Labor law of the people's Republic of China
(Date of Issue: 1994-7-5)
Presidential Decree No.28
65438+1Adopted at the Eighth Session of the Standing Committee of the Eighth NPC on July 5, 1994.
Chapter I General Principles
Chapter II Promoting Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours and Rest and Vacation
Chapter V Working Capital
Chapter VI Labor Safety and Health
Chapter VII Special Protection for Female Workers and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter II XI Supervision and Inspection
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.
Article 2 This Law is applicable to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC).
State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law.
Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law. Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.
Article 4 The employing unit shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and perform their labor obligations.
Article 5 The state adopts various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.
Article 6 The state encourages laborers to take part in social voluntary labor, carry out labor competitions and make reasonable suggestions, encourage and protect laborers to carry out scientific research, technological innovation and inventions, and commend and reward model workers and advanced workers.
Article 7 Laborers have the right to join and organize trade unions according to law. Trade unions represent and safeguard the legitimate rights and interests of workers and carry out activities independently according to law.
Article 8 Laborers shall participate in democratic management in accordance with the law or hold equal consultations with employers on safeguarding the legitimate rights and interests of workers through staff meetings, staff congresses or other forms.
Article 9 The labor administrative department of the State Council is in charge of national labor work. The labor administrative departments of local people's governments at or above the county level shall be in charge of labor work within their respective administrative areas.
Chapter II Promoting Employment
Article 10 The State creates employment conditions and expands employment opportunities by promoting economic and social development. The state encourages enterprises, institutions and social organizations to set up industries or expand their operations within the scope prescribed by laws and administrative regulations to increase employment. The state supports laborers to organize themselves voluntarily for employment and engage in self-employment to achieve employment.
Eleventh local people's governments at all levels should take measures to develop various kinds of employment agencies and provide employment services.
Article 12 Laborers are not discriminated against by nationality, race, sex and religious belief.
Article 13 Women enjoy equal employment rights with men. When hiring employees, except for jobs or posts that are not suitable for women as stipulated by the state, women shall not be refused employment or the employment standards for women shall be raised on the grounds of gender.
Article 14 Where laws and regulations have special provisions on the employment of disabled persons, ethnic minority personnel and servicemen discharged from active service, those provisions shall prevail.
Article 15 Employers are prohibited from recruiting minors under the age of 16.
Units of literature, art, sports and special arts and crafts that recruit minors under the age of 16 must go through the examination and approval procedures in accordance with the relevant provisions of the state and guarantee their right to receive compulsory education.
Chapter III Labor Contracts and Collective Contracts
Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Article 18 The following labor contracts are invalid:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
Article 19 A labor contract shall be concluded in written form and contain the following clauses:
(a) the term of the labor contract;
(2) Work content;
(3) Labor protection and working conditions;
(4) Labor remuneration;
(5) labor discipline;
(6) Conditions for the termination of the labor contract;
(seven) the responsibility for violating the labor contract.
In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.
Article 20 The term of a labor contract can be divided into fixed term, non-fixed term and completion of certain work as the term. If the employee has worked in the same employer continuously for more than ten years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.
Article 21 A labor contract may stipulate a probation period. The probation period is no longer than six months.
Article 22 The parties to a labor contract may agree in the labor contract on matters related to keeping the business secrets of the employing unit.
Article 23 A labor contract shall be terminated when it expires or the termination conditions agreed by the parties appear.
Article 24 A labor contract may be dissolved after the parties to the labor contract reach an agreement through consultation.
Twenty-fifth workers in any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:
(1) The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other jobs arranged by the employer;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.
Article 27 If it is really necessary for the employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department before it can reduce its staff. If the employing unit reduces its staff in accordance with the provisions of this article and employs the laid-off staff within six months, it shall give priority to the laid-off staff.
Article 28 If the employing unit terminates the labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the state.
Article 29 Under any of the following circumstances, the employing unit may not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(3) Female employees during pregnancy, childbirth and lactation;
(4) Other circumstances stipulated by laws and administrative regulations.
Thirtieth the employer to terminate the labor contract, the trade union considers it inappropriate, have the right to put forward opinions. If the employing unit violates laws, regulations or labor contracts, the trade union has the right to request re-handling; If a laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.
Article 31 A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.
Article 32 Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
(1) is in the probation period;
(2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;
(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
Article 33 employees of an enterprise may sign collective contracts with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption.
Collective contracts are signed by trade unions on behalf of employees and enterprises; Enterprises that have not established trade unions shall be signed by the representatives elected by the employees.
Thirty-fourth collective contracts shall be submitted to the labor administrative department after signing; If the labor administrative department does not raise any objection within fifteen days from the date of receiving the text of the collective contract, the collective contract will take effect.
Thirty-fifth collective contracts signed according to law are binding on enterprises and all employees of enterprises. The working conditions and remuneration standards in the labor contract concluded between individual employees and enterprises shall not be lower than those stipulated in the collective contract.
Chapter IV Working Hours and Rest and Vacation
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.
Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(five) other holidays as prescribed by laws and regulations.
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Article 42 Under any of the following circumstances, the extension of working hours is not restricted by Article 41 of this Law:
(a) the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, and requiring emergency treatment;
(two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;
(3) Other circumstances stipulated by laws and administrative regulations.
Article 43 An employing unit shall not extend the working hours of laborers in violation of the provisions of this Law.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Article 45 The State practices the system of paid annual leave.
Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Chapter V Working Capital
Forty-sixth wage distribution should follow the principle of distribution according to work and implement equal pay for equal work. The wage level is gradually raised on the basis of economic development. The state exercises macro-control over the total wages.
Article 47 The employing unit shall independently determine the wage distribution mode and wage level of the unit according to its production and operation characteristics and economic benefits.
Article 48 The State implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage.
Forty-ninth to determine and adjust the minimum wage standard should comprehensively refer to the following factors:
(a) the minimum living expenses of the workers themselves and the average dependent population;
(2) the average social wage level;
(3) labor productivity;
(4) Employment status;
(5) The difference of economic development level among regions.
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Article 51 During legal holidays, wedding and funeral leave and participation in social activities according to law, the employing unit shall pay wages according to law.
Chapter VI Labor Safety and Health
Article 52 The employing unit must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, educate workers on labor safety and health, prevent accidents in the labor process and reduce occupational hazards.
Fifty-third labor safety and health facilities must meet the standards prescribed by the state.
The labor safety and health facilities of new construction, reconstruction and expansion projects must be designed, constructed and put into production and use at the same time as the main project.
Article 54 The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in operations with occupational hazards shall undergo regular health examinations.
Article 55 Laborers engaged in special operations must receive special training and obtain special operation qualifications.
Article 56 Laborers must strictly abide by the safety operation rules in the process of working. Workers have the right to refuse the illegal command and forced risky operation of the management personnel of the employer; Have the right to criticize, report and accuse acts that endanger life safety and health.
Article 57 The State establishes a statistical reporting and handling system for casualty accidents and occupational diseases. The labor administrative departments of the people's governments at or above the county level, the relevant departments and the employing units shall make statistics, report and deal with the casualties and occupational diseases of workers in the process of labor according to law.
Chapter VII Special Protection for Female Workers and Juvenile Workers
Article 58 The State applies special labor protection to female workers and underage workers.
Juvenile workers refer to workers who have reached the age of 16 but not 18.
Article 59 It is forbidden to arrange female workers to engage in underground work, work with the fourth level of physical labor intensity stipulated by the state, and other jobs that are taboo.
Article 60 Female workers shall not be arranged to engage in high altitude, low temperature, cold water operation or the third-level physical labor intensity stipulated by the state during menstrual period.
Sixty-first female workers shall not be arranged to engage in the third-level physical labor intensity stipulated by the state or the labor that is forbidden during pregnancy. Female workers who have been pregnant for more than seven months shall not be arranged to extend their working hours or work at night.
Article 62 Female employees shall enjoy maternity leave of not less than 90 days.
Sixty-third female workers shall not be arranged to engage in other jobs with the third-level physical labor intensity stipulated by the state and taboo during lactation, and shall not be arranged to extend their working hours and work at night.
Article 64 underage workers shall not be arranged to engage in underground, toxic and harmful labor with the fourth level of physical labor intensity stipulated by the state and other jobs that are forbidden.
Article 65 The employing unit shall conduct regular health check-ups for underage workers.
Chapter VIII Vocational Training
Article 66 The state adopts various measures through various channels to develop vocational training, develop the vocational skills of laborers, improve their quality and enhance their employability and working ability.
Article 67 People's governments at all levels shall incorporate the development of vocational training into their social and economic development plans, and encourage and support qualified enterprises, institutions, social organizations and individuals to carry out various forms of vocational training.
Article 68 The employing unit shall establish a vocational training system, draw and use vocational training funds in accordance with the provisions of the state, and conduct vocational training for workers in a planned way according to the actual situation of the unit. Workers engaged in technical jobs must receive training before taking up their posts.
Article 69 The state determines the classification of occupations, formulates the standards of vocational skills for specific occupations, and implements the system of vocational qualification certificates. The assessment and appraisal institutions approved by the government are responsible for the assessment and appraisal of workers' vocational skills.
Chapter IX Social Insurance and Welfare
Article 70 The state develops social insurance undertakings and establishes social insurance systems and social insurance funds, so that workers can get help and compensation in old age, illness, work injury, unemployment and childbirth.
Article 71 The level of social insurance should be compatible with the level of social and economic development and social affordability.
Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) Being sick or injured;
(3) Being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time.
Seventy-fourth social insurance fund agencies shall manage and operate social insurance funds according to law, and be responsible for maintaining and increasing the value of social insurance funds. Social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds according to law. The establishment and responsibilities of social insurance fund handling institutions and social insurance fund supervision institutions shall be prescribed by law. No organization or individual may misappropriate social insurance funds.
Article 75 The State encourages employers to establish supplementary insurance for workers according to actual conditions. The state encourages self-employed workers to participate in savings insurance.
Article 76 The state develops social welfare undertakings and builds public welfare facilities to provide conditions for laborers to rest, recuperate and recuperate. The employing unit shall create conditions to improve the collective welfare and the welfare treatment of workers.
Chapter X Labor Disputes
Article 77 In case of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation. The principle of mediation applies to arbitration and litigation procedures.
Article 78 The handling of labor disputes shall follow the principles of legality, fairness and timeliness, and safeguard the legitimate rights and interests of the parties to labor disputes according to law.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 80 A labor dispute mediation committee may be established within the employing unit. The labor dispute mediation committee consists of workers, employers and trade union representatives. The director of the labor dispute mediation committee shall be a trade union representative. If an agreement is reached through mediation in a labor dispute, the parties concerned shall perform it.
Article 81 A labor dispute arbitration committee consists of representatives from the labor administrative department, the trade union at the same level and the employing unit. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department.
Article 82 The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.
Article 83 If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.
Article 84 In the event of a dispute arising from the signing of a collective contract, if the parties fail to resolve it through consultation, the labor administrative department of the local people's government may organize the relevant parties to coordinate and handle it. Disputes arising from the performance of the collective contract, if the parties fail to resolve through consultation, may apply to the labor dispute arbitration committee for arbitration; If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
Chapter II XI Supervision and Inspection
Article 85 The labor administrative department of the people's government at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations according to law, and have the right to stop the violation of labor laws and regulations and order it to make corrections.
Article 86 Supervisors and inspectors of the labor administrative departments of the people's governments at or above the county level have the right to enter the employing units to learn about the implementation of labor laws and regulations, consult necessary materials and inspect workplaces.
When performing official duties, the supervision and inspection personnel of the labor administrative department of the people's government at or above the county level must produce their certificates, enforce the law impartially and abide by the relevant provisions.
Article 87 The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, supervise the employers' compliance with labor laws and regulations.
Article 88 Trade unions at all levels shall safeguard the legitimate rights and interests of workers according to law and supervise the employers' compliance with labor laws and regulations. Any organization or individual has the right to report and accuse violations of labor laws and regulations.
Chapter XII Legal Liability
Article 89 If the labor rules and regulations formulated by the employing unit violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 90 If an employing unit violates the provisions of this Law and extends the working hours of laborers, the labor administrative department shall give it a warning, order it to make corrections, and may impose a fine.
Article 91 Where an employing unit infringes upon the lawful rights and interests of workers, in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.
Article 92 If the employer's labor safety facilities and labor hygiene conditions do not meet the national requirements or fail to provide necessary labor protection articles and labor protection facilities to the workers, the labor administrative department or relevant departments shall order it to make corrections and may impose a fine; If the circumstances are serious, it shall be submitted to the people's government at or above the county level for decision to suspend production for rectification; If no measures are taken against hidden dangers of accidents, resulting in serious accidents and loss of life and property of employees, the criminal responsibility of the responsible personnel shall be investigated by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
Article 93 If an employing unit forces laborers to take risks in violation of regulations, resulting in heavy casualties and serious consequences, the responsible person shall be investigated for criminal responsibility according to law.
Article 94 If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.
Article 95 If an employing unit violates the provisions of this Law on the protection of female workers and underage workers and infringes upon their legitimate rights and interests, the labor administrative department shall order it to make corrections and impose a fine; Those who cause damage to female workers or underage workers shall be liable for compensation.
Article 96 If an employing unit commits any of the following acts, the public security organ shall impose a detention, fine or warning on the responsible person for not more than 15 days; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law:
(a) forced labor by means of violence, threat or illegal restriction of personal freedom;
(2) Insulting, physically punishing, beating, illegally searching or detaining laborers.
Article 97 If an invalid contract is concluded due to the employer's reasons, thus causing damage to the laborer, he shall be liable for compensation.
Article 98 If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 99 If an employing unit recruits workers whose labor contracts have not been terminated, thus causing economic losses to the original employing unit, it shall be jointly and severally liable for compensation according to law.
Article 100 If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit. If it fails to pay within the time limit, it may impose a late fee.
Article 101 Where an employing unit unreasonably obstructs the labor administrative department, relevant departments and their staff from exercising their supervision and inspection rights and retaliates against informants, the labor administrative department or relevant departments shall impose a fine; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law.
Article 102 If a laborer terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, thus causing economic losses to the employing unit, he shall be liable for compensation according to law.
Article 103 If any staff member of the labor administrative department or other relevant departments abuses his power, neglects his duty or engages in malpractices for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.
Article 104 State functionaries and staff of social insurance fund agencies who misappropriate social insurance funds, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 105 Where a violation of the provisions of this Law infringes upon the legitimate rights and interests of laborers, and other laws and regulations have already provided for punishment, the provisions of relevant laws and administrative regulations shall prevail.
Prescribed punishment.
Chapter XIII Supplementary Provisions
Article 106 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with this Law and the actual conditions in their respective regions, stipulate the implementation steps of the labor contract system and report them to the State Council for the record.
Article 107 This Law shall come into force on June 1995 10/day, 2006.