Labor Law of the People's Republic of China (Amended in 2009)
Labor Law of the People's Republic of China (Amended in 2009)
Labor Law of the People's Republic of China (Amended in 2009)
Order of the President of the People's Republic of China No. 18
August 27, 2009
(Adopted at the 8th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 and promulgated under the Order of the President of the People's Republic of China No. 28 on July 5, 1994; and amended according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 and promulgated under the Order of the President of the People's Republic of China No. 18)
Table of Contents
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacations
Chapter V Wages
Chapter VI Occupational Safety and Health
Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Responsibility
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of Laborers, regulate Labor relationship, establish and safeguard a Labor system suited to the socialist market economy, and promote economic development and social progress.
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.
State organs, institutions and public organizations as well as Laborers who form a Labor contract relationship therewith shall be bound by this Law.
(Relevant articles: Articles 1 Practical materials 1)
Article 3 Laborers shall have equal right to employment and choice of occupation, the right to remuneration for Labor, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of Labor disputes for settlement and other rights relating to Labor stipulated by law.
Laborers shall fulfill their Labor tasks, improve their vocational skills, follow rules on occupational safety and health, and observe Labor discipline and professional ethics.
(Relevant articles: Articles 2 Practical materials 1)
Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that Laborers enjoy the right to work and fulfill Labor obligations.
(Relevant articles: Articles 4 )
Article 5 The State shall take various measures to promote employment, develop vocational education, lay down Labor standards, regulate social incomes, perfect social insurance system, coordinate Labor relationship, and gradually raise the living standard of Laborers.
Article 6 The State shall advocate the participation of Laborers in social voluntary Labor and the unfolding of Labor emulation and rational proposals campaign, encourage and protect Laborers in conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers.
Article 7 Laborers shall have the right to participate in, and organize, trade unions in accordance with the law.
Trade unions shall represent and safeguard the legitimate rights and interests of Laborers, and independently carry out their activities in accordance with the law.
Article 8 Laborers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of Laborers through the assembly of staff and workers or their congress or other forms as provided by law.
(Relevant articles: Articles 1)
Article 9 The administrative department of Labor under the State Council shall be in charge of the management of Labor in the whole country.
The administrative departments of Labor under the local people's governments at or above the county level shall be in charge of the management of Labor in their respective administrative areas.
Chapter II Promotion of Employment
Article 10 The State shall create conditions for employment and increase opportunities therefore by means of promotion of economic and social development.
The State shall encourage enterprises, institutions and public organizations to initiate industries or expand businesses for the increase of employment, within the scope provided by laws, and administrative rules and regulations.
The State shall support Laborers to achieve employment by organizing themselves on a voluntary basis or by engaging in individual businesses.
Article 11 Local people's governments at various levels shall take measures, by developing employment agencies of various forms, to provide employment services.
Article 12 Laborers, regardless of their ethnic group, race, sex, or religious belief, shall not be discriminated against in employment.
(Relevant articles: Articles 1)
Article 13 Women shall enjoy the equal right, with men, to employment. With exception of the special types of work or post unsuitable to women as prescribed by the State, no unit may, in employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women.
(Relevant articles: Articles 1)
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.
Article 15 No employing units are allowed to recruit minors under the age of 16.
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.
(Relevant articles: Articles 2)
Chapter III Labor Contracts and Collective Contracts
Article 16 A Labor contract is an agreement that establishes the Labor relationship between a laborer and an employing unit and defines the rights and obligations of respective parties.
A Labor contract shall be concluded where a Labor relationship is to be established.
(Relevant articles: Articles 2)
Article 17 Conclusion and modification of a Labor 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.
A Labor contract once concluded in accordance with the law shall be legally binding. The parties must fulfill the obligations stipulated in the Labor contract.
Article 18 The following Labor contracts shall be invalid:
1. Labor contracts violating laws, administrative rules and regulations; and
2. Labor contracts concluded by means of fraud or intimidation, etc.
An invalid Labor contract shall have no legal effect from the time of its conclusion. 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 invalidity of a Labor contract shall be confirmed by a Labor dispute arbitration committee or a people's court.
Article 19 A Labor contract shall be concluded in written form and contain the following clauses:
1. Term of a Labor contract;
2. Work assignment;
3. Labor protection and working conditions;
4. Labor remuneration;
5. Labor discipline;
6. Conditions for the termination of the Labor contract; and
7. Liabilities for the violation of the Labor contract.
Apart from the required clauses specified in the preceding paragraph, a Labor contract may contain other clauses agreed upon by the parties through consultation.
(Relevant articles: Articles 1 Practical materials 1)
Article 20 The term of a Labor contract is classified into fixed term, non-fixed term and the completion of a specific assignment as a term.
Where a Laborer has worked in the same employing unit for ten consecutive years or more and both parties agree to extend the term of the Labor contract, if the Laborer requests the conclusion of a Labor contract with a non-fixed term, a Labor contract with a non-fixed term shall be concluded.
(Relevant articles: Articles 1)
Article 21 A probation period may be specified in a Labor contract.
......
Order of the President of the People's Republic of China No. 18
August 27, 2009
(Adopted at the 8th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 and promulgated under the Order of the President of the People's Republic of China No. 28 on July 5, 1994; and amended according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009 and promulgated under the Order of the President of the People's Republic of China No. 18)
Table of Contents
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacations
Chapter V Wages
Chapter VI Occupational Safety and Health
Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Responsibility
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of Laborers, regulate Labor relationship, establish and safeguard a Labor system suited to the socialist market economy, and promote economic development and social progress.
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.
State organs, institutions and public organizations as well as Laborers who form a Labor contract relationship therewith shall be bound by this Law.
(Relevant articles: Articles 1 Practical materials 1)
Article 3 Laborers shall have equal right to employment and choice of occupation, the right to remuneration for Labor, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of Labor disputes for settlement and other rights relating to Labor stipulated by law.
Laborers shall fulfill their Labor tasks, improve their vocational skills, follow rules on occupational safety and health, and observe Labor discipline and professional ethics.
(Relevant articles: Articles 2 Practical materials 1)
Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that Laborers enjoy the right to work and fulfill Labor obligations.
(Relevant articles: Articles 4 )
Article 5 The State shall take various measures to promote employment, develop vocational education, lay down Labor standards, regulate social incomes, perfect social insurance system, coordinate Labor relationship, and gradually raise the living standard of Laborers.
Article 6 The State shall advocate the participation of Laborers in social voluntary Labor and the unfolding of Labor emulation and rational proposals campaign, encourage and protect Laborers in conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers.
Article 7 Laborers shall have the right to participate in, and organize, trade unions in accordance with the law.
Trade unions shall represent and safeguard the legitimate rights and interests of Laborers, and independently carry out their activities in accordance with the law.
Article 8 Laborers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of Laborers through the assembly of staff and workers or their congress or other forms as provided by law.
(Relevant articles: Articles 1)
Article 9 The administrative department of Labor under the State Council shall be in charge of the management of Labor in the whole country.
The administrative departments of Labor under the local people's governments at or above the county level shall be in charge of the management of Labor in their respective administrative areas.
Chapter II Promotion of Employment
Article 10 The State shall create conditions for employment and increase opportunities therefore by means of promotion of economic and social development.
The State shall encourage enterprises, institutions and public organizations to initiate industries or expand businesses for the increase of employment, within the scope provided by laws, and administrative rules and regulations.
The State shall support Laborers to achieve employment by organizing themselves on a voluntary basis or by engaging in individual businesses.
Article 11 Local people's governments at various levels shall take measures, by developing employment agencies of various forms, to provide employment services.
Article 12 Laborers, regardless of their ethnic group, race, sex, or religious belief, shall not be discriminated against in employment.
(Relevant articles: Articles 1)
Article 13 Women shall enjoy the equal right, with men, to employment. With exception of the special types of work or post unsuitable to women as prescribed by the State, no unit may, in employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women.
(Relevant articles: Articles 1)
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.
Article 15 No employing units are allowed to recruit minors under the age of 16.
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.
(Relevant articles: Articles 2)
Chapter III Labor Contracts and Collective Contracts
Article 16 A Labor contract is an agreement that establishes the Labor relationship between a laborer and an employing unit and defines the rights and obligations of respective parties.
A Labor contract shall be concluded where a Labor relationship is to be established.
(Relevant articles: Articles 2)
Article 17 Conclusion and modification of a Labor 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.
A Labor contract once concluded in accordance with the law shall be legally binding. The parties must fulfill the obligations stipulated in the Labor contract.
Article 18 The following Labor contracts shall be invalid:
1. Labor contracts violating laws, administrative rules and regulations; and
2. Labor contracts concluded by means of fraud or intimidation, etc.
An invalid Labor contract shall have no legal effect from the time of its conclusion. 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 invalidity of a Labor contract shall be confirmed by a Labor dispute arbitration committee or a people's court.
Article 19 A Labor contract shall be concluded in written form and contain the following clauses:
1. Term of a Labor contract;
2. Work assignment;
3. Labor protection and working conditions;
4. Labor remuneration;
5. Labor discipline;
6. Conditions for the termination of the Labor contract; and
7. Liabilities for the violation of the Labor contract.
Apart from the required clauses specified in the preceding paragraph, a Labor contract may contain other clauses agreed upon by the parties through consultation.
(Relevant articles: Articles 1 Practical materials 1)
Article 20 The term of a Labor contract is classified into fixed term, non-fixed term and the completion of a specific assignment as a term.
Where a Laborer has worked in the same employing unit for ten consecutive years or more and both parties agree to extend the term of the Labor contract, if the Laborer requests the conclusion of a Labor contract with a non-fixed term, a Labor contract with a non-fixed term shall be concluded.
(Relevant articles: Articles 1)
Article 21 A probation period may be specified in a Labor contract.
......