LABOUR LAW OF THE PEOPLE'S REPUBLIC OF CHINA Translated by the Legislative Affairs Commission of the Standing Committee Of the National People's Congress of the People's Republic of China Order of the President of the People's Republic of China No.28 The Labour Law of the People's Republic of China, adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on July 5, 1994, is hereby promulgated and shall enter into force as of January 1, 1995. Jiang Zemin President of the People's Republic of China July 5, 1994 LABOUR 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, promulgated by Order No. 28 of the President of the People's Republic of China, and effEctive as of January 1, 1995) Contents Chapter I General Provisions Chapter II Promotion of Employment Chapter III Labour Contracts and Collective Contracts Chapter IV Working Hours Rest and Vaca tions Chapter V Wages Chapter VI Occupational Safety and Health Chapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational Training Chapter IX Social Insurance and Welfare Chapter X Labour 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 labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress. Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the boundary of the People's Republic of China and labourers who form a labour relationship therewith. State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law. Article 3 Labourers shall have the right to be employed on an equal basis,choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law. Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics. Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations 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 labour relationship, and gradually raise the living standard of labourers. Article 6 The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers. Article 7 Labourers 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 labourers, and independently conduct their activities in accordance with the law. Article 8 Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers. Article 9 The labour administrative department of the State Council shall be in charge of the management of labour of the whole country. The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction. -- -- -- Chapter VI Occupational Safety and Health Article 52 The employing unit must establish and perfect the system for occupational safety and health. strictly implement the rules and standards of the State on occupational safety and health, educate labourers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards. Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State. Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects. Article 54 The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and provide regular health examination for labourers engaged in work with occupational hazards. Article 55 Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations. Article 56 Labourers must strictly abide by rules of safe operation in the process of their work. Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations or force labourers to run risks in operation; labourers shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health. Article 57 The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and other relevant departments of the people's governments at or above the county level and the employing unit shall, according to law, compile statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases. .