The Labour Law of the People's Republic of
China which has been adopted at the Eighth Meeting of the Standing Committee of
the Eighth National People's Congress on July 5, 1994 is promulgated now, and
shall enter into force as of 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.
Article 4 The employer shall establish and perfect rules and
regulations in accordance with law and guarantee that labourers enjoy labour
right and fulfill labour obligations.
Article 5 The State shall take various measures to promote
employment, develop vocational education, formulate labour standards, regulate
social incomes, perfect social insurance, coordinate labour relationships, and
gradually raise the living level of laborers.
Article 6 The State shall advocate labourers participation in
social voluntary labour, labour competition, and activities of forwarding
rational proposals; encourage and protect labourers in scientific research,
technical renovation, and invention; and commend and award labour models and
advanced workers.
Article 7 Labourers shall have the right to participate in and
organize trade unions in accordance with law.
Trade unions shall represent and safeguard the legitimate rights
and interests of labourers, and stage activities independently in accordance
with law.
Article 8 Labouers shall take part in democratic management
through workers congress, workers representative assembly, or any other forms in
accordance with law, or consult with the employer on an equal footing about
protection of the legitimate rights and interests of labourers.
Article 9 The labour management department under the State Council
shall take charge of the management of labour of the whole country.
Local peoples governments above the county level shall take charge
of the management of labour in areas under their jurisdiction.
Chapter 2 Promotion of Employment
Article10 The State shall create employment conditions and expand
employment opportunities through promotion of economic and social
development.
The State shall encourage enterprises, institutional
organizations, and social groups to start industries or expand businesses within
the scope allowed by stipulations of laws and administrative decrees for the
purpose of increasing employment.
The State shall support labourers to organize and employ
themselves on a voluntary basis and to get employed in individual
businesses.
Article 11 Local peoples governments at various levels shall take
measures to develop various kinds of job agencies and provide employment
services.
Article 12 Labourers shall not be discriminated against in
employment due to their nationality, race, sex, or religious belief.
Article 13 Women shall enjoy equal rights as men in employment.
Sex shall not be used as a pretext for excluding women from employment during
recruitment of workers unless the types of work or posts for which workers are
being recruited are not suitable for women according to State regulations. Nor
shall the standards of recruitment be raised when it comes to women.
Article 14 Any special stipulations in laws and regulations about
the employment of the disabled, minority people, and demobilized soldiers shall
be observed.
Article 15 The employer shall be banned from recruiting juveniles
under the age of 16.
Art, sports and special-skill units that plan to recruit juveniles
under the age of 16 shall go through examination and approval procedures
according to relevant State regulations and guarantee the right of the employed
to receive compulsory education.
Chapter 3 Labour Contracts and Collective Contracts
Article 16 Labour contracts are agreements reached between
labourers and the employer to establish labour relationships and specify the
rights, interests and obligations of each party.
Labour contracts shall be concluded if labour relationships are to
be established.
Article 17 Conclusion and alteration of labour contracts shall
follow the principle of equality, voluntariness, and agreement through
consultation. They shall not run counter to stipulations in laws or
administrative decrees.
Labour contracts shall become legally binding once they are
concluded in accordance with law. The parties involved shall fulfil obligations
stipulated in labour contracts.
Article 18 The following labour contracts shall be invalid;
(1) Labour contracts concluded against laws or administrative
decrees;
(2) Labour contracts concluded through cheating, threat, or any
other means.
Invalid labour contracts shall not be legally binding from the
very beginning of their conclusion. If a labour contract is confirmed as being
partially invalid, the other parts shall be valid if the parts that are invalid
do not affect the validity of these other parts.
The invalidity of a labour contract shall be confirmed by a labour
dispute arbitration committee or a peoples court.
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