Labor Law Of The People'S Republic Of China

general provisions

The second chapter is to promote employment.

The third chapter labor contract and collective contract.

The fourth chapter is working time, rest and vacation.

The fifth chapter salary

The sixth chapter is labor safety and health.

The seventh chapter is the special protection for female workers and underage workers.

The eighth chapter is vocational training.

The ninth chapter is social insurance and welfare.

The tenth chapter is labor disputes.

The eleventh chapter is supervision and inspection.

The twelfth chapter is legal liability.

Thirteenth chapter supplementary provisions

general provisions

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 bring labor disputes to justice, and other labor rights stipulated 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 second chapter is to promote employment.

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.

Article fourteenth where there are special provisions in laws and regulations for the employment of disabled persons, ethnic minority personnel and servicemen who are retired from active service, the provisions thereof shall be stipulated.

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

Art, sports and special craft units recruit minors under the age of sixteen, 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 third chapter labor contract and collective contract.

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 that are in violation of laws and administrative regulations;

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

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;

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 continues to work in the same employer for more than ten years, if the parties agree to continue 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.

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;

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 thirty days in advance.

(1) if a worker is sick or injured by a worker, he can not engage in the original work nor engage in any work arranged separately by the employer after the medical treatment expires.

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. It should explain the situation to the trade union or all the staff members in advance, listen to the opinions of the trade union or the staff and workers, and report to the labor administrative department, and the staff can be reduced.

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.

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

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;

Thirty-third, employees and employees can pay for labor, working hours, rest and vacations, labor safety and health, insurance benefits.