contracts are agreements reached between labourers and
the employer to establish labour relationships and specify the rights,
interests and obligations of each party.
Labour contracts shall be concluded if labour relationships are to be
established.
Article 17 Conclusion and alteration of labour contracts shall follow the
principle of equality, voluntariness, and agreement through consultation.
They shall not run counter to stipulations in laws or administrative
decrees.
Labour contracts shall become legally binding once they are concluded in
accordance with law. The parties involved shall fulfil obligations
stipulated in labour contracts.
Article 18 The following labour contracts shall be invalid;
(1) Labour contracts concluded against laws or administrative decrees;
(2) Labour contracts concluded through cheating, threat, or any other
means.
Invalid labour contracts shall not be legally binding from the very
beginning of their conclusion. If a labour 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 labour contract shall be confirmed by a labour
dispute arbitration committee or a peoples court.
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