BIZCHINA / Labour

Labour Law of the People's Republic of China

Updated: 2006-05-08 11:15

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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