Administrative Penalties For Violating The Labour Law Of The People'S Republic Of China

Article 1 in order to ensure the implementation of the labor law and punish the act violating the labor law according to law, these measures are formulated in accordance with the relevant legal responsibilities of the labor law of the People's Republic of China.

The second labor administrative departments of the people's governments at or above the county level (hereinafter referred to as the labor administrative departments) shall supervise and inspect the compliance with labor laws and regulations in accordance with the law in accordance with the law.

The third labor rules and regulations formulated by the employing units violate the provisions of laws and regulations. They should be given a warning and ordered to make corrections within a prescribed time limit.

Article fourth if the employing unit fails to negotiate with the trade union and the laborers, forcing the laborers to extend their working hours, they shall be given a warning and ordered to make corrections. They may also be punished according to the standard of each worker for an hour extension of working hours and a fine of less than one hundred yuan.

Fifth employers should extend their work hours more than three hours per day or extend their working hours for more than thirty-six hours per month. They should be warned and ordered to make corrections. They can also be punished by a standard of one hundred yuan per worker for each hour exceeding the working time.

Article sixth: if the employer has one of the following acts that infringe upon the legitimate rights and interests of the laborer, he shall be ordered to pay wages and financial compensation for the laborers, and he may be ordered to pay the workers' compensation according to the equivalent of the wages paid by the laborers and the sum of the total economic compensation for one to five times:

(1) deduction or undue arrears of wages for laborers;

(two) refuse to pay wages for workers to extend their working hours.

(three) pay wages for workers below the local minimum wage standard;

(four) after the termination of the labor contract, the laborers are not compensated in accordance with the laws and regulations.

The employer shall be ordered to pay the laborers' economic compensation in accordance with the relevant provisions.

The seventh labor safety facilities and labor hygiene conditions of the employing units do not meet the requirements of the state, and shall be ordered to be corrected within a specified time. If the overdue period is not changed, a fine of not more than fifty thousand yuan shall be imposed.

If the employer violates the regulations and causes acute poisoning accidents or casualties, he shall be ordered to make rectification measures, and may be punished by a standard of ten thousand yuan or less for each worker who is poisoned or seriously injured or killed. If the circumstances are serious, the people's government at the same level shall decide to suspend production for rectification.

If the employer conceals, delays or falsely reports the occurrence of acute poisoning or casualty, and intentionally destroys or forges the scene of the accident, it shall be ordered to make corrections and may impose a fine of not more than twenty thousand yuan.

Eighth labor safety and health facilities for new construction, reconstruction, expansion and technical pformation of the employer can not be designed, constructed and put into production and use at the same time as the main works. The safety and health facilities do not conform to the national standards. They should be ordered to be corrected and fined below fifty thousand yuan.

The ninth employer does not provide laborers with the necessary labor protection articles and labor protection facilities, or does not regularly inspect the body of workers engaged in occupational hazards. It shall be ordered to make corrections and may be fined not more than five thousand yuan.

If the tenth boiler or pressure vessel of an employer runs without a permit, or fails to carry out regular inspection, it shall be ordered to stop operation or seal up the equipment and impose a fine of not more than ten thousand yuan.

If there is an accident hidden danger in the boiler pressure vessel of the employer, it shall be ordered to make corrections within a specified time. If the overdue period is not changed, it shall be ordered to cease operation, the use certificate shall be recovered, and a fine of less than ten thousand yuan shall be imposed.

The unit's pressure piping, lifting appliances, elevators, passenger aerial ropeways, motor vehicles and other special equipment are not subject to periodic inspection or safety certification. They shall be ordered to make corrections and may be fined not more than ten thousand yuan.

The eleventh employer illegally recruits minors under the age of sixteen should be ordered to make corrections and impose a fine according to the relevant regulations of the state.

Article twelfth: if the employing unit has one of the following violations of the lawful rights and interests of female employees and underage workers, they shall be ordered to make corrections and punished according to the standard of each female worker or underage worker who has imposed a fine of not more than three thousand yuan:

(1) arrange for women workers to engage in underground labor, fourth level physical labor intensity stipulated by the state and other prohibited work.

(two) arrange for women workers to engage in high, low temperature, cold water operations and labor intensity of third or above.

(three) arrange for women workers to engage in the work of physical labor intensity above third and the other labor prohibited during the lactation period during the period of infants under the age of one year of age.

(four) arrangements for underage workers to engage in underground mines, toxic and harmful, fourth level physical labor intensity stipulated by the state and other prohibited work.

Thirteenth employers who arrange for women workers to engage in labor with third or more physical strength and pregnancy prohibited during pregnancy shall be ordered to make corrections and punished according to the standard of each female worker who is punished by a fine of not more than three thousand yuan.

The female workers who have been pregnant for more than seven months shall be ordered to make corrections if the employer arranges their working hours for more than a month or more, and shall be punished according to the standard of each female worker who has imposed a fine of not more than three thousand yuan.

Article fourteenth: if the employer violates the regulations on the protection of female workers, the female workers' maternity leave is less than ninety days. They shall be ordered to make corrections within a prescribed time limit. If the time limit is not changed, the penalty shall be imposed on each female worker who is punished by a fine of not more than three thousand yuan.

Article fifteenth if the employing unit fails to carry out regular health checks on minor workers according to the regulations, it shall be ordered to make corrections within a prescribed time limit. If the time limit is not changed, the punishment shall be punished according to the standard of a fine of not more than three thousand yuan for each minor worker.

Article sixteenth: if the employer fails to terminate the labor contract according to the conditions stipulated in the labor law or intentionally delays in concluding a labor contract, it shall be ordered to make corrections within a prescribed time limit.

If seventeenth employers do not pay social insurance premiums for no reason, they shall be ordered to pay within a specified time. If they fail to pay the overdue payment, they may pay additional arrears of 2/1000 of their arrears per day, unless they are ordered to pay additional debts.

The income of the late payment is incorporated into the social insurance fund.

Eighteenth, the employing unit unreasonably obstructs the labor administrative department and its labour inspectors to exercise the power of supervision and inspection, or retaliate against the reporting personnel, and impose a fine of not more than ten thousand yuan.

The nineteenth item shall be punished separately and executed in combination with several acts violating the labor law.

A logarithmic (two or more) violation of the labor law may result in heavier punishment.

The heavier penalty may be calculated from two to five times the original penalty standard.

The twentieth is to impose a fine on the employing unit, and the fines should be made uniformly by the financial department.

The fines shall be paid to the finance in time and in full in accordance with the provisions of financial management.

Article twenty-first if the employer refuses to accept the decision on administrative penalty, he may apply for reconsideration or prosecution in accordance with the provisions of the Administrative Reconsideration Regulations and the administrative procedure law.

The period of reconsideration or litigation shall not affect the execution of the decision on administrative penalty.

Twenty-second labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government may formulate detailed rules for implementation in accordance with these measures.

The twenty-third measures shall come into force on January 1, 1995.