BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
Article 4 The employer shall establish and perfect rules and regulations
in accordance with law and guarantee that labourers enjoy labour right
and fulfill labour obligations.
Article 5 The State shall take various measures to promote employment,
develop vocational education, formulate labour standards, regulate social
incomes, perfect social insurance, coordinate labour relationships, and
gradually raise the living level of laborers.
Article 6 The State shall advocate labourers participation in social
voluntary labour, labour competition, and activities of forwarding
rational proposals; encourage and protect labourers in scientific
research, technical renovation, and invention; 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 law.
Trade unions shall represent and safeguard the legitimate rights and
interests of labourers, and stage activities independently in accordance
with law.
Article 8 Labouers 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 labourers.
Article 9 The labour management department under the State Council shall
take charge of the management of labour of the whole country.
Local peoples governments above the county level shall take charge of the
management of labour in areas under their jurisdiction.
Chapter 2 Promotion of Employment
Article10 The State shall create employment conditions and expand
employment opportunities through promotion of economic and social
development.
The State shall encourage enterprises, institutional organizations, and
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 labourers to organize and employ themselves on a
voluntary basis and to get employed in individual businesses.
Article 11 Local peoples governments at various levels shall take
measures to develop various kinds of job agencies and provide employment
services.
Article 12 Labourers shall not be discriminated against in employment due
to their nationality, race, sex, or religious belief.
Article 13 Women shall enjoy equal rights as men in employment. Sex shall
not 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. Nor shall the standards of recruitment be raised when it
comes to women.
Article 14 Any special stipulations in laws and regulations about the
employment of the disabled, minority people, and demobilized soldiers
shall be observed.
Article 15 The employer shall be banned from recruiting juveniles under
the age of 16.
Art, sports and special-skill units that plan to recruit juveniles under
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.
Chapter 3 Labour Contracts and Collective Contracts
Article 16 Labour contracts are agreements reached between labourers and
the employer to establish labour relationships and specify the rights,
interests and obligations of each party.
Labour contracts shall be concluded if labour relationships are to be
established.
Article 17 Conclusion and alteration of labour contracts shall follow the
principle of equality, voluntariness, and agreement through consultation.
They shall not run counter to stipulations in laws or administrative
decrees.
Labour contracts shall become legally binding once they are concluded in
accordance with law. The parties involved shall fulfil obligations
stipulated in labour contracts.
Article 18 The following labour contracts shall be invalid;
(1) Labour contracts concluded against laws or administrative decrees;
(2) Labour contracts concluded through cheating, threat, or any other
means.
Invalid labour contracts shall not be legally binding from the very
beginning of their conclusion. If a labour 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 labour contract shall be confirmed by a labour
dispute arbitration committee or a peoples court.
Article 19 Labour contracts shall be concluded in written form and
contain the following clauses:
(1) Time limit of the labour contract;
(2) Content of work;
(3) Labour protection and labour conditions;
(4) Labour remunerations;
(5) Labour disciplines;
(6) Conditions for the termination of the labour contract;
(7) Liabilities for violations of the labour contract.
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