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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