BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
Article 93 Criminal responsibilities shall be fixed upon the persons in
charge in accordance with law if the employer forces labourers to venture
to work against regulations and as a result cause major accidents of
injuries and deaths and serious consequences.
Article 94 The employer that recruits juveniles below the age of 16 in
violation of law shall be ordered by labour administrative departments to
make corrections, and fined. That which involves in a serious case shall
have its business license be revoked by the administration for industry
and commerce.
Article 95 The employer that encroaches upon the legitimate rights and
interests of women and underage workers in violation of the stipulations
of this Law on their protection shall be ordered by labour administrative
departments to make corrections, and fined. That which causes harms to
women and underage workers shall assume the responsibility over making
compensations.
Article 96 The responsible person of the employer involved in any one of
the following cases shall be taken by a public security department into
custody for 15 days, fined, or given a warning, and criminal
responsibilities shall be fixed upon whoever commits a crime:
(1) Use of violence, threat or illegal deprival of personal freedom to
force labour;
(2) Humiliation, corporal punishment, beating, and illegal search or
holding of labourers.
Article 97 The employer shall assume the responsibility over compensation
for losses caused to labourers by the invalidity of contracts due to
reasons on the part of the employer.
Article 98 The employer that revokes labour contracts or purposely delays
the conclusion of labour contracts in violation of the conditions
specified in this Law shall be ordered by labour administrative
departments to make corrections and assume responsibility over
compensation for any losses that may be sustained by labourers therefrom.
Article 99 The employer that recruits labourers whose labour contracts
have not yet cancelled, thus causing economic losses to the former
employer, shall assume joint liabilities for compensation according to
law.
Article 100 The employer that refuses to pay social insurance funds shall
be ordered by labour administrative department to pay within fixed
periods of time. That which fails to make payments beyond the prescribed
time shall be asked to pay arrears.
Article 101 The employer that unjustifiably prevent labour administrative
departments and other relevant departments as well as their workers from
exercising supervision and inspection powers or retaliates informers
shall be fined by labour administrative departments or other relevant
departments. If a crime is committed, the person in charge shall be
brought to hold criminal responsibilities.
Article 102 Labourers who revoke labour contracts in violation of the
conditions specified in this Law or violate terms on secretkeeping
matters agreed upon in labour contracts shall be asked to hold
responsiblity over compensation in accordance with law if their violation
causes economic losses to the employer.
Article 103 Criminal responsibilities shall be fixed upon the workers of
labour administrative departments or any other relevant departments if
they abuse their powers, neglect their duties, and practice fraud for the
benefit of relatives or friends to such a degree that they commit crimes.
Those who have not committed crimes shall be disciplined administratively.
Article 104 Public servants and the workers of organizations charged to
handle social insurance funds shall be brought to hold criminal
responsibilities if they use social insurance funds for other purposes
and as a result commit crimes.
Article 105 If other laws or administrative decrees have already
specified punishments for encroachment upon the legitimate rights and
interests of labourers in violation of the stipulations of this Law,
punishments shall be given in accordance with the stipulations of these
laws or administrative decrees.
Chapter 13 Supplementary Provisions
Article 106 Peoples governments at the provincial, autonomous regional
and municipal level shall work out rules on the steps of the
implementation of the system of labour contracts according to this Law
and their local conditions and report the rules to the State Council for
registration.
Article 107 This Law shall take effect on January 1, 1995.
Chapter 1 General Provisions
Article 1 This Law is hereby formulated in accordance 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, individually-owned economic
organizations (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 organizations and social groups and
labourers who form a labour relationship 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 insurance 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 ethics.
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