Investment
BIZCHINA / Labour
Provisions on the Labor Administration of the Enterprises of Foreign
Investment
Updated: 2006-05-08 11:12
Article 64 No juvenile workers shall be arranged to engage in work down
the pit of mines, work that is poisonous or harmful, work with Grade IV
physical labor intensity as stipulated by the State, or other work that
they should avoid.
Article 65 The employing unit shall provide regular physical examinations
to juvenile workers.
Chapter VIII Vocational Training
Article 66 The State shall take various measures through various channels
to expand vocational training undertakings so as to develop professional
skills of laborers, improve their qualities, and raise their employment
capability and work ability.
Article 67 People's governments at various levels shall incorporate the
development of vocational training in the plans of social and economic
development, encourage and support all enterprises, institutional
organizations, societies and individuals, where conditions permit, to
sponsor all kinds of vocational training.
Article 68 The employing unit shall establish a system for vocational
training, raise and use funds for vocational training in accordance with
the provisions of the State, and provide laborers with vocational
training in a planned way and in the light of the actual situation of the
unit.
Laborers to be engaged in technical work must receive pre-job training
before taking up their posts.
Article 69 The State shall determine occupational classification, set up
professional skill standards for the occupations classified, and practise
a system of vocational qualification certificates. Examination and
verification organizations authorized by the government are in charge of
the examination and verification of the professional skills of laborers.
Chapter IX Social Insurance and Welfare
Article 70 The State shall develop social insurance undertakings,
establish a social insurance system, and set up social insurance funds so
that laborers may receive assistance and compensations under such
circumstances as old age, illness, work-related injury, unemployment and
child-bearing.
Article 71 The level of social insurance shall be in proportion to the
level of social and economic development and the social affordability.
Article 72 The sources of social insurance funds shall be determined
according to the categories of insurance, and an overall pooling of
insurance funds from the society shall be introduced step by step. The
employing unit and laborers must participate in social insurance and pay
social insurance premiums in accordance with the law.
Article 73 Laborers shall, in accordance with the law, enjoy social
insurance benefits under the following circumstances:
(1) retirement;
(2) illness or injury;
(3) disability caused by work-related injury or occupational disease;
(4) unemployment; and
(5) child-bearing.
The survivors of the insured laborers shall be entitled to subsidies for
survivors in accordance with the law.
The conditions and standards for laborers to enjoy social insurance
benefits shall be stipulated by laws, rules and regulations.
The social insurance amount that laborers are entitled to, must be timely
paid in full. 7/11
Article 74 The agencies in charge of social insurance funds shall
collect, expend, manage and operate the funds in accordance with the
stipulations of laws, and assume the responsibility to maintain and raise
the value of these funds.
The supervisory organizations of social insurance funds shall exercise
supervision over the revenue and expenditure, management and operation of
social insurance funds in accordance with the stipulations of laws.
The establishment and function of the agencies in charge of social
insurance funds and the supervisory organizations of social insurance
funds shall be stipulated by laws.
No organization or individual shall be allowed to misappropriate social
insurance funds.
Article 75 The State shall encourage the employing unit to set up
supplementary insurance for laborers according to its practical
situations.
The State shall advocate that laborers practise individual insurance in
form of saving account.
Article 76 The State shall develop social welfare undertakings, construct
public welfare facilities, and provide laborers with conditions for
taking rest, recuperation and rehabilitation.
The employing unit shall create conditions so as to improve collective
welfare and raise welfare treatment of laborers.
Chapter X Labor Disputes
Article 77 Where a labor dispute between the employing unit and laborers
takes place, the parties concerned may apply for mediation or arbitration
or take legal proceedings according to law, or may seek for a settlement
through consultation.
The principle of mediation shall apply to the procedures of arbitration
and lawsuit.
Article 78 The settlement of a labor dispute shall follow the principle
of legality, fairness and promptness so as to safeguard in accordance
with the law the legitimate rights and interests of the parties involved.
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