Article 31 If a laborer is to cancel his labor contract, he shall give a written notice to the employing unit 30 days in advance. 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. Article 74 The agencies in charge of social insurance funds shall collect, expend, manage and operate the funds in accordance with legal provisions, and assume the responsibility to preserve and increase the value of such funds. Where the case constitutes a crime, persons who are held responsible shall be investigated for criminal responsibility according to law. The social insurance money that labourers are entitled to must be paid on schedule and in full. However, the total extension in a month shall not exceed thirty six hours. Abstract/Citation: This is the first labour act adopted by the People's Republic of China. Chapter IV Working Hours, Rest and Vacations. Article 20 An offer loses its effect under any of the following conditions: (1) a rejection notice of the offer has reached the offeror; (2) the offeror has revoked the offer pursuant to law; (3) when the fixed time limit for acceptance expires, the offeree undertakes no acceptance; or (4) the offeree makes a substantial change of the content of. 2007-12-29 (Adopted at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007) Adopted on: 2002-06-29. Article 54 The employing unit must provide laborers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labor protection, and provide regular health examination for laborers engaged in work with occupational hazards. Article 106 Peoples governments of provinces, autonomous regions or municipalities directly under the Central Government shall, according to this Law and in light of their local conditions, work out the implementing measures for the system of labour contract and report them to the State Council for the record. The examination and verification organizations approved by the government shall be charged with the responsibility of conducting examination and verification of the professional skills of labourers. PDF Contract Law of The People'S Republic of China The Law on Foreign Relations of the People's Republic of China (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. (3) Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labour contract cannot be carried out, and no agreement on modification of the labour contract can be reached through consultation by the parties. 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. Labor Contract Law of the People's Republic of China September 2, 2021 Policies Outsource your HR & employment in China with Promulgation Authority: Standing Committee of the National People's Congress Promulgating Date: June 29, 2007 Source: The Supreme People's Court of the People's Republic of China Chapter I General Provisions Copyright www.gov.cn Article 1 This Law is enacted pursuant to the Constitution of the People's Republic of China to conduct foreign relations to: -- safeguard China's sovereignty, national security and development . The committee shall be composed of representatives of the staff and workers, the employing unit, and the trade union. Article 58 The State shall provide special protection to female staff and workers and juvenile workers. Labour Law of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. (b) Allow any member of the commission or the employees of the . & Industry for National Defense, CCP Central Commission for Discipline Inspection, Central Leading Group for Inspection Work, Commission for Discipline Inspection of the Central Military Commission, Independent Commission Against Corruption (Hong Kong), Judicial Administrative Organs People's Police, Office for Safeguarding National Security of the CPG in the HKSAR, Central Leading Group for Propaganda, Ideology and Culture, Central Guidance Commission on Building Spiritual Civilization, National Press and Publication Administration, National Radio and Television Administration, Central Leading Group on Hong Kong and Macau Affairs, Association for Relations Across the Taiwan Straits, International Development Cooperation Agency, International Military Cooperation Office, State Administration of Foreign Experts Affairs, Standing Committee of the National People's Congress, Labour Contract Law of the People's Republic of China, Law of the People's Republic of China on Promoting Clean Production, "Labor contract law: Is the labor is still those representing capital is greatly", "Labour Law of the People's Republic of China -", "Labor Activist: Why China Needs Collective Bargaining Now", "Labour Law of the People's Republic of China", Grasping the large, letting go of the small, China Banknote Printing and Minting Corporation, China Integrated Circuit Industry Investment Fund, National Equities Exchange and Quotations, All-China Federation of Industry and Commerce, China Council for the Promotion of International Trade, Ministry of Industry and Information Technology, National Administration of Financial Regulation, National Development and Reform Commission, State-owned Assets Supervision and Administration Commission, State Administration for Market Regulation, Guangdong-Hong Kong-Macau Greater Bay Area, Mainland and Hong Kong Closer Economic Partnership Arrangement, Mainland and Macau Closer Economic Partnership Arrangement, Regional Comprehensive Economic Partnership, https://en.wikipedia.org/w/index.php?title=Labour_Law_of_the_People%27s_Republic_of_China&oldid=1152828925, Articles containing simplified Chinese-language text, Articles containing traditional Chinese-language text, Articles containing Chinese-language text, Creative Commons Attribution-ShareAlike License 4.0, Labour Contracts and Collective Contracts, Special Protection for Female Staff and Workers and Juvenile Workers, Trade Union Law of the People's Republic of China, Law of the People's Republic of China on Labour Dispute Mediation and Arbitration, Employment Promotion Law of the People's Republic of China, Law of the People's Republic of China on the Protection of Women's Rights and Interests, Production Safety Law of the People's Republic of China, Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, This page was last edited on 2 May 2023, at 15:26. If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license. Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers. Article 87 Relevant departments under the peoples governments at or above the county level shall, within the scope of their respective functions and responsibilities, supervise the implementation of laws, rules and regulations on labour by the employing units. The State shall support laborers to achieve employment by organizing themselves on a voluntary basis or by engaging in individual businesses. Labour Contracts and Collective Contracts. 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. Article 61 It is prohibited to arrange for women workers or staff members during their pregnancy to engage in work with Grade III physical labor intensity as stipulated by the State or other work forbidden to pregnant women. Article 101 Where the employing unit unjustifiably obstructs the administrative department of labor and other relevant departments as well as their functionaries from exercising the powers of supervision and inspection or retaliates against informers, the administrative department of labor or other relevant departments shall impose a fine upon the unit. The level of wages shall be gradually raised on the basis of economic development. Where the unit still fails to make the payment at the expiration of the time limit, an overdue fine may be demanded. Labour Law of the People's Republic of China Politics of China Leadership Communist Party United front Ideology Constitution Law Constitution Previous constitutions 1954 1975 1978 "People's democratic dictatorship" (Article 1) Democratic centralism (Article 3) Constitutional oath of office (Article 27) Protection of human rights (Article 33) Article 25 If a labourer is under any of the following circumstances, the employing unit may cancel the labour contract with him: (1) Having been proved not up to the requirements for recruitment during the probation period; (2) Having seriously violated labour discipline or the rules and regulations of the employing unit; (3) Having caused great losses to the employing unit through gross neglect of duty or malpractice for personal gains; and. Wages to be paid to labourers by the employing unit shall not be lower than the local standards of minimum wages. Article 20 The term of a labour contract is classified into fixed term, non-fixed term and the completion of a specific assignment as a term. Article 2 This Law shall apply to establishment of . The administrative departments of labor and other relevant departments under the people's governments at or above the county level and the employing units shall, according to 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. About us 28 of the President of the Peoples Republic of China), Chapter III Labour Contracts and Collective Contracts, Chapter IV Working Hours, Rest and Vacations, Chapter VI Occupational Safety and Health, Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers. Article 39 Where an enterprise can not follow the stipulations in Article 36 and Article 38 of this Law due to the special nature of its production, it may, with the approval of the administrative department of labour, adopt other rules on working hours and rest. Article 76 The State shall develop social welfare undertakings, construct public welfare facilities, and provide conditions for labourers to rest, recuperate and convalesce. If any party is not satisfied with the arbitration decision, it may bring a lawsuit to the peoples court within 15 days from the date of receiving the award of arbitration. Article 48 The State shall implement a system of guaranteed minimum wages. 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. The Chinese text was retrieved from the Central People's Government of the People's Republic of China Web site on January 23, 2013. Foreign Investment Law Labor Contract Law The Trade Union Law of the People's Republic of China defines the trade union as "a mass organization of the working class led by the Communist Party of China under which workers voluntarily come together. Where the unit still fails to make the payment at the expiration of the time limit, an overdue fine may be demanded. This English version is only for reference. Any organizations or individuals shall have the right to expose and accuse any acts that violate the law, rules and regulations on labour. [5] The term collective negotiation () first appeared in laws in 2007, instead of collective bargaining (), which is less decisive than the latter.[6]. Article 15 No employing units are allowed to recruit minors under the age of 16. If any party is not satisfied with the decision of arbitration, the party may bring a lawsuit to the peoples court. Article 72 The sources of social insurance funds shall be determined according to the branches of insurance, and an overall raising of social insurance funds shall be practised step by step. The principle of mediation shall be applicable to the procedures of arbitration and litigation. 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 71 The level of social insurance shall be in proportion to the level of social and economic development and the social affordability. Article 32 A laborer may, in any of the following circumstances, notify at any time the employing unit of his cancelation of the labor contract: (2) Where the employing unit forces the laborer to work by means of violence, intimidation or illegal restriction of personal freedom; or. This is a list of related Chinese laws, but does not cover every law related. California Minimum Wage Law. Where a party has neither brought a lawsuit nor executed the arbitration decision within the period prescribed by law, the other party may apply to the peoples court for enforcement. A labor contract shall be concluded where a labor relationship is to be established. Article 65 The employing unit shall provide regular physical examinations to juvenile workers. Chapter VI Occupational Safety and Health. 29 Jun 2023 0. UFLPA Strategy | Homeland Security (3) Other circumstances stipulated by laws, administrative rules and regulations. To learn more, please refer to the authoritative Chinese version. Forced Labor in China's Xinjiang Region - U.S. Department of State The administrative departments of labour and other relevant departments under the peoples governments at or above the county level and the employing units shall, according to law, carry out statistical report and disposition with respect to accidents of injuries or deaths occurred to labourers in the process of their work and situations of occupational diseases. January 2023. | The chairmanship of the committee shall be assumed by a representative of the administrative department of labor. The State shall advocate that individual labourers practise insurance in the form of saving deposits. Article 26 In any of the following circumstances, the employing unit may cancel the labor contract, however, a written notice shall be given to the laborer concerned 30 days in advance: (1) Where a laborer is unable to take up his original work or any work specially arranged by the employing unit after completion of the period of his medical treatment for illness or not work-related injury; (2) Where a laborer is unqualified for his work and remains unqualified even after receiving a training or after readjusting the work post; and. Laborers to be engaged in technical work must receive training before taking up their posts. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of such person. If an agreement is reached through mediation in the case of a labour dispute, it shall be implemented by the parties. Article 32 A labourer may, in any of the following circumstances, notify at any time the employing unit of his cancelation of the labour contract: (2) Where the employing unit forces the labourer to work by means of violence, intimidation or illegal restriction of personal freedom; or. Article 53 Facilities of occupational safety and health must meet the standards set by the State. The chairmanship of the committee shall be assumed by a representative of the administrative department of labour. Article 67 People's governments at various levels shall incorporate the development of vocational training into their plans of social and economic development, encourage and support enterprises, institutions, public organizations and individuals, if conditions permit, to sponsor vocational training in various forms. Article 10 The State shall create conditions for employment and increase opportunities therefore by means of promotion of economic and social development. China's state-run Global . Article 107 This Law shall go into effect as of January 1, 1995. Labor Law of the People's Republic of China Article 44 Under any of the following circumstances, the employing unit shall, according to the following standards, pay laborers remunerations that are higher than those for normal working hours: (1) To pay no less than 150 per cent of the normal wages if an extension of working hours is arranged; (2) To pay no less than 200 per cent of the normal wages if work is arranged on off days and no make-up off days can be arranged; or. PDF Summary of the Labor Contract Law of the People's Republic of China Article 84 Where a dispute arises from the conclusion of a collective contract and no settlement can be reached through consultation by the parties concerned, the administrative department of labour under the local peoples government may coordinate with the parties and organizations concerned in settling the dispute.
Moondance Tickets 2023, 9680 Shore Drive Norfolk, Woodside Homeowners Association, Articles L