Labor Law of the People's Republic of China (2018 Amendment)

Labor Law of the People's Republic of China (2018 Amendment) Labor Law of the People's Republic of China (Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994; amended for the first time according to the Decision on Amending Some Laws issued by Order No. 18 of the President of the People's Republic of China adopted at the tenth session of the 11th Standing Committee of the National People's Congress on August 27, 2009; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress to Amend Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018) Contents Chapter 1 General Provisions Chapter 2 Promotion of Employment Chapter 3 Labor Contracts and Collective Contracts Chapter 4 Working Hours, Rests, and Leaves Chapter 5 Wages Chapter 6 Labor Safety and Sanitation Chapter 7 Special Protection for Female Staff and Workers and Juvenile Workers Chapter 8 Professional Training Chapter 9 Social Insurance and Welfare Treatment Chapter 10 Labor Disputes Chapter 11 Supervision and Inspection Chapter 12 Legal Responsibilities Chapter 13 Supplementary Provisions 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 laborers, readjust labor relationship, establish and safeguard the labor 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 laborers who form a labor relationship with them within the boundary of the Peoples Republic of China. State departments, institutional organizations and social groups and laborers who form a labor relationship with them shall follow this Law. Article 3 Laborers have the right to be employed on an equal basis, choose occupations, obtain remunerations for labor, take rests, have holidays and leaves, receive labor safety and sanitation protection, get training in professional skills, enjoy social insurance and welfare treatment, and submit applications for settlement of labor disputes, and other labor rights stipulated by law. Laborers shall fulfill their tasks of labor, improve their professional skills, follow rules on labor safety and sanitation, observe labor discipline and professional ethics. Article 4 The employer shall establish and perfect rules and regulations in accordance with law and guarantee that laborers enjoy labor right and fulfill labor obligations. Article 5 The State shall take various measures to promote employment, develop vocational education, formulate labor standards, regulate social incomes, perfect social insurance, coordinate labor relationships, and gradually raise the living level of laborers. Article 6 The State shall advocate laborers participation in social voluntary labor, labor competition, and activities of forwarding rational proposals; encourage and protect laborers in scientific research, technical renovation, and invention; and commend and award labor models and advanced workers. Article 7 Laborers shall have the right to participate in and organize trade unions in accordance with law. Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and stage activities independently in accordance with law. Article 8 Laborers shall take part in democratic management through workers congress, workers representative assembly, or any other forms in accordance with law, or consult with the employer on an equal footing about protection of the legitimate rights and interests of laborers. Article 9 The labor management department under the State Council shall take charge of the management of labor of the whole country. Local people's governments above the county level shall take charge of the management of labor in areas under their jurisdiction. Chapter 2 Promotion of Employment Article 10 The State shall create employment conditions and expand employment opportunities through promotion of economic and social development. The State shall encourage enterprises, institutional organizations, and social groups to start industries or expand businesses within the scope allowed by stipulations of laws and administrative decrees for the purpose of increasing employment. The State shall support laborers to organize and employ themselves on a voluntary basis and to get employed in individual businesses. Article 11 Local people's governments at various levels shall take measures to develop various kinds of job agencies and provide employment services. Article 12 Laborers shall not be discriminated against in employment due to their nationality, race, sex, or religious belief. Article 13 Women shall enjoy equal rights as men in employment. Sex shall not be used as a pretext for excluding women from employment during recruitment of workers unless the types of work or posts for which workers are being recruited are not suitable for women according to State regulations. Nor shall the standards of recruitment be raised when it comes to women. Article 14 Any special stipulations in laws and regulations about the employment of the disabled, minority people, and demobilized soldiers shall be observed. Article 15 The employer shall be banned from recruiting juveniles under the age of 16. Art, sports and special-skill units that plan to recruit juveniles under the age of 16 shall comply with the relevant provisions of the state and guarantee the right of the employed to receive compulsory education. Chapter 3 Labor Contracts and Collective Contracts Article 16 Labor contracts are agreements reached between laborers and the employer to establish labor relationships and specify the rights, interests and obligations of each party. Labor contracts shall be concluded if labor relationships are to be established. Article 17 Conclusion and alteration of labor contracts shall follow the principle of equality, voluntariness, and agreement through consultation. They shall not run counter to stipulations in laws or administrative decrees. Labor contracts shall become legally binding once they are concluded in accordance with law. The parties involved shall fulfill obligations stipulated in labor contracts. Article 18 The following labor contracts shall be invalid: (1) Labor contracts concluded against laws or administrative decrees; (2) Labor contracts concluded through cheating, threat, or any other means. Invalid labor contracts shall not be legally binding from the very beginning of their conclusion. If a labor contract is confirmed as being partially invalid, the other parts shall be valid if the parts that are invalid do not affect the validity of these other parts. The invalidity of a labor contract shall be confirmed by a labor dispute arbitration committee or a people's court. Article 19 Labor contracts shall be concluded in written form and contain the following clauses: (1) Time limit of the labor contract; (2) Content of work; (3) Labor protection and labor conditions; (4) Labor remunerations; (5) Labor disciplines; (6) Conditions for the termination of the labor contract; (7) Liabilities for violations of the labor contract. Apart from the necessary clauses specified in the preceding clause, the parties involved can include in their labor contracts other contents agreed upon by them through consultation. Article 20 The time limits of labor contracts shall be divided into fixed and flexible time limits and time limits for the completion of certain amount of work. Labor contracts with flexible time limits shall be concluded between the laborers and the employer if the former request for the conclusion of labor contracts with flexible time limits after working continuously with the employer for more than 10 years and with agreement between both of the parties involved to prolong their contracts. Article 21 Probation periods can be agreed upon in labor contracts. These probation periods shall not, however, exceed six months at the longest. Article 22 The parties involved in a labor contract can reach agreements in their labor contracts on matters concerning the keeping of the commercial secrets of the employer. Article 23 Labor contracts shall terminate upon the expiration of their time limits or the occurrence of the conditions agreed upon in labor contracts by the parties involved for terminating these contracts. Article 24 Labor contracts can be revoked with agreement reached between the parties involved through consultation. Article 25 The employer can revoke labor contracts should any one of the following cases occur with its laborers: (1) When they are proved during probation periods to be unqualified for employment; (2) When they seriously violate labor disciplines or the rules or regulations of the employer; (3) When they cause great losses to the employer due to serious dereliction of duties or engagement in malpractices for selfish ends; (4) When they are brought to hold criminal responsibilities in accordance with law. Article 26 The employer can revoke labor contracts should any one of the following cases occur, with its laborers to be notified, in written form, of such revocation in 30 days advance: (1) The laborers can neither take up their original jobs nor any other kinds of new jobs assigned by the employer after completion of medical treatment for their illnesses or injuries not suffered during work; (2) The laborers are incompetent at their jobs and remain as so even after training or after readjusting the work posts; (3) No agreements on an alteration of labor contracts can be reached through consultation between and by the parties involved when major changes taking place in the objective conditions serving as the basis of the conclusion of these contracts prevent them being implemented. Article 27 In case it becomes a must for the employer to cut down the number of workforce during the period of legal consolidation when it comes to the brink of bankruptcy or when it runs deep into difficulties in business, the employer shall explain the situation to its trade union or all of its employees 30 days in advance, solicit opinions from its trade union or the employees, and report to the labor administrative department before it makes such cuts. If the employer cuts its staff according to stipulations in this Article and then seeks recruits within six months, it shall first recruit those that have been cut. Article 28 The employer shall make economic compensations in accordance with relevant State regulations if it revokes labor contracts according to stipulations in Article 24, Article 26 and Article 27 of this Law. Article 29 The employer shall not revoke labor contracts in accordance with stipulations in Article 26 and Article 27 of this Law should any one of the following cases occur......