Article 100 Where the employing unit fails to pay social insurance premiums without reason, the administrative department of labour shall order it to pay within a fixed period. Trade Union Law of the People's Republic of China - China.org.cn If any party is not satisfied with the arbitration decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award of arbitration. Every person employing labor in this state shall: (a) Furnish to the commission, at its request, reports or information that the commission requires to carry out this chapter. The Labour Law of the People's Republic of China which has been adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 is promulgated now, and shall enter into force as of January 1, 1995. Article 98 Where the employing unit, in violation of the conditions specified in this Law, cancels labor contracts or intentionally delays the conclusion of labor contracts, the administrative department of labor shall order it to make corrections; where any damage has been caused to laborers, the employing unit shall be liable for compensation according to law. Article 77 If a labour dispute between the employing unit and a labourer arises, the parties may apply for mediation or arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. (d) Keep at a central location in the state or at the plants or . Article 78 The settlement of a labor dispute shall follow the principle of legality, justness and promptness so as to safeguard the legitimate rights and interests of the parties in accordance with the law. Labour Law of the People's Republic of China Copyright2023 China Daily. Article 85 The administrative departments of labour under the peoples governments at or above the county level shall, in accordance with the law, supervise and inspect the implementation of laws, rules and regulations on labour by the employing unit, and have the power to stop any acts that run counter to laws, rules and regulations on labour and order the rectification thereof. Article 107 This Law shall go into effect as of January 1, 1995. Article 14 In respect of the employment of the disabled, people of minority ethnic groups, and demobilized armymen, where there are special stipulations in laws, rules and regulations, such stipulations shall apply. If the managerial personnel of the employing unit give command contrary to the established rules and compel laborers to operate under unsafe conditions, the laborers shall have the right to refuse such operation; laborers shall have the right to criticize, report or file charges against any acts endangering the safety of their life or health. Article 105 With respect to infringement of the legitimate rights and interests of laborers committed in violation of the provisions of this Law, where punishments are provided by other laws or administrative rules and regulations, the provisions thereon in such laws or administrative rules and regulations shall apply. (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. Article 65 The employing unit shall provide regular physical examinations to juvenile workers. Article 61 It is prohibited to arrange for women workers or staff members during their pregnancy to engage in work with Grade III physical labor intensity as stipulated by the State or other work forbidden to pregnant women. Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests arbitration, that party may apply to the labor dispute arbitration committee for arbitration. The State shall support laborers to achieve employment by organizing themselves on a voluntary basis or by engaging in individual businesses. Article 6 The State shall advocate the participation of labourers in social voluntary labour and the unfolding of labour emulation and rational proposals campaign, encourage and protect labourers in conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers. If no objections have been raised by the administrative department of labor within 15 days from the date of receipt of the text of the contract, the collective contract shall go into effect automatically. (4) To fail to provide labourers with economic compensations in accordance with the provisions of this Law after cancellation of labour contracts. The committee shall be composed of representatives of the staff and workers, the employing unit, and the trade union. Article 58 The State shall provide special protection to female staff and workers and juvenile workers. The establishment and functions of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be prescribed by law. If an agreement is reached through mediation in the case of a labour dispute, it shall be implemented by the parties. Article 46 The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work. UFLPA Strategy | Homeland Security Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labor relationship, and gradually raise the living standard of laborers. Order No.73 of the President of the People's Republic of China Date issued: 12-28-2012 Level of Authority: Laws Area of law: Contract Labor Contract Law of the People's Republic of China (Adopted at the 28th Session of Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 29, 2007amended in Article 77 If a labor dispute between the employing unit and a laborer arises, the parties may apply for mediation or arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. Article 84 Where a dispute arises from the conclusion of a collective contract and no settlement can be reached through consultation by the parties concerned, the administrative department of labour under the local peoples government may coordinate with the parties and organizations concerned in settling the dispute. Article 105 With respect to infringement of the legitimate rights and interests of labourers committed in violation of the provisions of this Law, where punishments are provided by other laws or administrative rules and regulations, the provisions thereon in such laws or administrative rules and regulations shall apply. Article 15 No employing units are allowed to recruit minors under the age of 16. The Uyghur Forced Labor Prevention Act was enacted on December 23, 2021, to strengthen the existing prohibition against the importation of goods made wholly or in part with forced labor into the United States and . Article 67 Peoples governments at various levels shall incorporate the development of vocational training into their plans of social and economic development, encourage and support enterprises, institutions, public organizations and individuals, if conditions permit, to sponsor vocational training in various forms. The supervisory organizations of social insurance funds shall exercise supervision over the revenue and expenditure, management and operation of social insurance funds in accordance with the stipulations of laws. Article 41 The employing unit may extend working hours as necessitated by its production or business operation after consultation with the trade union and labourers, but the extended working hour per day shall generally not exceed one hour; if such extension is needed for special reasons, under the condition that the health of labourers is guaranteed, the extended hours shall not exceed three hours per day. California Labor Code - Wikipedia Article 69 The State shall determine occupational classification, set professional skill standards for the occupations classified, and practise a system of vocational qualification certification. Article 66 The State shall take various measures, through various channels, to expand vocational training undertakings so as to develop professional skills of laborers, improve their qualities, and raise their employment capability and work ability. (Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 and promulgated by Order No 28 of the President of the People's Republic of China), Chapter III Labor Contracts and Collective Contracts, Chapter IV Working Hours, Rest and Vacations, Chapter VI Occupational Safety and Health, Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers. Country: China. Labourers to be engaged in technical work must receive training before taking up their posts. Article 36 The State shall practise a working hour system wherein laborers shall work for no more than eight hours a day and no more than 44 hours a week on the average. Article 49 The determination and readjustment of the standards of minimum wages shall be made with reference to the following factors in a comprehensive manner: (1) The lowest living expenses of laborers themselves plus that of the average number of family members they support; (2) The average wage level of the society as a whole; (5) The regional differences in economic development. Labour Contracts and Collective Contracts. The wages to be paid to labourers shall not be embezzled nor the payment thereof delayed without justification. The invalidity of a labor contract shall be confirmed by a labor dispute arbitration committee or a people's court. Article 46 The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work. (3) Failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract. If no objections have been raised, the parties must execute the arbitration decision. The employing unit shall create conditions to improve collective welfare and increase labourers social benefits. If any party is not satisfied with the decision of arbitration, the party may bring a lawsuit to the people's court. Article 53 Facilities of occupational safety and health must meet the standards set by the State. Article 30 Where an employing unit cancelled its labor contract and the trade union considers it inappropriate, the trade union shall have the right to put forward its opinions. The arbitration committee shall generally make an arbitration decision within 60 days from the date of receiving the application. Article 34 Upon conclusion of a collective contract, it shall be submitted to the administrative department of labour. Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China. Article 48 The State shall implement a system of guaranteed minimum wages. 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 9 The administrative department of labor under the State Council shall be in charge of the management of labor in the whole country. Article 29 Where a laborer is under any of the following circumstances, the employing unit shall not cancel its labor contract with the laborer by availing itself of the stipulations in Article 26 and Article 27 of this Law: (1) Being confirmed to have totally or partially lost the ability to work due to occupational diseases or work-related injuries; (2) Receiving medical treatment for diseases or injuries within the prescribed period of time; (3) Being a female staff member or worker during her pregnant, puerperal, or breast-feeding period; or. Article 45 The State shall practise a system of annual vacation with pay. Article 22 The parties to a labour contract may stipulate in the labour contract matters concerning keeping business secrets of the employing unit. (4) Other circumstances stipulated by laws, administrative rules and regulations. Article 27 Where it is really necessary for an employing unit to cut down the number of workforce when it comes to the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and management, the employing unit shall explain the situation to the trade union or all of its staff and workers 30 days in advance, solicit opinions from them and report to the administrative department of labour before it may cut down the number of workforce. New. Article 55 Laborers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations. 29 Jun 2023 0. Article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and agreement through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations. H.R.4443 - To ensure that certain goods made with child labor or forced The chairmanship of the committee shall be assumed by a representative of the administrative department of labor. Labor Dispute Mediation and Arbitration Law of the People's Republic of Article 15 No employing units are allowed to recruit minors under the age of 16. California Labor Laws (2023) | Guide to California Employment Law Article 67 People's governments at various levels shall incorporate the development of vocational training into their plans of social and economic development, encourage and support enterprises, institutions, public organizations and individuals, if conditions permit, to sponsor vocational training in various forms. Institutions of literature and art, physical culture, and special arts and crafts that recruit minors under the age of 16 must go through the formalities of examination and approval in accordance with the relevant provisions of the State and guarantee their right to compulsory education. However, the total extension in a month shall not exceed thirty six hours. Article 104 Where functionaries of the State or personnel of the agencies in charge of social insurance funds misappropriate the social insurance funds, where the case constitutes a crime, they shall be investigated for criminal responsibility according to law. Where a dispute arises from the fulfillment of a collective contract and no settlement can be reached through consultation by the parties concerned, the parties may apply to the labour dispute arbitration committee for arbitration. New Labor Laws in California - California Department of Industrial It was promulgated by the Standing Committee of the National People's Congress of China on July 5, 1994, and came into effect on January 1, 1995. The administrative departments of labor and other relevant departments under the people's governments at or above the county level and the employing units shall, according to law, carry out statistical report and disposition with respect to accidents of injuries or deaths occurred to laborers in the process of their work and situations of occupational diseases. (2) Humiliating, imposing corporal punishment upon, beating, illegally searching, or detaining laborers. Chapter I General Provisions Article 1 This Law is enacted in order to resolve labor disputes in an impartial and timely manner, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations. Article 85 The administrative departments of labor under the people's governments at or above the county level shall, in accordance with the law, supervise and inspect the implementation of laws, rules and regulations on labor by the employing unit, and have the power to stop any acts that run counter to laws, rules and regulations on labor and order the rectification thereof. There are also other scenarios where workers are entitled to overtime in California. Article 91 Where the employing unit commits any of the following acts infringing upon the legitimate rights and interests of laborers, the administrative department of labor shall order it to pay laborers remuneration of wages or to make up for economic losses, and may also order it to pay compensation: (1) To embezzle wages or delay in paying wages to laborers without reason; (2) To refuse to pay laborers remuneration of wages for the extended working hours; (3) To pay laborers wages below the local standard of minimum wages; or. Article 32 A laborer may, in any of the following circumstances, notify at any time the employing unit of his cancelation of the labor contract: (2) Where the employing unit forces the laborer to work by means of violence, intimidation or illegal restriction of personal freedom; or. established in China, but they shall not engage in any profit- making activities except for the representative offices under LABOUR LAW OF THE PEOPLE'S REPUBLIC OF CHINA - AsianLII Chapter VI Occupational Safety and Health. Where any harm has been done to female staff and workers and juvenile workers, the unit shall be liable for compensation. Any organizations or individuals shall have the right to expose and accuse any acts that violate the law, rules and regulations on labor. Labor Contract Law of the People's Republic of China Article 87 Relevant departments under the people's governments at or above the county level shall, within the scope of their respective functions and responsibilities, supervise the implementation of laws, rules and regulations on labor by the employing units. Article 79 After a labour dispute arises, the parties may apply to the labour dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests arbitration, that party may apply to the labour dispute arbitration committee for arbitration. Any organizations or individuals shall have the right to expose and accuse any acts that violate the law, rules and regulations on labour. Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employing units) and laborers who form a labor relationship therewith within the territory of the People's Republic of China. Article 90 Where the employing unit, in violation of the stipulations of this Law, extends the working hours of labourers, the administrative department of labour shall give it a warning, order it to make corrections, and may impose a fine thereon. The People's Republic of China, in accordance with treaties and agreements it concludes or accedes to as well as the fundamental principles of international law and fundamental norms governing international relations, may take diplomatic actions as necessary including changing or terminating diplomatic or consular relations with a foreign country. Article 93 Where the employing unit compels labourers to operate against the established rules and under unsafe conditions, thus causing major accident of injuries and deaths, and serious consequences, persons who are held responsible shall be investigated for criminal responsibility according to law. Article 42 Under any of the following circumstances, the extension of working hours shall not be subject to restriction of the provisions of Article 41 of this Law : (1) Where in the event of natural disasters, accidents or for other reasons, the life and health of laborers or the safety of property is in peril, and urgent dealing is needed; (2) Where in the event of breakdown of production equipment, transportation lines or public facilities, production and public interests are affected; and rush repair must be done without any delay; or. If the managerial personnel of the employing unit give command contrary to the established rules and compel labourers to operate under unsafe conditions, the labourers shall have the right to refuse such operation; labourers shall have the right to criticize, report or file charges against any acts endangering the safety of their life or health. Comprised of 13 Chapters and 107 sections. (3) Other circumstances stipulated by laws, administrative rules and regulations. California's Minimum Wage to Increase to $15 per Hour for Large Employers, $14 per Hour for Small Employers. Where a dispute arises from the fulfillment of a collective contract and no settlement can be reached through consultation by the parties concerned, the parties may apply to the labor dispute arbitration committee for arbitration. 6256, which bans imports from the Xinjiang Uyghur Autonomous Region (Xinjiang) of the People's Republic of China and imposes . Article 87 Relevant departments under the peoples governments at or above the county level shall, within the scope of their respective functions and responsibilities, supervise the implementation of laws, rules and regulations on labour by the employing units. Article 52 The employing unit must establish and perfect the system of occupational safety and health, strictly implement the rules and standards of the State with regard to occupational safety and health, carry out education among labourers in occupational safety and health, prevent accidents in the process of work, and lessen occupational hazards. Article 38 The employing unit shall guarantee that its staff and workers have at least one day off in a week. Article 18 The employees of a company shall, according to the Labor Union Law of the People's Republic of China, organize a labor union, which shall carry out union activities and safeguard the lawful rights and interests of the employees. Article 31 If a laborer is to cancel his labor contract, he shall give a written notice to the employing unit 30 days in advance. not be republished or used in any form. & Industry for National Defense, CCP Central Commission for Discipline Inspection, Central Leading Group for Inspection Work, Commission for Discipline Inspection of the Central Military Commission, Independent Commission Against Corruption (Hong Kong), Judicial Administrative Organs People's Police, Office for Safeguarding National Security of the CPG in the HKSAR, Central Leading Group for Propaganda, Ideology and Culture, Central Guidance Commission on Building Spiritual Civilization, National Press and Publication Administration, National Radio and Television Administration, Central Leading Group on Hong Kong and Macau Affairs, Association for Relations Across the Taiwan Straits, International Development Cooperation Agency, International Military Cooperation Office, State Administration of Foreign Experts Affairs, Standing Committee of the National People's Congress, Labour Contract Law of the People's Republic of China, Law of the People's Republic of China on Promoting Clean Production, "Labor contract law: Is the labor is still those representing capital is greatly", "Labour Law of the People's Republic of China -", "Labor Activist: Why China Needs Collective Bargaining Now", "Labour Law of the People's Republic of China", Grasping the large, letting go of the small, China Banknote Printing and Minting Corporation, China Integrated Circuit Industry Investment Fund, National Equities Exchange and Quotations, All-China Federation of Industry and Commerce, China Council for the Promotion of International Trade, Ministry of Industry and Information Technology, National Administration of Financial Regulation, National Development and Reform Commission, State-owned Assets Supervision and Administration Commission, State Administration for Market Regulation, Guangdong-Hong Kong-Macau Greater Bay Area, Mainland and Hong Kong Closer Economic Partnership Arrangement, Mainland and Macau Closer Economic Partnership Arrangement, Regional Comprehensive Economic Partnership, https://en.wikipedia.org/w/index.php?title=Labour_Law_of_the_People%27s_Republic_of_China&oldid=1152828925, Articles containing simplified Chinese-language text, Articles containing traditional Chinese-language text, Articles containing Chinese-language text, Creative Commons Attribution-ShareAlike License 4.0, Labour Contracts and Collective Contracts, Special Protection for Female Staff and Workers and Juvenile Workers, Trade Union Law of the People's Republic of China, Law of the People's Republic of China on Labour Dispute Mediation and Arbitration, Employment Promotion Law of the People's Republic of China, Law of the People's Republic of China on the Protection of Women's Rights and Interests, Production Safety Law of the People's Republic of China, Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, This page was last edited on 2 May 2023, at 15:26. Labor Commissioner Revokes Garment Manufacturer's License for Labor Law Violations and Informs Employers of New Law for 2022. On Thursday, December 23, 2021, the President signed into law: H.R. Article 106 People's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, according to this Law and in light of their local conditions, work out the implementing measures for the system of labor contract and report them to the State Council for the record. The establishment and functions of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be prescribed by law. (2) Humiliating, imposing corporal punishment upon, beating, illegally searching, or detaining labourers. [2], The law has 107 articles in 13 chapters. Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid. The State shall exercise macro-control over the total payroll. people's governments of the labour force export and import areas shall cooperate with each other Article 34 Upon conclusion of a collective contract, it shall be submitted to the administrative department of labour. Article 13 Women shall enjoy the equal right, with men, to employment.
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