《中华人民共和国劳动法》英文版

Labor Law of the People's Republic of China

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(Adopted at he Eighth Meeting of the Standing Committee of the

Eighth ational Peoples Congress on July 5, 1994, promulgated by

Order o.28 of the President of the Peoples Republic of China on

July 5, 1994, and effective as of January 1, 1995)

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Chapter 1 - General Provisions

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Article 1

This Law is hereby formulated in accordance with the Constitution in

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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.

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Article 2

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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

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laborers who form a labor relationship with them shall follow this

Law.

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Article 3

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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

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skills, follow rules on labor safety and sanitation, observe labor

discipline and professional ethics.

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Article 4

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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.

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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 peoples 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

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employment opportunities through promotion of economic and social

development.

The State shall encourage enterprises, institutional organizations, and

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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

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on a voluntary basis and to get employed in individual businesses.

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Article 11

Local peoples governments at various levels shall take measures to

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develop various kinds of job agencies and provide employment

services.

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Article 12

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Laborers shall not be discriminated against in employment due to

their nationality, race, sex, or religious belief.

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Article 13

Women shall enjoy equal rights as men in employment. Sex shall not

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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. or shall the standards of recruitment be raised

when it comes to women.

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Article 14

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Any special stipulations in laws and regulations about the

employment of the disabled, minority people, and demobilized

soldiers shall be observed.

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Article 15

The employer shall be banned from recruiting juveniles under the age

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of 16.

Art, sports and special-skill units that plan to recruit juveniles under

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the age of 16 shall go through examination and approval procedures

according to relevant State regulations and guarantee the right of the

employed to receive compulsory education.

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Chapter 3 - Labor Contracts and Collective Contracts

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Article 16

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Labor contracts are agreements reached between laborers and the

employer to establish labor relationships and specify the rights,

interests and obligations of each party.

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Labor contracts shall be concluded if labor relationships are to be

established.

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Article 17

Conclusion and alteration of labor contracts shall follow the principle

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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

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in accordance with law. The parties involved shall fulfill obligations

stipulated in labor contracts.

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Article 18

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The following labor contracts shall be invalid;

(1) Labor contracts concluded against laws or administrative decrees;

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(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 peoples 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;

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(4) Labor remunerations;

(5) Labor disciplines;

(6) Conditions for the termination of the labor contract;

(7) Liabilities for violations of the labor contract.

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Apart from the necessary clauses specified in the preceding clause,

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the parties involved can include in their labor contracts other contents

agreed upon by them through consultation.

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Article 20

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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

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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 then 10 years and with agreement

between both of the parties involved to prolong their contracts.

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Article 21

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Probation periods can be agreed upon in labor contracts. These

probation periods shall not, however, exceed six months at the

longest.

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Article 22

The parties involved in a labor contract can reach agreements in their

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labor contracts on matters concerning the keeping of the commercial

secrets of the employer.

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Article 23

Labor contracts shall terminate upon the expiration of their time limits

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or the occurrence of the conditions agreed upon in labor contracts by

the parties involved for terminating these contracts.

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Article 24

Labor contracts can be revoked with agreement reached between the

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parties involved through consultation.

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Article 25

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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

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for employment;

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(2) When they seriously violate labor disciplines or the rules or

regulations of the employer;

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(3) When they cause great losses to the employer due to serious

dereliction of duties or engagement in malpractice for selfish ends;

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(4) When they are brought to hold criminal responsibilities in

accordance with law.

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Article 26

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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

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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

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after training or after readjusting the work posts;

(3) o agreements on a alteration of labor contracts can be reached

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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.

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Article 27

In case it becomes a must for the employer to cut down the number of

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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

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and then seeks recruits within six months, it shall first recruit those

that have been cut.

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Article 28

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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.

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Article 29

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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 with its laborers:

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(1) Those who are confirmed to have totally or partially lost their

labor ability due to occupational diseases or work-related injuries;

(2) Those who are receiving treatment for their diseases or injuries

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during prescribed period of time;

(3) Women employees during pregnancy, puerperium,* and nursing

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periods;

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(4) Others cases stipulated by laws and administrative decrees.

Article 30

The trade union shall have the right to air its opinions if it regards as

inappropriate the revocation of a labor contract by the employer. If

the employer violates laws, regulations or labor contracts, its trade

union shall have the right to ask for handling the case anew. If

laborers apply for arbitration or raise lawsuits, the trade union shall

render support and help in accordance with law.

Article 31

Laborers planning to revoke labor contracts shall give a written

notice to their employer in 30 days advance.

Article 32

Laborers can notify, at any time, their employer of their decision to

revoke labor contracts in any one of the following cases:

(1) During their periods of probation;

(2) If they are forced to work by the employer through means of

violence, threat or deprival of personal freedom in violation of law;

(3) Failure on the part of the employer to pay labor remunerations or

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to provide labor conditions as agreed upon in labor contracts.

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Article 33

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The employees of an enterprise as one party may conclude a

collective contract with the enterprise as another party on labor

renumerations, work hours, rests and leaves, labor safety and

sanitation, insurance, welfare treatment, and other matters.

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The draft collective contract shall be submitted to the workers

representative assembly or all the employees for discussion and

passage.

Collective contracts shall be signed by and between the trade union

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on behalf of the employees and the employer. In an enterprise that

has not yet set up a trade union, such contracts shall be signed by and

between representatives recommended by workers and the enterprise.

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Article 34

Labor contracts shall be reported to labor administrative departments

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after their conclusion. Labor contracts shall take effect automatically

if no objections are raised by these labor administrative departments

within 15 days after they are received.

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Article 35

Labor contracts concluded in accordance with law shall he binding

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on both the enterprise and all of its employees. The standards on

labor conditions and labor payments agreed upon in labor contracts

concluded between individual laborers and their enterprises shall not

be lower than those stipulated in collective contracts.

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Chapter 4 - Working Hours, Rests, and Leaves

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Article 36

The State shall practice a working hour system wherein laborers shall

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work for no more than eight hours a day and no more than 44 hours a

week on the average.

Article 36: The state shall practice a working hour system under

which laborers shall work no more than eight hours a day and no

more than 40 hours a week on average (as revision of May 1, 1997)

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Article 37

In case of laborers working on the basis of piecework, the employer

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shall rationally fix quotas of work and standards of piecework

remuneration in accordance with the working hour system stipulated

in Article 36 of this Law.

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Article 38

The employer shall guarantee that its laborers have at least one day

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off a week.

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Article 39

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If an enterprise can not follow the stipulations in Article 36 and

Article 38 of this Law due to special characteristics of its production,

it may follow other rules on work and rest with the approval by labor

administrative departments.

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Article 40

The employer shall arrange rests for laborers in accordance with law

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during the following holidays:

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(1) The ew Years Day;

(2) The Spring Festival;

(3) The International Labor Day;

(4) The ational Day;

(5) Other holidays stipulated by laws and regulations.

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Article 41

The employer can prolong work hours due to needs of production or

businesses after consultation with its trade union and laborers. The

work hours to be prolonged, in general, shall be no longer than one

hour a day, or no more than three hours a day if such prolonging is

called for due to special reasons and under the condition that the

physical health of laborers is guaranteed. The work time to be

prolonged shall not exceed, however, 36 hours a month.

Article 42

The prolonging of work hours shall not be subject to restrictions of

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stipulations of Article 41 of this Law in any one of the following

cases:

(1) eed for emergency treatment during occurrence of natural

disasters, accidents or other reasons that threaten the life, health or

property safety of laborers;

(2) eed for timely rush-repair of production equipment,

transportation lines or public facilities that have gone out of order

and as a result affect production and public interests;

(3) Other cases stipulated in laws and administrative decrees.

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Article 43

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The employer shall not prolong the work hours of laborers in

violation of the stipulations of this Law.

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Article 44

The employer shall pay laborers more wage remunerations than those

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for normal work according to the following standards in any one of

the following cases:

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(1) Wage payments to laborers no less than 150 per cent of their

wages if the laborers are asked to work longer hours;

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(2) Wage payments to laborers no less than 200 per cent of their

wages if no rest can be arranged afterwards for the laborers asked to

work on days of rest;

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(3) Wage payments to laborers no less than 300 per cent of their

wages if the laborers are asked to work on legal holidays.

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Article 45

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The State follows the system of annual leaves with pay.

Laborers shall be entitled to annual leaves with pay after working for

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more than one year continuously. Specific rules on this shall be

worked out by the State Council.

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Chapter 5 - Wages

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Article 46

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Distribution of wages shall follow the principle of distribution

according to work and equal pay for equal work.

The level of wages shall be raised gradually on the basis of economic

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development. The State shall exercise macro regulation and control

over total payrolls.

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Article 47

The employer shall fix its form of wage distribution and wage level

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on its own and in accordance with this Law according to the

characteristics of its production and businesses and economic

efficiency.

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Article 48

The State shall implement a system of guaranteed minimum wages.

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Specific standards on minimum wages shall be stipulated by

provincial, autonomous regional and municipal peoples governments

and reported to the State Council for registration.

The employer shall pay laborers wages no lower than local standards

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on minimum wages.

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Article 49

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Standards on minimum wages shall be fixed and readjusted with

comprehensive reference to the following factors:

(1) The lowest living costs of laborers themselves and the number of

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family members they support;

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(2) Average wage level of the society as a whole;

(3) Productivity;

(4) Situation of employment;

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(5) Differences between regions in their levels of economic

development.

Article 50

Wages shall be paid to laborers themselves in the form of currency

on a monthly basis. The wages payable to laborers shall not be

deducted or delayed without reason.

Article 51

The employer shall pay wages to laborers in accordance with law

when they have legal holidays, take leaves during periods of

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marriage or mourning, and participate in social activities in

accordance with law.

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Chapter 6 - Labor Safety and Sanitation

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Article 52

The employer shall establish and perfect its system for labor safety

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and sanitation, strictly abide by State rules and standards on labor

safety and sanitation, educate laborers in labor safety and sanitation,

prevent accidents in the process of labor, and reduce occupational

hazards.

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Article 53

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Labor safety and sanitation facilities shall meet State-fixed standards.

The labor safety and sanitation facilities of new projects and projects

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of renovation and expansion shall be designed, constructed and put

into operation and use at the same time as the main projects.

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Article 54

The employer shall provide laborers with labor safety and sanitation

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conditions meeting State stipulations and necessary articles of labor

protection, and carry out regular health examination for laborers

engaged in work with occupational hazards.

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Article 55

Laborers to be engaged in special operations shall receive specialized

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training and acquire qualifications for these special operations.

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Article 56

Laborers should strictly follow rules on safe operation in the process

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of labor.

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Laborers shall have the right to refuse to follow orders if the

management personnel of the employer direct or force them to work

in violation of regulations, and to criticize, expose and accuse any

acts endangering the safety of their life and physical health.

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Article 57

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The State shall establish a system for the statistical report and

treatment of accidents of injuries or deaths and cases of occupational

diseases. The labor administrative departments and other relevant

departments under the peoples governments at or above the county

level and the employer shall, in accordance with 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.

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Chapter 7 - Special Protection for Female Staff and Workers and

Juvenile Workers

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Article 58

The State provides special protection to female staff and workers and

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juvenile workers. Juvenile workers refer to laborers up to 16 years

old but below 18 years old.

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Article 59

It is forbidden to arrange underground work for women workers at

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mines, or any labor with Grade IV physical labor intensity as

stipulated by the State, or other labor forbidden to women.

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Article 60

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It is forbidden to engage women workers in work high above the

ground, under low temperatures, or in cold water during their

menstrual periods or labor with Grade III physical labor intensity as

stipulated by the State.

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Article 61

It is forbidden to engage women workers during their pregnancy in

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work with Grade III physical labor intensity as stipulated by the State

or other work the State prevents them from doing during pregnancy.

It is forbidden to prolong the work hours of women workers pregnant

for seven months or ask them to work night shifts.

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Article 62

Birth-giving women workers shall be entitled to maternity leaves no

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shorter than 90 days.

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Article 63

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It is forbidden to engage women workers in work with Grade III

physical labor intensity as stipulated by the State during their breast-

feeding of babies less than one year old and other labor the Sate

prevents them from doing during their breast feeding periods.

either shall their work hours be prolonged nor they be asked to

work night shifts during these periods.

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Article 64

It is forbidden to engage underage workers in work under wells at

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mines, poisonous or harmful work, labor Grade IV physical labor

intensity as stipulated by the State, or any other labour the State

prevents them from doing.

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Article 65

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The employer shall carry out regular physical examinations for

underage workers.

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Chapter 8 - Professional Training

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Article 66

The State shall promote the cause of professional training through

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various channels and by various measures to develop the professional

skills of laborers, improve their quality, and strengthen their

employment and work abilities.

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Article 67

Peoples governments at all levels shall include professional training

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into their programs for social and economic development, and

encourage and support enterprises, institutional organizations, social

groups, and individuals to carry out professional training in various

forms.

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Article 68

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The employer shall establish a system for professional training,

extract and use funds for professional training according to State

regulations, and provide laborers with professional training in a

planned way and according to its specific conditions.

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Laborers to be engaged in technical work shall receive training

before taking up their posts.

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Article 69

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The State shall determine occupational classification, set up

professional skill standards for specific occupations, and practice a

system of professional qualification certificates. Examination and

appraisal organizations authorized by governments shall be charged

to carry out examination and appraisal of the professional skills of

laborers.

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Chapter 9 - Social Insurance and Welfare Treatment

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Article 70

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The State shall promote the development of the cause of social

insurance, establish a social insurance system, and set up social

insurance funds so that laborers can receive help and compensation

when they become old, suffer diseases or work-related injuries, lose

their jobs, and give birth.

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Article 71

The level of social insurance shall be brought in line with the level of

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social and economic development and social sustainability.

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Article 72

The sources of social insurance funds shall be determined according

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to the categories of insurance, and the practice of unified

accumulation of insurance funds shall be introduced. The employer

and individual laborers shall participate in social insurance in

accordance with law and pay social insurance costs.

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Article 73

Laborers shall be entitled to social insurance treatment in any one of

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the following cases:

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(1) Retire;

(2) Suffer diseases or injuries;

(3) Become disabled during work or suffer occupational diseases;

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(4) Become jobless;

(5) Give births.

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The dependents of the laborer who dies shall enjoy, in accordance

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with law, subsidies provided to these dependents.

The conditions and standards on the eligibility of laborers for social

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insurance treatment shall be stipulated by laws and regulations.

The social insurance funds for laborers shall be paid in due time and

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in full.

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Article 74

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Organizations charged with the task of handling social insurance

funds shall collect, keep and use social insurance funds in accordance

with stipulations in laws, and assume the responsibility to guarantee

and multiply the value of these funds.

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Organizations charged to supervise social insurance funds shall

supervise in accordance with law stipulations, the collection, keeping

and use of social insurance funds.

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The establishment and functioning of the organizations in the

preceding two clauses shall be specified by law.

o unit or individuals shall be allowed to use social insurance funds

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for other purposes.

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Article 75

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The State encourages the employer to set up supplementary

insurance for laborers according to its practical conditions.

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Article 76

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The State shall promotes the development of the social welfare

cause, construct public welfare facilities, and provide conditions for

laborers to rest and recuperate and convalesce.

The employer shall create conditions to improve collective welfare

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and provide laborers with better welfare treatment.

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Chapter 10 - Labor Disputes

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Article 77

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In case of labor disputes between the employer and laborers, the

parties concerned can apply for mediation or arbitration, bring the

case to courts, or settle them through consultation.

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The principle of mediation is applicable to arbitration and court

procedures.

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Article 78

Labor disputes shall be settled according to the principle of justice,

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fairness, and promptness so as to safeguard the legitimate rights and

interests of the parties involved in these disputes in accordance with

law.

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Article 79

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Once a labor dispute occurs, the parties involved can apply to the

labor 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 labor dispute arbitration

committee for arbitration. Any one of the parties involved in the case

can also apply to a labor dispute arbitration committee for arbitration.

The party that has objections to the ruling of the labor arbitration

committee can bring the case to a peoples court.

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Article 80

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A labor 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 labor disputes through mediations shall be

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implemented by the parties involved.

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Article 81

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Labor dispute arbitration committees shall be composed of the

representatives of labor 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 labor administrative department.

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Article 82

The party that asks for arbitration shall file a written application to a

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labor dispute arbitration committee within 60 days starting from the

date of the occurrence of a labor 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.

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Article 83

If any of the parties involved in a labor dispute has objections to an

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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.

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Article 84

Cases of disputes resulted from the conclusion of collective contracts

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shall be handled through consultation by all the parties concerned

brought together by the labor 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

labor 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.

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Chapter 11 - Supervision and Inspection

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Article 85

The labor administrative departments under peoples governments at

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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 behavior that runs counter to labor laws and regulations and

order correction.

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Article 86

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The supervisors and inspectors of the labor 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 labor laws and regulations, consult data they deem

necessary, and inspect labor spots.

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The supervisors and inspectors of the labor 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

Relevant 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 labor laws and

regulations.

Article 88

Trade unions at various levels shall safeguard the legitimate rights

and interests of laborers, and supervise the employer in its

observance of labor laws and regulations.

All units and individuals shall have the right to expose and accuse

behaviors that go against labor laws and regulations.

Chapter 12 - Legal Responsibilities

Article 89

If the rules and regulations on labor formulated by the employer run

counter to the provisions of laws and regulations, it shall be given a

warning by labor administrative departments, ordered to make

corrections, and asked to hold responsibility over harms that may be

done to laborers.

Article 90

If the employer prolongs work hours in violation of stipulations in

this Law, labor administrative departments can give it a warning,

order it to make corrections, and may impose a fine thereon.

Article 91

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The employer involved in any one of the following cases that

encroach upon the legitimate rights and interests of laborers shall be

ordered by labor administrative departments to pay laborers 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 laborers;

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(2) Refusal to pay laborers wage remunerations for working longer

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hours;

(3) Payment of wages to laborers below local standards on minimum

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wages;

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(4) Failure to provide laborers with economic compensations in

accordance with this Law after revocation of labor contracts.

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Article 92

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The employer whose labor safety facilities and labor sanitation

conditions fall short of State regulations or who fails to provide

laborers with necessary labor protection articles and labor protection

facilities shall be ordered by labor 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 laborers life

or properties.

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Article 93

Criminal responsibilities shall be fixed upon the persons in charge in

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accordance with law if the employer forces laborers to venture to

work against regulations and as a result cause major accidents of

injuries and deaths and serious consequences.

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Article 94

The employer that recruits juveniles below the age of 16 in violation

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of law shall be ordered by labor 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.

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Article 95

The employer that encroaches upon the legitimate rights and interests

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of women and underage workers in violation of the stipulations of

this Law on their protection shall be ordered by labor administrative

departments to make corrections, and fined. That which causes harms

to women and underage workers shall assume the responsibility over

making compensations.

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Article 96

The responsible person of the employer involved in any one of the

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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

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force labor;

(2) Humiliation, corporal punishment, beating, and illegal search or

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holding of laborers.

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Article 97

The employer shall assume the responsibility over compensation for

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losses caused to laborers by the invalidity of contracts due to reasons

on the part of the employer.

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Article 98

The employer that revokes labor contracts or purposely delays the

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conclusion of labor contracts in violation of the conditions specified

in this Law shall be ordered by labor administrative departments to

make corrections and assume responsibility over compensation for

any losses that may be sustained by laborers therefrom.

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Article 99

The employer that recruits laborers whose labor contracts have not

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yet canceled, thus causing economic losses to the former employer,

shall assume joint liabilities for compensation according to law.

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Article 100

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The employer that refuses to pay social insurance funds shall be

ordered by labor 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.

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Article 101

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The employer that unjustifiably prevent labor administrative

departments and other relevant departments as well as their workers

from exercising supervision and inspection powers or retaliates

informers shall be fined by labor administrative departments or other

relevant departments. If a crime is committed, the person in charge

shall be brought to hold criminal responsibilities.

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Article 102

Laborers who revoke labor contracts in violation of the conditions

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specified in this Law or violate terms on secret keeping matters

agreed upon in labor contracts shall be asked to hold responsibility

over compensation in accordance with law if their violation causes

economic losses to the employer.

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Article 103

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Criminal responsibilities shall be fixed upon the workers of labor

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.

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Article 104

Public servants and the workers of organizations charged to handle

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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.

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Article 105

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If other laws or administrative decrees have already specified

punishments for encroachment upon the legitimate rights and

interests of laborers 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 labor 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.

[Endnotes]

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