Article 94 The employer that recruits juveniles below the age of 16 in violation of law shall be ordered by labour administrative departments to make corrections, and fined. That which involves in a serious case shall have its business license be revoked by the administration for industry and commerce.

Article 95 The employer that encroaches upon the legitimate rights and interests of women and underage workers in violation of the stipulations of this Law on their protection shall be ordered by labour administrative departments to make corrections, and fined. That which causes harms to women and underage workers shall assume the responsibility over making compensations.

Article 96 The responsible person of the employer involved in any one of the following cases shall be taken by a public security department into custody for 15 days, fined, or given a warning, and criminal responsibilities shall be fixed upon whoever commits a crime:

(1) Use of violence, threat or illegal deprival of personal freedom to force labour;

(2) Humiliation, corporal punishment, beating, and illegal search or holding of labourers.

Article 97 The employer shall assume the responsibility over compensation for losses caused to labourers by the invalidity of contracts due to reasons on the part of the employer.

Article 98 The employer that revokes labour contracts or purposely delays the conclusion of labour contracts in violation of the conditions specified in this Law shall be ordered by labour administrative departments to make corrections and assume responsibility over compensation for any losses that may be sustained by labourers therefrom.

Article 99 The employer that recruits labourers whose labour contracts have not yet cancelled, thus causing economic losses to the former employer, shall assume joint liabilities for compensation according to law.

Article 100 The employer that refuses to pay social insurance funds shall be ordered by labour administrative department to pay within fixed periods of time. That which fails to make payments beyond the prescribed time shall be asked to pay arrears.

Article 101 The employer that unjustifiably prevent labour administrative departments and other relevant departments as well as their workers from exercising supervision and inspection powers or retaliates informers shall be fined by labour administrative departments or other relevant departments. If a crime is committed, the person in charge shall be brought to hold criminal responsibilities.

Article 102 Labourers who revoke labour contracts in violation of the conditions specified in this Law or violate terms on secretkeeping matters agreed upon in labour contracts shall be asked to hold responsiblity over compensation in accordance with law if their violation causes economic losses to the employer.

Article 103 Criminal responsibilities shall be fixed upon the workers of labour administrative departments or any other relevant departments if they abuse their powers, neglect their duties, and practice fraud for the benefit of relatives or friends to such a degree that they commit crimes. Those who have not committed crimes shall be disciplined administratively.

Article 104 Public servants and the workers of organizations charged to handle social insurance funds shall be brought to hold criminal responsibilities if they use social insurance funds for other purposes and as a result commit crimes.

Article 105 If other laws or administrative decrees have already specified punishments for encroachment upon the legitimate rights and interests of labourers in violation of the stipulations of this Law, punishments shall be given in accordance with the stipulations of these laws or administrative decrees.

Chapter 13 Supplementary Provisions

Article 106 Peoples governments at the provincial, autonomous regional and municipal level shall work out rules on the steps of the implementation of the system of labour contracts according to this Law and their local conditions and report the rules to the State Council for registration.

Article 107 This Law shall take effect on January 1, 1995.
Chapter 1 General Provisions

Article 1 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress.

Article 2 This Law applies to enterprises, individually-owned economic organizations (hereinafter referred to as the employer) and labourers who form a labour relationship with them within the boundary of the Peoples Republic of China.

State departments, institutional organizations and social groups and labourers who form a labour relationship with them shall follow this Law.

Article 3 Labourers have the right to be employed on an equal basis, choose occupations, obtain remunerations for labour, take rests, have holidays and leaves, receive labour safety and sanitation protection, get training in professional skills, enjoy social insurance and welfare treatment, and submit applications for settlement of labour disputes, and other labour rights stipulated by law.

Labourers shall fulfil their tasks of labour, improve their professional skills, follow rules on labour safety and sanitation, observe labour discipline and professional ethics.

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