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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