China
Labour Law of the People's Republic of China
Translated by
the Legislative Affairs Commission of
the Standing Committee Of
the National People's Congress of
the People's Republic of China
Order of the
President of
the People's Republic of China
No.28
The Labour Law of the People's Republic of China,
adopted
at the Eighth Meeting of the Standing Committee of the Eighth
National People's Congress of the People's Republic of China on
July 5, 1994, is hereby promulgated and shall enter into force
as of January 1, 1995.
Jiang Zemin
President of the People's Republic of
China
July 5, 1994
LABOUR LAW OF: THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Eighth Meeting of the Standing Committee of the
Eighth National People's Congress on July 5, 1994, promulgated
by Order No. 28 of the President of the People's Republic of
China, and effEctive as of January 1, 1995)
Contents
Chapter
I
General Provisions
Chapter
II
Promotion of Employment
Chapter
III
Labour Contracts and Collective
Contracts
Chapter
IV
Working Hours Rest and Vaca
tions
Chapter
V
Wages
Chapter
VI
Occupational Safety and Health
Chapter
VII
Special Protection for Female and
Juvenile Workers
Chapter
VIII
Vocational Training
Chapter
IX
Social Insurance and Welfare
Chapter
X
Labour Disputes
Chapter
XI
Supervision and Inspection
Chapter
XII
Legal Responsibility
Chapter
XIII
Supplementary Provisions
Chapter I: General Provisions
Article 1 This Law is formulated in accordance with the
Constitution in order to protect the legitimate rights and
interests of labourers, readjust labour relationship, establish
and safeguard a labour system suited to the socialist market
economy, and promote economic development and social progress.
Article 2 This Law applies to all enterprises and
individual
economic organizations (hereinafter referred to as employing
units) within the boundary of the People's Republic of China and
labourers who form a labour relationship therewith.
State organs, institutional organizations and societies
as
well as labourers who form a labour contract relationship
therewith shall follow this Law.
Article 3 Labourers shall have the right to be employed
on
an equal basis,choose occupations, obtain remuneration for their
labour, take rest, have holidays and leaves, obtain protection
of occupational safety and health, receive training in vocational
skills, enjoy social insurance and welfare, and submit
applications for settlement of labour disputes, and other rights
relating to labour as stipulated by law.
Labourers shall fulfill their labour tasks, improve
their
vocational skills, follow rules on occupational safety and
health, and observe labour discipline and professional ethics.
Article 4 The employing units shall establish and
perfect
rules and regulations in accordance with the law so as to ensure
that labourers enjoy the right to work and fulfill labour
obligations
Article 5 The State shall take various measures to
promote
employment, develop vocational education, lay down labour
standards, regulate social incomes, perfect social insurance
system, coordinate labour relationship, and gradually raise the
living standard of labourers.
Article 6 The State shall advocate the participation of
labourers in social voluntary labour and the development of their
labour competitions and activities of forwarding rational
proposals, encourage and protect the scientific research and
technical renovation engaged by labourers, as well as their
inventions and creations; 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 the law.
Trade unions shall represent and safeguard the
legitimate
rights and interests of labourers, and independently conduct
their activities in accordance with the law.
Article 8 Labourers shall, through the assembly of
staff and
workers or their congress, or other forms in accordance with the
provisions of laws, rules and regulations, take part in
democratic management or consult with the employing units on an
equal footing about protection of the legitimate rights and
interests of labourers.
Article 9 The labour administrative department of the
State
Council shall be in charge of the management of labour of the
whole country.
The labour administrative departments of the local
people's
governments at or above the county level shall be in charge of
the management of labour in the administrative areas under their
respective jurisdiction.
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Chapter VI: Occupational Safety and Health
Article 52 The employing unit must establish and
perfect the
system for occupational safety and health. strictly implement the
rules and standards of the State on occupational safety and
health, educate labourers on occupational safety and health,
prevent accidents in the process of work, and reduce
occupational hazards.
Article 53 Facilities of occupational safety and health
must
meet the standards stipulated by the State.
Facilities of occupational safety and health installed
in
new projects and projects to be rebuilt or expanded must be
designed, constructed and put into operation and use at the same
time as the main projects.
Article 54 The employing unit must provide labourers
with occupational safety and health conditions conforming to
the provisions of the State and necessary articles of labour
protection, and provide regular health examination for labourers
engaged in work with occupational hazards.
Article 55 Labourers to be engaged in specialized
operations
must receive specialized training and acquire qualifications for
such special operations.
Article 56 Labourers must strictly abide by rules of
safe
operation in the process of their work.
Labourers shall have the right to refuse to operate if
the
management personnel of the employing unit command the operation
in violation of rules and regulations or force labourers to run
risks in operation; labourers shall have the right to criticize,
report or file charges against the acts endangering the safety
of their life and health.
Article 57 The State shall establish a system for the
statistics, reports and dispositions of accidents of injuries and
deaths, and cases of occupational diseases. The labour
administrative departments and other relevant departments of the
people's governments at or above the county level and the
employing unit shall, according to law, compile statistics,
report and dispose of accidents of injuries and deaths that
occurred in the process of their work and cases of occupational
diseases.
The International Labour Organization is a United Nations specialized agency.