What are the labor laws in China?
The Labor Law of the People’s Republic of China was enacted following the Constitution to protect the legitimate rights and interests of workers, regulate labor relations, establish and maintain a labor system that adapts to the socialist market economy, and promote economic development social progress.
Adopted at the eighth meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994. First amended following the Decision on Amending Some Laws of the Tenth Session of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009. Secondly amended following the Decision on Amending Seven Laws, including the Labor Law of the People’s Republic of China, of the Seventh Session of the Standing Committee of the Thirteenth National People’s Congress on December 29, 2018.
Chapter I General Provisions
Article 1 This Law is enacted following the Constitution to protect workers’ legitimate rights and interests, regulate labor relations, establish and maintain a labor system that adapts to the socialist market economy, and promote economic development and social progress.
Article 2 In the People’s Republic of China, enterprises, individual economic organizations (from now on collectively referred to as the employer), and workers who form labor relations with them apply this Law.
State organs, institutions, social organizations, and labor relations establish labor contracts following this Law.
Article 3 Workers have the right to equal employment and choice of occupation, the right to labor remuneration, the right to rest and leave, the right to occupational safety and health protection, the right to vocational skills training, the right to social insurance and welfare, the right to submit labor disputes, and other labor rights provided by Law.
Workers should complete labor tasks, improve occupational skills, implement labor safety and health procedures, and comply with labor discipline and professional ethics.
Article 4 The employer shall establish and improve the rules and regulations following the Law to ensure that workers enjoy labor rights and fulfill their labor obligations.
Article 5 The State takes various measures to promote employment, the development of vocational education, the development of labor standards, regulation of social income, improved social insurance, coordination of labor relations, and gradually improving workers’ living standards.
Article 6 The State advocates workers to participate in voluntary social work, labor competitions, and rationalization activities to encourage and protect workers from scientific research, technological innovation and inventions, commend and reward model workers and advanced workers.
Article 7 workers have the right to join and organize trade unions following the Law.
Trade unions represent and protect workers’ legitimate rights and interests and carry out activities independently and autonomously following the Law.
Article 8 workers following the provisions of the Law, through the workers’ assembly, workers’ congresses, or other forms of participation in democratic management or equal consultation with the employer on protecting the legitimate rights and interests of workers.
Article IX of the State Council administrative department of labor is in charge of the national labor work.
Local people’s governments at or above the county level administrative department of labor are in charge of labor work within its administrative region.
Chapter II Promotion of Employment
Article 10 The State creates employment conditions and expands employment opportunities by promoting economic and social development.
The State encourages enterprises, institutions, organizations, and social groups to set up industries or expand their operations within the scope of laws and administrative regulations to increase employment.
The State supports the voluntary organization of workers to achieve employment and engage in self-employment.
Article XI of the local people’s governments at all levels shall take measures to develop a variety of types of employment agencies to provide employment services.
Article XII of workers’ employment, without discrimination based on ethnicity, race, gender, religious beliefs.
Article 13 Women enjoy equal employment rights with men. When hiring workers, except for the types of jobs or positions not suitable for women as stipulated by the State, they shall not refuse to hire women or raise women’s hiring standards based on gender.
Article XIV of the disabled, ethnic minorities, the employment of military personnel who have retired from active service, the laws and regulations have special provisions, from its provisions.
Article 15 prohibits employers from employing minors under the age of sixteen.
Arts, sports, and unique craft units recruiting minors under the age of sixteen must comply with relevant state regulations and protect their right to compulsory education.
Chapter III Labor Contracts and Collective Contracts
Article XVI of the labor contract is an agreement between the worker and the employer to establish labor relations and clarify both parties rights and obligations.
The establishment of labor relations should be concluded labor contract.
Article XVII of the conclusion and change of labor contracts shall follow the principle of equality and voluntariness, consensus and shall not violate the provisions of laws and administrative regulations.
A labor contract concluded following the Law is legally binding; the parties must fulfill the labor contract obligations.
Article 18 The following labor contracts are null and void.
(a) Labor contracts that violate laws and administrative regulations.
(2) Labor contracts concluded by fraud, threat, or other means.
An invalid labor contract is not legally binding from the time of its conclusion. If the part of the labor contract is confirmed to be invalid, the rest of the contract remains valid if it does not affect the rest of the contract’s validity.
The labor contract’s invalidity shall be confirmed by the Labor Dispute Arbitration Commission or the People’s Court.
Article 19 The labor contract shall be concluded in writing and have the following provisions.
(a) The term of the labor contract.
(B) the content of the work.
(C) labor protection and labor conditions.
(D) labor remuneration.
(E) labor discipline
(6) The conditions of termination of the labor contract
(vii) liability for violation of the labor contract.
In addition to the labor contract’s necessary provisions in the preceding paragraph, the parties may agree on other content.
Article 20 The term of the labor contract is divided into fixed-term, open-ended, and to complete a certain period of work.
If a worker has worked continuously for more than ten years in the same employer, and the parties agree to renew the labor contract if the worker proposes to conclude an employment contract for an indefinite term, an employment contract for an indefinite term shall be concluded.
Article 21 The labor contract may agree on a probationary period. The maximum probationary period shall not exceed six months.
Article 22 The parties to an employment contract may agree in the employment contract to keep the employer’s commercial secrets.
Article 23 The labor contract shall be terminated upon the expiration of the labor contract or upon the occurrence of the conditions for termination of the labor contract agreed by the parties.
Article 24 The labor contract may be terminated by the consensus of the parties to the labor contract.
Article 25 The employer may terminate the labor contract if the worker has one of the following circumstances.
(A) during the probationary period proved to be incompatible with the conditions of employment.
(B) severe violations of labor discipline or the employer’s rules and regulations
(C) serious dereliction of duty, self-interest, causing significant damage to the interests of the employer.
(D) be held criminally responsible.
The employer may terminate the employment contract under article 26 of the following circumstances but shall notify the worker in writing thirty days in advance.
(A) the worker is ill or injured not due to work, after the expiration of the medical period, can not perform the original work, and can not be engaged in the work arranged by the employer.
(2) The worker is unable to perform his or her job and, after training or job adjustment, is still unable to perform his or her job
(3) Significant changes in the objective circumstances under which the labor contract was concluded, resulting in the original labor contract cannot be performed. The parties cannot reach an agreement on changing the labor contract after consultation.
Article 27 The employer is on the verge of bankruptcy during the legal rectification of severe difficulties in production and operation, it is necessary to lay off staff, shall explain the situation to the trade union or all employees 30 days in advance, listen to the views of the trade union or employees, after reporting to the labor administration department, can lay off staff.
The employer, according to this article’s provisions, to reduce the number of personnel within six months of hire, shall be given priority to hire the laid-off staff.
Article 28 The employer, following Article 24, Article 26, Article 27 of this Law, the termination of the labor contract shall be given economic compensation in accordance with relevant state regulations.
Article 29 The employer shall not terminate the labor contract in accordance with the provisions of Article 26 and Article 27 of this Law if the worker has one of the following circumstances.
(A) suffering from occupational diseases or work-related injuries and confirmed loss or partial loss of working capacity
(2) Illness or injury within the prescribed medical period
(3) Female workers during pregnancy, maternity, or breastfeeding period
(D) other circumstances specified in laws and administrative regulations.
Article 30 The employer terminates the labor contract, the trade union considers inappropriate, the right to submit comments. If the employer violates the laws, regulations, or labor contract, the trade union has the right to request a new treatment; if the worker applies for arbitration or files a lawsuit, the trade union shall give support and assistance in accordance with the Law.
Article 31 The worker shall terminate the labor contract by notifying the employer in writing thirty days in advance.
Article 32 The worker may at any time notify the employer of the termination of the labor contract in one of the following cases.
(A) during the probationary period
(B) the employer forced labor by violence, threats, or illegal means of restricting personal freedom
(C) the employer fails to pay labor remuneration or provide labor conditions as agreed in the labor contract.
Article 33 The enterprise and the enterprise’s employee side can be on labor remuneration, working hours, rest and leave, labor safety and health, insurance, and welfare matters, signed a collective contract. The draft collective contract shall be submitted to the staff representative assembly or all employees to discuss and adopt.
The trade union shall sign the collective contract on behalf of the workers and the enterprise; no trade union in the enterprise, by the representatives elected by the workers and the enterprise.
Article 34 The collective contract shall be signed and submitted to the administrative department of labor; labor administration department from the date of receipt of the collective contract’s text within fifteen days without objection, the collective contract shall take effect.
Article 35 The collective contract signed according to the Law is binding on the enterprise and all enterprise employees. Individual employees and the enterprise entered into a labor contract labor conditions and labor remuneration and other standards shall not be lower than the provisions of the collective contract.
Chapter IV Working Hours and Rest and Vacation
Article 36 The State implements a working hours system in which workers’ daily working hours do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.
Article 37 The implementation of piecework workers, the employer shall reasonably determine the labor quota and piecework compensation standards in accordance with the working hour system stipulated in Article 36 of this Law.
Article 38 The employer shall ensure that workers have at least one day off per week.
Article 39 The enterprise can not implement the provisions of Article 36 and Article 38 of this Law due to product characteristics. The labor administration department, for approval, can implement other work and rest methods.
Article 40 The employer shall arrange for workers to take leave during the following festivals in accordance with the Law.
(A) New Year’s Day.
(B) Spring Festival.
(C) International Labor Day
(D) National Day
(E) the laws and regulations provide for other holidays off.
Article 41 The employer, due to production and business needs, after consultation with trade unions and workers, can extend working hours, generally, not more than one hour per day; for special reasons, need to extend working hours in the protection of the health of workers under the conditions of extended working hours shall not exceed three hours per day, but not more than thirty-six hours per month.
Article 42 of the following circumstances, extended working hours are not subject to Article 41 of this Law’s provisions.
(A) natural disasters, accidents, or for other reasons, threatening the life and health of workers and the safety of property, requiring emergency treatment
(B) production equipment, transportation lines, public facilities failure, affecting production and public interest, must be promptly repaired
(C) other circumstances specified in laws and administrative regulations.
Article 43 The employer shall not violate the provisions of this Law to extend workers’ working hours.
Article 44 In any of the following cases, the employer shall pay wages higher than the workers’ wages for regular working hours in accordance with the following standards.
(a) arrange for workers to work longer hours, pay a wage remuneration of not less than one hundred and fifty percent of wages.
(2) If a worker is scheduled to work on a rest day and no compensatory time off can be arranged, a wage payment of not less than two hundred percent of the wage shall be paid.
(C) the statutory holidays arranged for workers to work, pay not less than three hundred percent of wages.
Article 45 The State implements the system of annual leave with pay.
Workers who have worked continuously for more than one year enjoy paid annual leave. The specific measures prescribed by the State Council.
Chapter V Wages
Article 46 The distribution of wages shall follow the principle of distribution according to labor, the implementation of equal pay for equal work.
Wage level based on economic development to gradually increase. State macro-control of the total wage.
Article 47 The employer according to the unit’s production and operation characteristics and economic efficiency, the unit’s wage distribution, and wage levels in accordance with Law.
Article 48 The State implements a minimum wage guarantee system. The minimum wage’s specific standards by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government reported to the State Council for the record.
The employer shall not pay workers less than the local minimum wage standard.
Article 49 The minimum wage standard’s determination and adjustment should be a comprehensive reference to the following factors: (a) the workers themselves and the average wage.
(A) the minimum cost of living for the worker himself and the average dependent population.
(B) the average social wage level.
(C) labor productivity.
(iv) Employment status
(E) the differences in the level of economic development between regions.
Article 50 Wages shall be paid in monetary form to the workers themselves every month. No deduction or unexplained arrears of wages.
Article 51 The employer shall pay wages during statutory holidays and wedding and funeral leave and social activities in accordance with the Law.
Chapter VI labor safety and health
Article 52 The employer must establish and improve the labor safety and health system, the strict implementation of national labor safety and health regulations and standards, labor safety, and health education to prevent accidents in the labor process and reduce occupational hazards.
Article 53 labor safety and health facilities must meet the national standards.
New construction, alteration, expansion project labor safety, and health facilities must be designed simultaneously as the main project, construction, and production and use.
Article 54 The employer must provide workers with labor safety and health conditions in line with national regulations and the necessary labor protection supplies. Workers engaged in occupational hazards should be regular health checks.
Article 55 The workers engaged in special operations must be specially trained and qualified for special operations.
Article 56 The workers in the labor process must strictly comply with the safe operating procedures.
Workers have the right to refuse to implement the employer’s management personnel to violate the rules, forcing risky operations, endangering life safety and physical health, the right to criticize, prosecute and accuse.
Article 57 of the State to establish statistical reporting and handling of casualties and occupational diseases system. People’s governments at all levels above the county level administrative departments of labor, relevant departments, and employers shall, in accordance with the Law, the workers in the process of labor casualties and occupational diseases of workers, statistics, reports, and treatment.
Chapter VII female workers and underage workers special protection
Article 58 The State implements special labor protection for female workers and underage workers.
Minor workers have reached the age of sixteen years old and under the age of eighteen.
Article 59 prohibits female workers’ arrangement to engage in underground mines, the fourth level of the State’s physical labor intensity, and other prohibited labor.
Article 60 shall not be arranged for female workers during menstruation to engage in high, low temperature, cold water work, and the State’s third level of physical labor intensity.
Article 61 shall not arrange for female workers during pregnancy to engage in the labor of the third level of physical labor intensity specified by the State and labor contraindicated during pregnancy. Female workers who are more than seven months pregnant shall not be arranged to extend their working hours and night work.
Article 62 The female workers enjoy maternity leave of not less than ninety days for childbirth.
Article 63 Female workers shall not be arranged to breastfeed their babies under one year of age during the third level of the physical labor intensity of the State, and other labor contraindicated during breastfeeding, and shall not be arranged to extend the working hours and night work.
Article 64 shall not be arranged for underage workers engaged in underground mines, toxic and harmful, the fourth level of the physical labor intensity of labor and other prohibited labor.
Article 65 The employer shall conduct regular health checks on underage workers.
Chapter VIII Vocational Training
Article 66 The State, through various channels, takes various measures to develop vocational training business, develop the vocational skills of workers, improve the quality of workers, enhance the employability and workability of workers.
Article 67 The people’s governments at all levels should be the development of vocational training into the planning of social and economic development, encourage and support the conditions of enterprises, organizations, social groups, and individuals to carry out various forms of vocational training.
According to the actual unit, article 68, The employer shall establish a vocational training system, following state regulations to extract and use funds for vocational training, planned vocational training for workers.
Workers engaged in skilled trades must be trained before starting work.
Article 69 The State determines the classification of occupations, occupational skills standards for the prescribed occupations, the vocational qualification certificate system’s implementation, the assessment and appraisal agencies by the record are responsible for implementing vocational skills assessment and appraisal of workers.
Chapter IX Social Insurance and welfare
Article 70 The State develops social insurance, establishes a social insurance system and establishes a social insurance fund to enable workers to obtain help and compensation in old age, illness, work-related injuries, unemployment, maternity, and other circumstances.
Article 71 The level of social insurance should be adapted to socio-economic development and social affordability.
Article 72 The social insurance fund following the type of insurance to determine the source of funds and gradually implement social integration. Employers and workers must participate in social insurance according to Law, pay social insurance premiums.
Article 73 The workers shall enjoy social insurance benefits in accordance with Law in the following cases.
(B) illness, injury.
(C) work-related disability or occupational disease.
After the death of a worker, his survivors are entitled to survivor’s benefits according to Law.
Laws and regulations stipulate the conditions and standards for workers to enjoy social insurance benefits.
Social insurance benefits enjoyed by workers must be paid in full and on time.
Article 74 The social insurance fund management agency receives, manages, and operates the social insurance fund in accordance with the provisions of the Law and has the responsibility to make the social insurance fund preserve and increase its value.
Social insurance fund supervision agencies in accordance with the provisions of the Law, the social insurance fund income and expenditure, management and operation of the implementation of supervision.
Law prescribes the social insurance fund management agency’s establishment and functions and the social insurance fund supervision agency.
No organization or individual shall misappropriate social insurance funds.
Article 75 The State encourages employers to establish supplementary insurance for workers according to the unit’s actual situation.
The State advocates individual workers for savings insurance.
Article 76 The State develops social welfare, the construction of public welfare facilities, to provide conditions for workers to rest, healing and recovery.
Employers should create conditions to improve collective welfare, improve the welfare of workers.
Chapter X labor disputes
Article 77 The employer and workers in labor disputes, the parties may apply for mediation, arbitration, litigation, or negotiate a settlement.
Mediation principles apply to arbitration and litigation procedures.
Article 78 The settlement of labor disputes shall be based on the principles of lawful, fair, and timely treatment and safeguard the legitimate rights and interests of parties to labor disputes in accordance with Law.
Article 79 After the occurrence of a labor dispute, the parties may apply to the unit’s labor dispute mediation committee for mediation; if mediation fails, one of the parties requesting arbitration may apply to the labor dispute arbitration committee for arbitration. A party may also apply directly to the Labor Dispute Arbitration Committee for arbitration. If you are not satisfied with the arbitral award, you can file a lawsuit in the People’s Court.
Article 80 In the employer, a labor dispute mediation committee can be established. The labor dispute mediation committee consists of representatives of employees, employer representatives, and trade union representatives. A trade union representative heads the labor dispute mediation committee.
Labor disputes reached an agreement after mediation, and the parties shall perform.
Article 81 The Labor Dispute Arbitration Committee shall be composed of representatives of the labor administration department, representatives of the labor union at the same level, and representatives of the employer’s side. The head of the arbitration committee of labor disputes shall be a representative of the labor administrative department.
Article 82 The party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Commission within sixty days from the labor dispute date. The arbitration award shall generally be made within sixty days of the receipt of the arbitration application. If there is no objection to the arbitration award, the parties must perform it.
Article 83 If the parties to a labor dispute are not satisfied with the arbitration award, they may file a lawsuit in the People’s Court within fifteen days from the date of receipt of the arbitration award. If a party does not sue within the statutory period and does not perform the arbitration award, the other party may apply to the people’s court to enforce.
Article 84 disputes the signing of the collective contract. The parties failed to negotiate a solution. The local people’s government administrative department of labor can organize the parties concerned to coordinate the processing.
Disputes arising from the collective contract’s performance, the parties concerned can apply to the Arbitration Commission of Labor Disputes for arbitration; arbitration award is not satisfied, you can file a lawsuit in the People’s Court within fifteen days from the date of receipt of the arbitral award.
Chapter XI supervision and inspection
Article 85 The administrative departments of labor of the people’s governments at all levels above the county level shall, following Law, supervise and inspect the employers’ compliance with labor laws and regulations, and have the right to stop violations of labor laws and regulations and order corrections.
Article 86 The administrative departments of labor of the people’s governments at all levels above the county level to supervise and inspect personnel to carry out official duties, the right to enter the employer to understand the implementation of labor laws and regulations, access to the necessary information, and to inspect the labor premises.
Supervisory and inspection personnel of the administrative departments of labor of the people’s governments above the county level to carry out their official duties, must present their documents, impartially enforce the Law and comply with the relevant provisions.
Article 87 The relevant departments of the people’s governments at all levels above the county level, within their respective areas of responsibility, to supervise the employer’s compliance with labor laws and regulations.
Article 88 The trade unions at all levels to protect the legitimate rights and interests of workers in accordance with the Law, the employer’s compliance with labor laws and regulations to monitor the situation.
Any organization and individual for violations of labor laws and regulations have the right to report and accuse.
Chapter XII Legal Liability
Article 89 The employer formulates labor rules and regulations in violation of the laws and regulations. The administrative department of labor shall give a warning and order correction; damage caused to workers shall bear the responsibility for compensation.
Article 90 The employer violates this Law’s provisions, extending the working hours of workers, the administrative department of labor shall give a warning, order to correct, and may impose a fine.
Article 91 The employer has one of the following violations of workers’ legitimate rights and interests. The administrative department of labor shall order wages and economic compensation and may be ordered to pay compensation.
(A) withholding or unexplained arrears of wages of workers
(B) refusal to pay workers for extended working hours
(C) below the local minimum wage standard for the payment of workers’ wages
(D) after the termination of the labor contract, not in accordance with the provisions of this Law to give workers economic compensation.
Article 92 The employer’s labor safety facilities and labor health conditions do not meet national regulations or fail to provide workers with the necessary labor protective equipment and labor protection facilities, the labor administration department or the relevant departments shall order correction, may impose a fine; severe cases, the people’s government at or above the county level to decide to order the suspension of rectification; the hidden danger of accidents do not take measures, resulting in significant accidents, resulting in loss of life and property of workers, the responsible personnel in accordance with the relevant provisions of Criminal Law to pursue criminal responsibility.
Article 93 The employer forced workers to risk operating in violation of regulations, a significant casualty accident, resulting in severe consequences, the responsible person shall be held criminally responsible.
Article 94 The employer illegally recruiting minors under the age of sixteen, the labor administrative department shall order correction and impose a fine; in severe cases, the market supervision and management department shall revoke the business license.
Article 95 The employer violates the provisions of this Law on the protection of female workers and underage workers, infringing on their legitimate rights and interests, the administrative department of labor shall order correction, impose a fine; female workers or underage workers who cause damage shall bear the responsibility for compensation.
Article 96 The employer has one of the following acts, the public security organs shall impose detention of up to fifteen days, a fine or a warning on the person responsible; constitutes a crime, the person responsible shall be held criminally responsible.
(A) forced labor by violence, threats, or illegal means of restricting personal freedom
(B) insult, corporal punishment, beating, illegal search, and detention of workers.
Article 97 The employer shall be liable for compensation for damage caused to the workers due to the invalid contract concluded by the employer.
Article 98 The employer terminates the labor contract to violate the conditions outlined in this Law or intentionally delayed not to conclude a labor contract. The administrative department of labor shall order correction; damage to workers shall bear the responsibility for compensation.
Article 99 The employer recruits workers who have not yet terminated the labor contract, the original employer caused economic losses, the employer shall be jointly and severally liable for compensation.
Article 100 The employer does not pay social insurance premiums for no reason, the administrative department of labor ordered to pay the deadline; late payment, you can add a late fee.
Article 101 The employer unreasonably obstruct the administrative department of labor, relevant departments, and their staff to exercise the right to supervise and inspect, retaliation against whistleblowers, the administrative department of labor or relevant departments shall impose a fine; constitutes a crime, the responsible person shall be held criminally responsible.
Article 102 The termination of the labor contract in violation of the conditions outlined in this Law or violation of the confidentiality matters agreed in the labor contract. The employer shall be liable for compensation in accordance with Law.
Article 103 The labor administration department or the relevant departments of the staff abuse of power, dereliction of duty, corruption, constitutes a crime, shall be investigated for criminal liability; does not constitute a crime, shall be given administrative sanctions.
Article 104 The state employees and staff of the social insurance fund agencies embezzle social insurance funds, constituting a crime, shall be investigated for criminal liability.
Article 105 Violation of this Law’s provisions against the legitimate rights and interests of workers, other laws, and administrative regulations have provided for the punishment according to the provisions of such laws and administrative regulations.
Chapter XIII Supplementary Provisions
Article 106 The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government following this Law and the actual situation in the region, the labor contract system’s implementation steps, reported to the State Council for the record.
Article 107 This Law shall come into force on January 1, 1995.