Article 79 Where a labor dispute takes place, the parties involved may apply
to the labor dispute mediation committee of their unit for mediation; if the
mediation fails and one of the parties requests for arbitration, that party may
apply to the labor dispute arbitration committee for arbitration. Either party
may also directly apply to the labor dispute arbitration committee for
arbitration. If one of the parties is not satisfied with the adjudication of
arbitration, the party may bring the case to a people's court.
Article 80 A labor dispute mediation committee may be established inside the
employing unit. The committee shall be composed of representatives of the staff
and workers, representatives of the employing unit, and representatives of the
trade union. The chairman of the committee shall be held by a representative of
the trade union.
Agreements reached on labor disputes through mediation shall
be implemented by the parties involved.
Article 81 A labor dispute arbitration committee shall be composed of
representatives of the labor administrative department, representatives from the
trade union at the corresponding level, and representatives of the employing
unit. The chairman of the committee shall be held by a representative of the
labor administrative department.
Article 82 The party that requests for arbitration shall file a written
application to a labor dispute arbitration committee within 60 days starting
from the date of the occurrence of a labor dispute. The arbitration committee
may generally make an adjudication within 60 days from the date of receiving the
application. The parties involved must implement the adjudication if no
objections are raised.
Article 83 Where a party involved in a labor dispute is not satisfied with
the adjudication, the party may bring a lawsuit to a people's court within 15
days from the date of receiving the ruling of arbitration. Where one of the
parties involved neither brings a lawsuit nor implements the adjudication of
arbitration within the statutory time limit, the other party may apply to a
people's court for compulsory implementation.
Article 84 Where a dispute arises from the conclusion of a collective
contract and no settlement can be reached through consultation by the parties
concerned, the labor administrative department of the local people's government
may organize the relevant departments to handle the case in
coordination.
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Where a dispute arises from the implementation of a
collective contract and no settlement can be reached through consultation by the
parties concerned, the dispute may be submitted to the labor dispute arbitration
committee for arbitration. Any party that is not satisfied with the adjudication
of arbitration may bring a lawsuit to a people's court within 15 days from the
date of receiving the adjudication.
Chapter XI Supervision and Inspection
Article 85 The labor administrative departments of people's governments at or
above the county level shall, in accordance with the law, supervise and inspect
the implementation of laws, rules and regulations on labor by the employing
unit, and have the power to stop any acts that run counter to laws, rules and
regulations on labor and order the rectification thereof.
Article 86 The inspectors from the labor administrative departments of
people's governments at or above the county level shall, while performing their
public duties, have the right to enter the employing units to make
investigations about the implementation of laws, rules and regulations on labor,
examine necessary data and inspect labor sites.
The inspectors from the labor
administrative departments of people's governments at or above the county level
must show their certifications while performing public duties, impartially
enforce laws, and abide by relevant stipulations.
Article 87 Relevant departments of people's governments at or above the
county level shall, within the scope of their respective duties and
responsibilities, supervise the implementation of laws, rules and regulations on
labor by the employing units.
Article 88 Trade unions at various levels shall, in accordance with the law,
safeguard the legitimate rights and interests of laborers, and supervise the
implementation of laws, rules and regulations on labor by the employing
units.
Any organizations or individuals shall have the right to expose and
accuse any acts in violation of laws, rules and regulations on labor.
Chapter
XII Legal Responsibility
Article 89 Where the rules and regulations on labor
formulated by the employing unit run counter to the provisions of laws, rules
and regulations, the labor administrative department shall give a warning to the
unit, order it to make corrections; where any harms have been caused to
laborers, the unit shall be liable for compensations.
Article 90 Where the employing unit extends working hours of laborers in
violation of the stipulations of this Law, the labor administrative department
shall give it a warning, order it to make corrections, and may impose a fine.
Article 91 Where an employing unit infringes in any of the following ways the
legitimate rights and interests of laborers, the labor administrative department
shall order it to pay laborers remuneration or to make up for economic losses,
and may also order it to pay compensations:
(1) to deduct wages or delay in
paying wages to laborers without reason;
(2) to refuse to pay laborers
remuneration for the extended working hours;
(3) to pay laborers wages below
the local standard on minimum wages; or
(4) to fail to provide laborers with
economic compensations in accordance with the provisions of this Law after
revocation of labor contracts.
Article 92 Where the occupational safety facilities and health conditions of
an employing unit do not comply with the provisions of the State or the unit
fails to provide laborers with necessary labor protection articles and labor
protection facilities the labor administrative department or other relevant
departments shall order it to make corrections, and may impose a fine. If
circumstances are serious, the above-said departments shall apply to a people's
government at or above the county level for a decision to order the unit to stop
production for consolidation. If the unit fails to take measures against
potential accident which later leads to the occurrence of a serious accident and
the losses of laborers' lives and properties, criminal responsibilities shall be
investigated against the persons in charge mutatis mutandis the stipulations of
Article 187 of the Criminal Law. 9/11
Article 93 Where an employing unit forces laborers to operate with risks in
violation of the rules and regulations, causing thus major accident of injuries
and deaths, and serious consequences, criminal responsibilities of the person in
charge shall be investigated according to law.
Article 94 Where an employing unit illegally recruits juveniles under the age
of 16, the labor administrative department shall order it to make corrections,
and impose a fine. If circumstances are serious, the administrative department
for industry and commerce shall revoke its business license.
Article 95 Where an employing unit encroaches upon the legitimate rights and
interests of female and juvenile workers in violation of the stipulations of
this Law on their protection, the labor administrative department shall order it
to make corrections, and impose a fine. If harms to female and juvenile workers
have been caused, the unit shall assume the responsibility for compensations.
Article 96 Where an employing unit commits one of the following acts, the
person in charge shall be taken by a public security organ into custody for 15
days or less, or fined, or given a warning; and criminal responsibilities shall
be investigated against the person in charge according to law if the act
constitutes a crime:
(1) to force laborers to work by resorting to violence,
intimidation or illegal restriction of personal freedom; or
(2) humiliating,
giving corporal punishment, beating, illegally searching or detaining laborers.
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