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1、【精品文档】如有侵权，请联系网站删除，仅供学习与交流中国劳动法英文版.精品文档.LABOUR LAW OF THE PEOPLES REPUBLIC OF CHINAISSUED: Adopted at he Eighth Meeting of the Standing Committee of the Eighth National Peoples Congress on July 5, 1994, promulgated by Order No.28 of the President of the Peoples Republic of China on July 5, 1994, and
2、 effective as of January 1, 1995ContentsChapter 1 General ProvisionsChapter 2 Promotion of EmploymentChapter 3 Labour Contracts and Collective ContractsChapter 4 Working Hours, Rests and LeavesChapter 5 WagesChapter 6 Labour Safety and SanitationChapter 7 Special Protection for Female Staff and Work
3、ers and Juvenile WorkersChapter 8 Vocational TrainingChapter 9 Social Insurance and WelfareChapter 10 Labour DisputesChapter 11 Supervision and InspectionChapter 12 Legal ResponsibilitiesChapter 13 Supplementary ProvisionsChapter 1 General ProvisionsArticle 1 This Law is hereby formulated in accorda
4、nce 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
5、, individually-owned economic organisations (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 organisations and social groups and labourers who form a labour relations
6、hip 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 insur
7、ance 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 e
8、thics.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 s
9、tandards, regulate social incomes, perfect social insurance, coordinate labour relationships, and gradually raise the living level of labourers.Article 6 The State shall advocate labourers participation in social voluntary labour, labour competition, and activities of forwarding rational proposals;
10、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
11、 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
12、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 man
13、agement of labour in areas under their jurisdiction.Chapter 2 Promotion of EmploymentArticle10 The State shall create employment conditions and expand employment opportunities through promotion of economic and social development.The State shall encourage enterprises, institutional organisations, and
14、 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 busi
15、nesses.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 s
16、hall 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 standard
17、s 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, s
18、ports 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 ContractsArt
19、icle 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
20、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 involv
21、ed 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 b
22、e 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
23、 dispute arbitration committee or a peoples court.Article 19 Labour contracts shall be concluded in written form and contain the following clauses:(1) Time limit of the labour contract;(2) Content of work;(3) Labour protection and labour conditions;(4) Labour remunerations;(5) Labour disciplines;(6)
24、 Conditions for the termination of the labour contract;(7) Liabilities for violations of the labour contract.Apart from the necessary clauses specified in the preceding clause, the parties involved can include in their labour contracts other contents agreed upon by them through consultation.Article
25、20 The time limits of labour contracts shall be divided into fixed and flexible time limits and time limits for the completion of certain amount of work.Labour contracts with flexible time limits shall be concluded between the labourers and the employer if the former request for the conclusion of la
26、bour 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 labour contracts. These probation periods shall not, howe
27、ver, exceed six months at the longest.Article 22 The parties involved in a labour contract can reach agreements in their labour contracts on matters concerning the keeping of the commercial secrets of the employer.Article 23 Labour contracts shall terminate upon the expiration of their time limits o
28、r the occurrence of the conditions agreed upon in labour contracts by the parties involved for terminating these contracts.Article 24 Labour contracts can be revoked with agreement reached between the parties involved through consultation.Article 25 The employer can revoke labour contracts should an
29、y one of the following cases occur with its labourers:(1) When they are proved during probation periods to be unqualified for employment;(2) When they seriously violate labour disciplines or the rules or regulations of the employer;(3) When they cause great losses to the employer due to serious dere
30、liction 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 labour contracts should any one of the following cases occur, with its labourers to be notified, in written form, of
31、 such revocation in 30 days advance:(1) The labourers 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 labourers are incompetent at their jobs and re
32、main as so even after training or after readjusting the work posts;(3) No agreements on a alteration of labour 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
33、 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 sit
34、uation 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 labour administrative department before it makes such cuts.If the employer cuts its staff according to stipulations in this Article and then seeks recruits
35、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 labour contracts according to stipulations in Article 24, Article 26 and Article 27 of this Law.Article 29 The empl
36、oyer shall not revoke labour contracts in accordance with stipulations in Article 26 and Article 27 of this Law should any one of the following cases occur with its labourers:(1) Those who are confirmed to have totally or partially lost their labour ability due to occupational diseases or work-relat
37、ed 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 ai
38、r its opinions if it regards as inappropriate the revocation of a labour contract by the employer. If the employer violates laws, regulations or labour contracts, its trade union shall have the right to ask for handling the case anew. If labourers apply for arbitration or raise lawsuits, the trade u
39、nion shall render support and help in accordance with law.Article 31 Labourers planning to revoke labour contracts shall give a written notice to their employer in 30 days advance. Article 32 Labourers can notify, at any time, their employer of their decision to revoke labour contracts in any one of
40、 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 labour remunerations or to provide labour conditions as agre
41、ed upon in labour contracts.Article 33 The employees of an enterprise as one party may conclude a collective contract with the enterprise as another party on labour renumerations, work hours, rests and leaves, labour safety and sanitation, insurance, welfare treatment, and other matters.The draft co
42、llective 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 c
43、ontracts shall be signed by and between representatives recommended by workers and the enterprise.Article 34 Labour contracts shall be reported to labour administrative departments after their conclusion. Labour contracts shall take effect automatically if no objections are raised by these labour ad
44、ministrative departments within 15 days after they are received.Article 35 Labour contracts concluded in accordance with law shall he binding on both the enterprise and all of its employees. The standards on labour conditions and labour payments agreed upon in labour contracts concluded between indi
45、vidual labourers and their enterprises shall not be lower than those stipulated in collective contracts.Chapter 4 Working Hours, Rests, and LeavesArticle 36 The State shall practise a working hour system wherein labourers shall work for no more than eight hours a day and no more than 44 hours a week
46、 on the average.Article 37 In case of labourers 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
47、 labourers 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 labour administrative departments.Article
48、 40 The employer shall arrange rests for labourers in accordance with law during the following holidays:(1) The New Years Day;(2) The Spring Festival;(3) The International Labour Day;(4) The National Day;(5) Other holidays stipulated by laws and regulations.Article 41 The employer can prolong work h
49、ours due to needs of production or businesses after consultation with its trade union and labourers. 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 labourers is guaranteed. The