BIZCHINA / Labour

Labour Law of the People's Republic of China

Updated: 2006-05-08 11:15

Chapter 5 Wages

Article 46 Distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.

The level of wages shall be raised gradually on the basis of economic development. The State shall exercise macro regulation and control over total payrolls.

Article 47 The employer shall fix its form of wage distribution and wage level on its own and in accordance with this Law according to the characteristics of its production and businesses and economic efficiency.

Article 48 The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be stipulated by provincial, autonomous regional and municipal peoples governments and reported to the State Council for registration.

The employer shall pay labourers wages no lower than local standards on minimum wages.

Article 49 Standards on minimum wages shall be fixed and readjusted with comprehensive reference to the following factors:

(1) The lowest living costs of labourers themselves and the number of family members they support;

(2) Average wage level of the society as a whole;

(3) Productivity;

(4) Situation of employment;

(5) Differences between regions in their levels of economic development.

Article 50 Wages shall be paid to labourers themselves in the form of currency on a monthly basis. The wages payable to labourers shall not be deducted or delayed without reason.

Article 51 The employer shall pay wages to labourers in accordance with law when they have legal holidays, take leaves during periods of marriage or mourning, and participate in social activities in accordance with law.

Chapter 6 Labour Safety and Sanitation

Article 52 The employer shall establish and perfect its system for labour safety and sanitation, strictly abide by State rules and standards on labour safety and sanitation, educate labourers in labour safety and sanitation, prevent accidents in the process of labour, and reduce occupational hazards.

Article 53 Labour safety and sanitation facilities shall meet State-fixed standards.

The labour safety and sanitation facilities of new projects and projects of renovation and expansion shall be designed, constructed and put into operation and use at the same time as the main projects.

Article 54 The employer shall provide labourers with labour safety and sanitation conditions meeting State stipulations and necessary articles of labour protection, and carry out regular health examination for labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in special operations shall receive specialized training and acquire qualifications for these special operations.

Article 56 Labourers should strictly follow rules on safe operation in the process of labour.

Labourers shall have the right to refuse to follow orders if the management personnel of the employer direct or force them to work in violation of regulations, and to criticise, expose and accuse any acts endangering the safety of their life and physical health.

Article 57 The State shall establish a system for the statistical report and treatment of accidents of injuries or deaths and cases of occupational diseases. The labour administrative departments and other relevant departments under the peoples governments at or above the county level and the employer shall, in accordance with law, carry out statistical report and disposition with respect to accidents of injuries or deaths occured to labourers in the process of their work and situations of occupational diseases.

Chapter 7 Special Protection for Female Staff and Workers and Juvenile Workers

Article 58 The State provides special protection to female staff and workers and juvenile workers. Juvenile workers refer to labourers up to 16 years old but below 18 years old.

Article 59 It is forbidden to arrange underground work for women workers at mines, or any labour with Grade IV physical labour intensity as stipulated by the State, or other labour forbidden to women.

Article 60 It is forbidden to engage women workers in work high above the ground, under low temperatures, or in cold water during their menstrual periods or labour with Grade III physical labour intensity as stipulated by the State.

Article 61 It is forbidden to engage women workers during their pregnancy in work with Grade III physical labour intensity as stipulated by the State or other work the State prevents them from doing during pregnancy. It is forbidden to prolong the work hours of women workers pregnant for seven months or ask them to work night shifts.

Article 62 Birth-giving women workers shall be entitled to maternity leaves no shorter than 90 days.

Article 63 It is forbidden to engage women workers in work with Grade III physical labour intensity as stipulated by the State during their breast-feeding of babies less than one year old and other labour the Sate prevents them from doing during their breastfeeding periods. Neither shall their work hours be prolonged nor they be asked to work night shifts during these periods.

Article 64 It is forbidden to engage underage workers in work under wells at mines, poisonous or harmful work, labour Grade IV physical labour intensity as stipulated by the State, or any other labour the State prevents them from doing.


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