The Decision of the Ministry of Human Resources and Social Security on Amending the Provisions on the Employment Administration of Foreigners in China, as deliberated and adopted at the 116th executive meeting of the Ministry of Human Resources and Social Security on Jan 22, 2017, upon deliberation with and the consent of the Ministry of Public . Article 96 Where the employing unit commits one of the following acts, persons who are held responsible shall be punished by the public security organ with a detention of 15 days or less, or a fine, or a warning; where the case constitutes a crime, persons who are held responsible shall be investigated for criminal responsibility according to law: (1) Compelling laborers to work by means of violence, intimidation or illegal restriction of personal freedom; or. Article 20 The term of a labor contract is classified into fixed term, non-fixed term and the completion of a specific assignment as a term. 6256, which bans imports from the Xinjiang Uyghur Autonomous Region (Xinjiang) of the People's Republic of China and imposes . Article 45 The State shall practise a system of annual vacation with pay. Article 8 Laborers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of laborers through the assembly of staff and workers or their congress or other forms as provided by law. Article 77 If a labour dispute between the employing unit and a labourer arises, the parties may apply for mediation or arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. (4) To fail to provide labourers with economic compensations in accordance with the provisions of this Law after cancellation of labour contracts. Adopted on: 2002-06-29. Copyright2023 China Daily. 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. It's easily confused with the Labour Contract Law of the People's Republic of China because of similar names and unprecise media reports. 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 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests arbitration, that party may apply to the labor dispute arbitration committee for arbitration. The State shall encourage enterprises, institutions and public organizations to initiate industries or expand businesses for the increase of employment, within the scope provided by laws, and administrative rules and regulations. Article 81 A labor dispute arbitration committee shall be composed of representatives of the administrative department of labor, representatives from the trade union at the corresponding level, and representatives of the employing unit. (3) Failure on the part of the employing unit to pay labor remuneration or to provide working conditions as agreed upon in the labor contract. If the circumstances are serious, the administrative department for industry and commerce shall revoke its business license. Article 92 Where the occupational safety facilities and health conditions of an employing unit do not comply with the provisions of the State or the unit fails to provide labourers with necessary labour protection articles and labour protection facilities, the administrative department of labour or other relevant departments shall order it to make corrections, and may impose a fine thereon. Renewable Energy Law of the People's Republic of China 2014/09/08; Resolution of the Standing Committee of the National People's Congress on Approving the Interim Provisions of the State Council for Veteran Cadres to Leave Their Posts in Order to Rest 2014/09/08; Circular on Further Rectification and Standardization of the Cultural Market Order Article 18 The employees of a company shall, according to the Labor Union Law of the People's Republic of China, organize a labor union, which shall carry out union activities and safeguard the lawful rights and interests of the employees. Article 1 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress. Chapter I General Provisions Article 1 This Law is enacted in order to resolve labor disputes in an impartial and timely manner, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations. Article 33 The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labor remuneration, working hours, rest and vacations, occupational safety and health, insurance and welfare. Article 104 Where functionaries of the State or personnel of the agencies in charge of social insurance funds misappropriate the social insurance funds, where the case constitutes a crime, they shall be investigated for criminal responsibility according to law. Chapter III Labor Contracts and Collective Contracts. If no objections have been raised, the parties must execute the arbitration decision. (4) Other circumstances stipulated by laws, administrative rules and regulations. Article 57 The State shall establish a system of statistical report and disposition of accidents of injuries or deaths and cases of occupational diseases. (4) Other circumstances stipulated by laws, administrative rules and regulations. [4], The law is widely criticised for its defects. 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. Article 52 The employing unit must establish and perfect the system of occupational safety and health, strictly implement the rules and standards of the State with regard to occupational safety and health, carry out education among laborers in occupational safety and health, prevent accidents in the process of work, and lessen occupational hazards. Labour Law of the People's Republic of China - Ministry of Commerce 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. All rights reserved. China Trade Unions: Requirements for Employers Under Amended Law 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. (3) Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labor contract cannot be carried out, and no agreement on modification of the labor contract can be reached through consultation by the parties. Country: China: Subject(s): Labour codes, general labour and employment acts: Type of legislation: Law, Act: Adopted on: 2007-06-29: Entry into force: Published on: Unofficial English Translation, 24 pages 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. It is prohibited to arrange for women workers or staff members who have been pregnant for seven months or more to work in extended working hours or to work night shifts. belongs to www.gov.cn. The wages to be paid to labourers shall not be embezzled nor the payment thereof delayed without justification. 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. Country: China. The supervisory organizations of social insurance funds shall exercise supervision over the revenue and expenditure, management and operation of social insurance funds in accordance with the stipulations of laws. China - Labour Contract Law of the People's Republic of China (Order No China's rubber-stamp legislature on Wednesday passed a "Foreign Relations Law" intended to enhance "extraterritorial application" of Communist law in other words, force people in other countries to obey it, or at least fear it and protect the regime in Beijing from foreign sanctions. (3) Other circumstances stipulated by laws, administrative rules and regulations. If the circumstances are serious, the above-said departments shall refer the matter to the peoples government at or above the county level for a decision ordering the unit to stop production for consolidation. Article 71 The level of social insurance shall be in proportion to the level of social and economic development and the social affordability. 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. Article 70 The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so that laborers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child-birth. Article 17 Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and agreement through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations. Article 50 Wages shall be paid monthly to labourers themselves in the form of cash. and protect the labour rights of the labourers in according with the law. Institutions of literature and art, physical culture, and special arts and crafts that recruit minors under the age of 16 must go through the formalities of examination and approval in accordance with the relevant provisions of the State and guarantee their right to compulsory education. Article 50 Wages shall be paid monthly to laborers themselves in the form of cash. 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 labor relationship, and gradually raise the living standard of laborers. Article 35 A collective contract concluded in accordance with the law shall be binding on both the enterprise and all of its staff and workers. If the unit fails to take measures against the hidden danger of an accident, which leads to the occurrence of a serious accident, thus causing losses of lives and properties to labourers, persons who are held responsible shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 187 of the Criminal Law. 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. New Labor Laws in California - California Department of Industrial Article 25 If a laborer is under any of the following circumstances, the employing unit may cancel the labor contract with him: (1) Having been proved not up to the requirements for recruitment during the probation period; (2) Having seriously violated labor 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. The parties must fulfill the obligations stipulated in the labor contract. Article 24 A labour contract may be cancelled by agreement reached between the parties through consultation. Article 61 It is prohibited to arrange for women workers or staff members during their pregnancy to engage in work with Grade III physical labour intensity as stipulated by the State or other work forbidden to pregnant women. Article 85 The administrative departments of labour under the peoples governments at or above the county level shall, in accordance with the law, supervise and inspect the implementation of laws, rules and regulations on labour by the employing unit, and have the power to stop any acts that run counter to laws, rules and regulations on labour and order the rectification thereof. 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. In 2008, the 98-article-long Labour Contract Law came into effect to further regulate related behaviours. Article 99 Where an employing unit recruits labourers whose labour contracts have not yet been cancelled, thus causing economic losses to the former employing unit of such labourers, the employing unit shall assume joint liabilities for compensation according to law. This English version is only for reference. The standards of working conditions and labor remuneration agreed upon in labor contracts concluded between individual laborers and the enterprise shall not be lower than those stipulated in the collective contract. Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently carry out their activities in accordance with the law. Article 88 Trade unions at various levels shall, in accordance with the law, safeguard the legitimate rights and interests of labourers, and supervise the implementation of laws, rules and regulations on labour by the employing units. Article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and agreement through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations. Where the employing unit that cut down the number of its workforce in accordance with this Article is to recruit personnel within six months, it shall give priority in employment to the persons who have been laid off. 1174. It was promulgated by the Standing Committee of the National People's Congress of China on July 5, 1994, and came into effect on January 1, 1995.
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