Article 79 Once a labour dispute occurs, the parties involved can
apply to the labour dispute mediation committee of their unit for mediation; if
it can not be settled through mediation and one of the parties asks for
arbitration, application can be filed to a labour dispute arbitration committee
for arbitration. Any one of the parties involved in the case can also apply to a
labour dispute arbitration committee for arbitration. The party that has
objections to the ruling of the labour arbitration committee can bring the case
to a peoples court.
Article 80 A labour dispute mediation committee can be set up
inside the employer. This committee shall be composed of workers
representatives, the representatives of the employer, and trade union
representatives. The chairmanship of this committee shall be held by a trade
union representative.
Agreements reached on labour disputes through mediations shall be
implemented by the parties involved.
Article 81 Labour dispute arbitration committees shall be composed
of the representatives of labour administrative departments, representatives
from trade unions at the same level, and the employers representatives. The
chairmanship of such a committee shall be held by the representative of a labour
administrative department.
Article 82 The party that asks for arbitration shall file a
written application to a labour dispute arbitration committee within 60 days
starting from the date of the occurrance of a labour dispute. Generally
speaking, the arbitration committee shall produce a ruling within 60 days after
receiving the application. The parties involved shall implement arbitration
rulings if they do not have any objections to these rulings.
Article 83 If any of the parties involved in a labour dispute has
objections to an arbitration ruling, it can raise a lawsuit with a peoples court
within 15 days after receiving the ruling. If one of the parties involved
neither raises a lawsuit nor implements the arbitration ruling within the legal
period of time, the other party can apply to a peoples court for forced
implementation.
Article 84 Cases of disputes resulted from the conclusion of
collective contracts shall be handled through consultation by all the parties
concerned brought together by the labour administrative department of a local
peoples government if these cases can not be handled through consultation
between the parties involved. Cases of disputes resulted from the implementation
of collective contracts shall be brought to a labour dispute arbitration
committee for arbitration if these cases can not be solved through consultation
between the parties involved. The party that has objections to a ruling can
raise a lawsuit with a peoples court within 15 days after receiving the ruling.
Chapter 11 Supervision and Inspection
Article 85 The labour administrative departments under peoples
governments at or above the county level shall supervise and inspect efforts by
the employer to abide by laws and regulations, and have the power to stop any
behaviour that runs counter to labour laws and regulations and order
correction.
Article 86 The supervisors and inspectors of the labour
administrative departments under peoples governments at or above the county
level shall have, while performing their public duties, the right to go to the
employer to make investigations about the employers implementation of labour
laws and regulations, consult data they deem necessary, and inspect labour
spots.
The supervisors and inspectors of the labour administrative
departments under peoples governments at or above the county level shall produce
their documents of certification while performing public duties, impartially
enforce laws, and abide themselves by relevant regulations.
Article 87 Relevants departments under peoples governments at or
above the county level shall supervise, within the range of their duties and
responsibilities, the employer in its observance of labour laws and
regulations.
Article 88 Trade unions at various levels shall safeguard the
legitimate rights and interests of labourers, and supervise the employer in its
observance of labour laws and regulations.
All units and individuals shall have the right to expose and
accuse behaviours that go against labour laws and regulations.
Chapter 12 Legal Responsibilities
Article 89 If the rules and regulations on labour formulated by
the employer run counter to the provisions of laws and regulations, it shall be
given a warning by labour administrative departments, ordered to make
corrections, and asked to hold responsibility over harms that may be done to
labourers.
Article 90 If the employer prolongs work hours in violation of
stipulations in this Law, labour administrative departments can give it a
warning, order it to make corrections, and may impose a fine thereon.
Article 91 The employer involved in any one of the following cases
that encroach upon the legitimate rights and interests of labourers shall be
ordered by labour administrative departments to pay labourers wage remunerations
or to make up for economic losses, and may even order it to pay
compensation:
(1) Deduction or unjustified delay in paying wages to
labourers;
(2) Refusal to pay labourers wage remunerations for working longer
hours;
(3) Payment of wages to labourers below local standards on minimum
wages;
(4) Failure to provide labourers with economic compensations in
accordance with this Law after revocation of labour contracts.
Article 92 The employer whose labour safety facilities and labour
sanitation conditions fall short of State regulations or who fails to provide
labourers with necessary labour protection articles and labour protection
facilities shall be ordered by labour administrative departments or other
relevant departments to make corrections, or be fined. Those involved in serious
cases shall be reported to peoples governments at or above the county level so
that these peoples governments can decide and order it to stop production for
consolidation. Criminal responsibilities shall be fixed upon the persons in
charge according to stipulations in Article 187 of the Criminal Law should the
failure on the part of the employer to take measures against possible accidents
result in serious accidents and cause losses of labourers life or
properties.
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