Labor Law Of The People'S Republic Of China

Article 1 this law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, to adjust labor relations, to establish and maintain a labor system suited to the socialist market economy, and to promote economic development and social progress.

The second law is applicable to enterprises and individual economic organizations (hereinafter referred to as employing units) and laborers who form labor relations with them in People's Republic of China.

State organs, institutions, social organizations and laborers who establish labor contract relations with them shall be implemented in accordance with this law.

The third workers enjoy equal employment and occupation rights, the right to obtain remuneration for labor, 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, the right to handle labor disputes and other labor rights prescribed by law.

Labourers should complete their labor tasks, improve their vocational skills, carry out labor safety and hygiene regulations, and observe labour discipline and professional ethics.

The fourth employing units shall establish and improve rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill their labor obligations.

The fifth countries take various measures to promote employment, develop vocational education, formulate labor standards, regulate social incomes, improve social insurance, coordinate labor relations, and gradually improve the living standard of labourers.

The sixth countries advocate workers to participate in social voluntary labor, carry out labor competition and rationalization proposals, encourage and protect laborers for scientific research, technological innovation and invention creation, and commend and reward model workers and advanced workers.

Seventh workers have the right to participate and organize trade unions in accordance with the law.

The trade union represents and maintains the legitimate rights and interests of labourers, and develops activities independently and independently according to law.

The eighth workers, in accordance with the law, participate in democratic management through the workers' Congress, workers' Congress or other forms, or conduct equal consultation with the employing units on the protection of the legitimate rights and interests of workers.

Ninth the labor administrative department of the State Council shall be in charge of labor work throughout the country.

The labor administrative departments of the local people's governments at or above the county level are in charge of labor work in their respective administrative areas.

The tenth countries create employment conditions and expand employment opportunities by promoting economic and social development.

The State encourages enterprises, institutions and social organizations to set up industries or expand operations and increase employment within the scope prescribed by laws and administrative regulations.

The State supports workers to voluntarily organize employment and engage in self employment to achieve employment.

Eleventh local people's governments at various levels should take measures to develop various types of employment agencies and provide employment services.

The twelfth workers are not discriminated against because of ethnic, racial, gender and religious beliefs.

Thirteenth women enjoy equal employment rights with men.

When hiring workers, they shall not refuse to employ women on the grounds of gender, or raise the employment standards for women, except for jobs or jobs that are not suitable for women in the state.

The provisions of laws and regulations specifically stipulate the employment of fourteenth disabled persons, ethnic minority personnel and soldiers who are retired from active service.

The fifteenth prohibit employing units to recruit minors under the age of 16.

Art, sports and special craft units recruit minors under the age of 16, and must comply with the relevant provisions of the state, fulfill the examination and approval procedures, and guarantee their right to receive compulsory education.

The sixteenth labor contract is the agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties.

A labor contract should be concluded when establishing labor relations.

Seventeenth, the conclusion and modification of labor contracts shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

Labor contracts are legally binding in accordance with law, and the parties must fulfill their obligations stipulated in the labor contract.

Eighteenth the following labor contracts are invalid:

(1) labor contracts violating laws and administrative regulations;

(two) labor contracts concluded by means of fraud and threat.

An invalid labor contract is not legally binding from the time it is concluded.

If the labor contract is partially invalid, the remaining part will remain valid if it does not affect the validity of the rest.

The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.

The nineteenth labor contract shall be concluded in writing and shall have the following clauses:

(1) the term of the labor contract;

(two) work content;

(three) labor protection and working conditions;

(four) labor remuneration;

(five) labor discipline;

(six) conditions for termination of the labor contract;

(seven) responsibility for violating the labor contract.

In addition to the essential provisions stipulated in the preceding paragraph, the parties concerned may agree on other contents through negotiation.

The duration of the twentieth labor contracts can be divided into fixed periods, no fixed deadlines and time limit for completing certain jobs.

If a worker has been working for the same employer for more than ten years, if the parties agree to renew the labor contract, if the worker proposes to conclude a labor contract with no fixed term, the labor contract with no fixed term should be concluded.

Twenty-first labor contracts can be agreed on probation period.

The longest probation period should not exceed six months.

Twenty-second parties to a labor contract may agree on matters relating to the protection of the employer's business secrets in the labor contract.

If the twenty-third labor contract expires or the conditions for termination of the labor contract stipulated by the parties appear, the labor contract will be terminated.

Article twenty-fourth the labor contract can be terminated through the consensus of the parties in the labor contract.

Twenty-fifth of the following situations, the employer may rescind the labor contract:

(1) during the probation period, it is proved that it does not meet the employment requirements;

(two) serious violation of labor discipline or rules and regulations of employing units;

(three) serious dereliction of duty, malpractice, and serious harm to the interests of the employer;

(four) be investigated for criminal responsibility according to law.

Article twenty-sixth the employer may rescind the labor contract in any of the following circumstances, but he shall notify the worker himself in writing 30 days in advance.

(1) if a worker is ill or is not injured by a worker, after the expiration of the medical period, he can not engage in the original work or engage in a separate job arranged by the employer.

(two) workers are not competent, after training or adjusting their jobs, they are still unable to work.

(three) significant changes have taken place in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the original labor contract to be fulfilled, and no agreement on changing the labor contract can be reached after consultation by the parties concerned.

Twenty-seventh when the employing unit is on the verge of bankruptcy, during the period of statutory rectification or serious difficulties in production and operation, it is necessary to lay down personnel for thirty days. Explain the situation to the trade union or all the staff members in advance, and listen to the opinions of the trade unions or workers.

If the employing units reduce personnel according to the provisions of this article, those who employ them within six months shall give priority to those who have been laid off.

The twenty-eighth employer shall, in accordance with the provisions of the twenty-fourth, twenty-sixth and twenty-seventh provisions of this law, rescind the labor contract, and shall make economic compensation in accordance with the relevant provisions of the state.

Twenty-ninth of the following cases, the employer shall not terminate the labor contract in accordance with the provisions of the twenty-sixth and twenty-seventh articles of this Law:

(1) suffering from occupational diseases or being injured by work or being recognized or partially disabled.

(two) illness or injury, within the prescribed medical period;

(three) female workers during pregnancy, childbirth, and lactation;

(four) other circumstances stipulated by laws and administrative regulations.

If the thirtieth party terminates the labor contract, the trade union considers it inappropriate and has the right to make an opinion.

If the employing unit violates laws, regulations or labor contracts, the trade union has the right to ask for a reconsideration. If the worker applies for arbitration or raises a lawsuit, the trade union shall give support and assistance in accordance with the law.

The thirty-first worker shall terminate the labor contract thirty days ahead of time, and notify the employing unit in writing.

Thirty-second in any of the following circumstances, the worker may notify the employer of the termination of the labor contract at any time:

(1) during the probation period;

(two) 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 labor conditions in accordance with the labor contract.

Thirty-third party members and enterprises can sign collective contracts on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits and so on.

The draft collective contract shall be submitted to the staff congress or all staff members for discussion and approval.

A collective contract is signed by a trade union on behalf of the staff and workers, and an enterprise without a trade union is signed by the representatives elected by the staff and workers.

The thirty-fourth collective contract shall be submitted to the labor administrative department after signing the contract; the labor administrative department shall not enter into a dispute within 15 days from the date of receiving the collective contract text, and the collective contract will become effective.

The thirty-fifth collective contracts signed according to law are binding on all employees of enterprises and enterprises.

The standard of labor and labor remuneration in the labor contract concluded between employees and enterprises shall not be lower than those stipulated in collective contracts.

The thirty-sixth country implements a working hour system with workers working at no more than 8 hours per day and with an average working time of not more than 44 hours per week.

Thirty-seventh, for a laborer who performs piecework work, the employing unit shall reasonably determine its labor quota and piecework remuneration according to the working hour system stipulated in the thirty-sixth provision of this law.

The thirty-eighth employer should ensure that workers have at least one day off a week.

The thirty-ninth enterprise can not implement the thirty-sixth and thirty-eighth provisions of this law because of the characteristics of production. With the approval of the labor administrative department, other work and rest methods can be implemented.

The fortieth employer shall arrange for workers to take leave in accordance with the law during the following festivals:

(1) new year's day;

(two) Spring Festival;

(three) International Labour Day;

(four) National Day;

(five) other holiday holidays prescribed by laws and regulations.

The forty-first employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation. They may not exceed one hour per day. For special reasons, the extension of working hours should not be more than three hours per day, but not more than 36 hours per month.

Forty-second in any of the following circumstances, the extension of working hours shall not be restricted by the forty-first provision of this Law:

(1) there is an urgent need to deal with natural disasters, accidents or threats to the health and safety of workers for other reasons.

(two) failure of production equipment, pportation lines and public facilities, which affects production and public interests, must be promptly repaired.

(three) other circumstances stipulated by laws and administrative regulations.

Forty-third