Labor Law of the People's Republic of China
(Adopted at the 8th 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 on July 5, 1994, and implemented as of January 1, 1995, and revised by the Decision of the Standing Committee of the National People's Congress on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and implemented as of the date of promulgation)
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacation
Chapter V Wages
Chapter VI Labor Safety and Health
Chapter VII Special Protection for Female 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 Liabilities
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacation
Chapter V Wages
Chapter VI Labor Safety and Health
Chapter VII Special Protection for Female 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 Liabilities
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, adjust labour relations, establish and maintain a labour system suited to the socialist market economy, and promote economic development and social progress.
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employing units") within the territory of the People's Republic of China and workers who have formed labor relations with them.
Article 3 Labourers shall enjoy the right to equal employment and choice of occupations, the right to obtain remuneration for their work, the right to rest and take vacations, the right to receive protection of occupational safety and health, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit applications for settlement of labour disputes, and other labour rights prescribed by law.
Labourers shall complete their labour tasks, improve their vocational skills, implement the rules on labour safety and health, and observe labour discipline and professional ethics.
Labourers shall complete their labour tasks, improve their vocational skills, implement the rules on labour safety and health, and observe labour discipline and professional ethics.
Article 4 The employing unit shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy the right to work and perform their labor obligations.
Article 5 The State shall take various measures to promote employment, develop vocational education, formulate labour standards, regulate social income, improve social insurance, coordinate labour relations and gradually improve the living standards of labourers.
Article 6 The State encourages labourers to take part in socialist compulsory labour, carry out labour competitions and rationalization proposals, encourage and protect their scientific research, technological innovation, inventions and creations, and commend and reward model workers and advanced workers.
Article 7 Labourers shall have the right to participate in and organize trade unions according to law.
Trade unions represent and safeguard the legitimate rights and interests of workers and carry out their activities independently according to law.
Trade unions represent and safeguard the legitimate rights and interests of workers and carry out their activities independently according to law.
Article 8 Labourers shall, in accordance with the provisions of law, participate in democratic management or consult with the employing unit on an equal footing with respect to the protection of the legitimate rights and interests of labor through the staff and workers' assembly, the staff and workers' congress or other forms.
Article 9 The labour administrative department of the State Council shall be in charge of labour work throughout the country.
The labour administrative departments of the local people's governments at or above the county level shall be in charge of the labour work within their respective administrative areas.
The labour administrative departments of the local people's governments at or above the county level shall be in charge of the labour work within their respective administrative areas.
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 and social organizations to set up industries or expand business operations to increase employment within the scope prescribed by laws and administrative regulations.
The State supports workers to organize employment voluntarily and engage in self-employed businesses to achieve employment.
The State encourages enterprises, institutions and social organizations to set up industries or expand business operations to increase employment within the scope prescribed by laws and administrative regulations.
The State supports workers to organize employment voluntarily and engage in self-employed businesses to achieve employment.
Article 11 The local people's governments at various levels shall take measures to develop various types of employment agencies and provide employment services.
Article 12 Labourers shall not be discriminated against in employment because of their different nationalities, races, genders and religious beliefs.
Article 13 Women shall enjoy equal employment rights with men. In employing staff and workers, except for the types of work or posts that are not suitable for women as prescribed by the State, no one may refuse to employ women or raise the employment standards for women on the grounds of sex.
Article 14 Where there are special provisions in laws and regulations on the employment of disabled persons, persons of minority nationalities and demobilized servicemen, such provisions shall prevail.
Article 15 The employing units are prohibited from recruiting minors under the age of 16. They must, in accordance with the relevant provisions of the State, go through the examination and approval procedures and ensure their right to compulsory education.
Chapter III Labor Contracts and Collective Contracts
Article 16 A labor contract is an agreement between a worker and an employing unit to establish a labor relationship and define the rights and obligations of both parties.
A labor contract shall be concluded when establishing labor relations.
A labor contract shall be concluded when establishing labor relations.
Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.
A labor contract is legally binding once it is concluded in accordance with the law, and the parties must perform their obligations under the labor contract.
A labor contract is legally binding once it is concluded in accordance with the law, and the parties must perform their obligations under the labor contract.
Article 18 The following labor contracts are invalid:
（1） Labor contracts that violate laws and administrative regulations;
（2） Labor contracts concluded by means of fraud, threats, etc.
An invalid labor contract has no legal binding force from the time it is concluded. If it is confirmed that part of the labor contract is invalid, if it does not affect the validity of the remaining parts, the remaining parts remain valid.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.
（1） Labor contracts that violate laws and administrative regulations;
（2） Labor contracts concluded by means of fraud, threats, etc.
An invalid labor contract has no legal binding force from the time it is concluded. If it is confirmed that part of the labor contract is invalid, if it does not affect the validity of the remaining parts, the remaining parts remain valid.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.
Article 19 A labor contract shall be concluded in written form and contain the following clauses:
（1） The term of the labor contract;
（2） Work content;
（3） Labor protection and working conditions;
（4） Labor remuneration;
（5） Labor discipline;
（6） Conditions for termination of the labor contract;
（7） Liability for breach of labor contract.
（1） The term of the labor contract;
（2） Work content;
（3） Labor protection and working conditions;
（4） Labor remuneration;
（5） Labor discipline;
（6） Conditions for termination of the labor contract;
（7） Liability for breach of labor contract.
In addition to the necessary clauses specified in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.
Article 20 The term of a labor contract is divided into fixed term, unfixed term and term based on the completion of certain work.
If the laborer has worked continuously in the same employer for more than 10 years and both parties agree to renew the labor contract, if the laborer proposes to conclude a labor contract with no fixed term, a labor contract with no fixed term shall be concluded.
If the laborer has worked continuously in the same employer for more than 10 years and both parties agree to renew the labor contract, if the laborer proposes to conclude a labor contract with no fixed term, a labor contract with no fixed term shall be concluded.
Article 21 A labor contract may stipulate a probation period. The probation period shall not exceed 6 months.
Article 22 The parties to a labor contract may agree in the labor contract on matters relating to keeping the business secrets of the employing unit confidential.
Article 23 The labor contract shall terminate upon the expiration of the term of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed upon by the parties.
Article 24 A labor contract may be terminated upon consensus reached through consultation between the parties concerned.
Article 25 In any of the following circumstances, the Employer may terminate the labor contract:
（1） It is proved that the employee does not meet the employment conditions during the probation period;
（2） Seriously violating labor discipline or the rules and regulations of the employing unit;
（3） Serious dereliction of duty or malpractice for personal gain, causing significant damage to the interests of the employing unit;
（4） Being investigated for criminal responsibility according to law.
（1） It is proved that the employee does not meet the employment conditions during the probation period;
（2） Seriously violating labor discipline or the rules and regulations of the employing unit;
（3） Serious dereliction of duty or malpractice for personal gain, causing significant damage to the interests of the employing unit;
（4） Being investigated for criminal responsibility according to law.
Article 26 Under any of the following circumstances, the employing unit may terminate the labor contract, but it shall notify the worker in writing 30 days in advance:
（1） After the medical treatment period expires, the laborer is unable to engage in the original work or other work arranged by the Employer due to illness or non work related injury;
（2） Labourers are not competent for their jobs and are still not competent after training or job adjustment;
（3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the original labor contract impossible to perform, and the parties cannot reach an agreement on changing the labor contract through consultation.
Article 27 During the period when the employing unit is on the verge of bankruptcy for statutory consolidation or has serious difficulties in production and operation, if it is really necessary to reduce its personnel, it shall explain the situation to the trade union or all the employees 30 days in advance, listen to the opinions of the trade union or the employees, and may reduce its personnel after reporting to the labor administrative department.
If the employing unit employs personnel within 6 months after downsizing in accordance with the provisions of this Article, it shall give priority to the employment of the downsized personnel.
（1） After the medical treatment period expires, the laborer is unable to engage in the original work or other work arranged by the Employer due to illness or non work related injury;
（2） Labourers are not competent for their jobs and are still not competent after training or job adjustment;
（3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the original labor contract impossible to perform, and the parties cannot reach an agreement on changing the labor contract through consultation.
Article 27 During the period when the employing unit is on the verge of bankruptcy for statutory consolidation or has serious difficulties in production and operation, if it is really necessary to reduce its personnel, it shall explain the situation to the trade union or all the employees 30 days in advance, listen to the opinions of the trade union or the employees, and may reduce its personnel after reporting to the labor administrative department.
If the employing unit employs personnel within 6 months after downsizing in accordance with the provisions of this Article, it shall give priority to the employment of the downsized personnel.
Article 28 Where an employing unit terminates a labor contract in accordance with the provisions of Article 24, Article 26 or Article 27 of this Law, it shall make economic compensation in accordance with the relevant provisions of the State.
Article 29 The employing unit may not rescind the labor contract in accordance with the provisions of Article 26 and Article 27 of this Law if a worker is under any of the following circumstances:
（1） Being confirmed to have lost or partially lost the ability to work due to occupational diseases or work-related injuries;
（2） Illness or injury within the prescribed period of medical treatment;
（3） Female workers are in pregnancy, childbirth or lactation;
（4） Other circumstances stipulated by laws and administrative regulations.
（1） Being confirmed to have lost or partially lost the ability to work due to occupational diseases or work-related injuries;
（2） Illness or injury within the prescribed period of medical treatment;
（3） Female workers are in pregnancy, childbirth or lactation;
（4） Other circumstances stipulated by laws and administrative regulations.
Article 30 If the trade union deems it inappropriate for the employing unit to rescind the labor contract, it shall have the right to put forward its opinions. If the employing unit violates laws, regulations or labor contracts, the trade union has the right to request a new handling; If a worker applies for arbitration or brings a lawsuit, the trade union shall provide support and assistance according to law.
Article 31 A worker shall notify the employing unit in writing 30 days in advance of the termination of his labor contract.
Article 32 Under any of the following circumstances, a worker may notify the employing unit to terminate the labor contract at any time:
（1） Within the probation period;
（2） The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;
（3） The employing unit fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
（1） Within the probation period;
（2） The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;
（3） The employing unit fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
Article 33 The staff and workers of an enterprise may sign a collective contract with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the staff and workers' congress or all the staff and workers for discussion and approval.
A collective contract shall be signed with the enterprise by the trade union on behalf of the staff and workers; For enterprises without a trade union, representatives elected by the staff and workers sign a contract with the enterprise.
A collective contract shall be signed with the enterprise by the trade union on behalf of the staff and workers; For enterprises without a trade union, representatives elected by the staff and workers sign a contract with the enterprise.
Article 34 After a collective contract is signed, it shall be submitted to the labor administrative department; If the labor administrative department does not raise any objection within 15 days from the date of receiving the text of the collective agreement, the collective agreement will become effective.
Article 35 A collective contract concluded according to law shall be binding on the enterprise and all its staff and workers. The standards of labor conditions and labor remuneration in the labor contract concluded between the individual employee and the enterprise shall not be lower than those stipulated in the collective contract.
Chapter IV Working Hours, Rest and Vacation
Article 36 The State practices a working hour system in which labourers work no more than 8 hours a day and 44 hours a week on average.
Article 37 With respect to labourers who work on a piecework basis, the employing unit shall, in accordance with the working hour system prescribed in
Article 36 of this Law, reasonably determine their quotas of work and standards of piecework remuneration.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 39 Where an enterprise is unable to implement the provisions of Article 36 and Article 38 of this Law due to its production characteristics, it may, with the approval of the labour administrative department, implement other methods of work and rest.
Article 40 The employing unit shall arrange workers' holidays according to law during the following festivals:
（1） New Year's Day;
（2） Spring Festival;
（3） International Labor Day;
（4） National Day;
（5） Other holidays stipulated by laws and regulations.
（1） New Year's Day;
（2） Spring Festival;
（3） International Labor Day;
（4） National Day;
（5） Other holidays stipulated by laws and regulations.
Article 41 The employing unit may extend its working hours due to the needs of production and business operation after consultation with the trade union and workers, which generally shall not exceed one hour a day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day, but not more than 36 hours per month, under the condition of ensuring the health of workers.
Article 42 Under any of the following circumstances, the extension of working hours shall not be subject to the restrictions prescribed in Article 41 of this Law:
（1） The occurrence of natural disasters, accidents or other reasons that threaten the life and health of workers and the safety of property and require urgent treatment;
（2） Failures of production equipment, transportation lines and public facilities that affect production and public interests must be repaired in a timely manner;
（3） Other circumstances stipulated by laws and administrative regulations.
（1） The occurrence of natural disasters, accidents or other reasons that threaten the life and health of workers and the safety of property and require urgent treatment;
（2） Failures of production equipment, transportation lines and public facilities that affect production and public interests must be repaired in a timely manner;
（3） Other circumstances stipulated by laws and administrative regulations.
Article 43 The employing unit shall not extend the working hours of labourers in violation of the provisions of this Law.
Article 44 Under any of the following circumstances, the employing unit shall, according to the following standards, pay labourers higher wages and remunerations than those for normal working hours:
（1） If an employee is arranged to extend his time, he shall be paid no less than 150 percent of his wages;
（2） If a worker is arranged to work on a rest day but cannot take compensatory time off, he shall be paid not less than 200 percent of his wages;
（3） If workers are arranged to work on statutory holidays, they shall be paid no less than 300 percent of their wages.
（1） If an employee is arranged to extend his time, he shall be paid no less than 150 percent of his wages;
（2） If a worker is arranged to work on a rest day but cannot take compensatory time off, he shall be paid not less than 200 percent of his wages;
（3） If workers are arranged to work on statutory holidays, they shall be paid no less than 300 percent of their wages.
Article 45 The State adopts the system of paid annual leave.
Labourers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be formulated by the State Council.
Labourers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be formulated by the State Council.
Chapter V Wages
Article 46 The distribution of wages shall follow the principle of distribution according to work and implement equal pay for equal work.
Wages have been gradually raised on the basis of economic development. The state exercises macro-control over the total amount of wages.
Wages have been gradually raised on the basis of economic development. The state exercises macro-control over the total amount of wages.
Article 47 The employing unit shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine its own wage distribution method and wage level according to law.
Article 48 The State applies a minimum wage guarantee system. The specific standards for minimum wages shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for the record.
Article 49 The determination and adjustment of the minimum wage standards shall take comprehensive reference to the following factors:
（1） The minimum living expenses of the workers themselves and the average number of people they support;
（2） Average social wage level;
（3） Labor productivity;
（4） Employment status;
（5） Differences in the level of economic development between regions.
（1） The minimum living expenses of the workers themselves and the average number of people they support;
（2） Average social wage level;
（3） Labor productivity;
（4） Employment status;
（5） Differences in the level of economic development between regions.
Article 50 Wages shall be paid monthly to labourers themselves in monetary form. The wages of labourers shall not be withheld or delayed without cause.
Article 51 The employing unit shall pay wages according to law to labourers on statutory holidays, during marriage and funeral leave and during their participation in social activities according to law.
Chapter VI Labor Safety and Health
Article 52 The employing unit must establish and improve the labor health system, strictly implement the national rules and standards on labor safety and health, educate labourers on labor safety and health, prevent accidents in the process of work and reduce occupational hazards.
Article 53 Labor safety and health facilities must meet the standards set by the State.
The labor safety and health facilities of new, rebuilt and expanded projects must be designed, constructed, put into production and use simultaneously with the theme.
The labor safety and health facilities of new, rebuilt and expanded projects must be designed, constructed, put into production and use simultaneously with the theme.
Article 54 The employing unit must provide labourers with occupational safety and health conditions and necessary labor protection articles that conform to the provisions of the State, and shall conduct regular health examinations for labourers engaged in operations with occupational hazards.
Article 55 Labourers engaged in special operations must receive special training and obtain qualifications for special operations.
Article 56 Labourers must strictly observe safe operation rules in the course of their work.
Labourers have the right to refuse to carry out any illegal command or forced risky operation by the management personnel of the employing unit; They shall have the right to criticize, report and accuse acts endangering life safety and health.
Labourers have the right to refuse to carry out any illegal command or forced risky operation by the management personnel of the employing unit; They shall have the right to criticize, report and accuse acts endangering life safety and health.
Article 57 The State establishes a system for statistical reporting and handling of casualties and occupational diseases. The labor administrative departments, relevant departments and the employing units of the people's governments at or above the county level shall, in accordance with the law, make statistics, report and handle the casualty accidents and occupational diseases of the workers in the course of their work.
Chapter VII Special Protection for Female Workers and Juvenile Workers
Article 58 The State shall provide special labor protection to female workers and juvenile workers.
Juvenile workers refer to those who have reached the age of 16 but not 18.
Juvenile workers refer to those who have reached the age of 16 but not 18.
Article 59 It is prohibited to arrange female staff and workers to engage in underground work in mines, work with Grade IV physical labour intensity as prescribed by the State and other work that they should not engage in.
Article 60 Female workers shall not be arranged to engage in work at heights, at low temperatures, or in cold water during their menstrual periods, or work with Grade III physical labor intensity as stipulated by the State.
Article 61 During pregnancy, female workers shall not be arranged to engage in work with Grade III physical labor intensity as stipulated by the State or work that they should not engage in during pregnancy. Female employees who are pregnant for more than 7 months should not be disturbed
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