BIZCHINA / Labour

Labour Law of the People's Republic of China

Updated: 2006-05-08 11:15

Article 65 The employer shall carry out regular physical examinations for underage workers.

Chapter 8 Professional Training

Article 66 The State shall promote the cause of professional training through various channels and by various measures to develop the professional skills of labourers, improve their quality, and strengthen their employment and work abilities.

Article 67 Peoples governments at all levels shall include professional training into their programmes for social and economic development, and encourage and support enterprises, institutional organizations, social groups, and individuals to carry out professional training in various forms.

Article 68 The employer shall establish a system for professional training, extract and use funds for professional training according to State regulations, and provide labourers with professional training in a planned way and according to its specific conditions.

Labourers to be engaged in technical work shall receive training before taking up their posts.

Article 69 The State shall determine occupationsal classification, set up professional skill standards for specific occupations, and practise a system of professional qualification certificates. Examination and appraisal organizations authorized by governments shall be charged to carry out examination and appraisal of the professional skills of labourers.

Chapter 9 Social Insurance and Welfare Treatment

Article 70 The State shall promote the development of the cause of social insurance, establish a social insurance system, and set up social insurance funds so that labourers can receive help and compensation when they become old, suffer diseases or work-related injuries, lose their jobs, and give birth.

Article 71 The level of social insurance shall be brought in line with the level of social and economic development and social sustainability.

Article 72 The sources of social insurance funds shall be determined according to the categories of insurance, and the practice of unified accumulation of insurance funds shall be introduced. The employer and individual labourers shall participate in social insurance in accordance with law and pay social insurance costs.

Article 73 Labourers shall be entitled to social insurance treatment in any one of the following cases:

(1) Retire;

(2) Suffer diseases or injuries;

(3) Become disabled during work or suffer occupational diseases;

(4) Become jobless;

(5) Give births.

The dependents of the labourer who dies shall enjoy, in accordance with law, subsidies provided to these dependents.

The conditions and standards on the eligibility of labourers for social insurance treatment shall be stipulated by laws and regulations.

The social insurance funds for labourers shall be paid in due time and in full.

Article 74 Organizations charged with the task of handling social insurance funds shall collect, keep and use social insurance funds in accordance with stipulations in laws, and assume the responsibility to guarantee and multiply the value of these funds.

Organizations charged to supervise social insurance funds shall supervise in accordance with law stipulations, the collection, keeping and use of social insurance funds.

The establishment and functioning of the organizations in the preceding two clauses shall be specified by law.

No unit or individuals shall be allowed to use social insurance funds for other purposes.

Article 75 The State encourages the employer to set up supplementary insurance for labourers according to its practical conditions.

Article 76 The State shall promotes the development of the social welfare cause, construct public welfare facilities, and provide conditions for labourers to rest and recuperate and convalesce.

The employer shall create conditions to improve collective welfare and provide labouerers with better welfare treatment.

Chapter 10 Labour Disputes

Article 77 In case of labour disputes between the employer and labourers, the parties concerned can apply for mediation or arbitration, bring the case to courts, or settle them through consultation.

The principle of mediation is applicable to arbitration and court procedures.

Article 78 Labour disputes shall be settled according to the principle of justice, fairness, and promptness so as to safeguard the legitimate rights and interests of the parties involved in these disputes in accordance with law.


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