Chapter II: Employment Promotion
Chapter III: Labor Contracts and Collective Contracts
Chapter IV: Working Hours and Rest and Vacation
Chapter V: Wages
Chapter VI: Labor Safety and Hygiene
Chapter VII: Special Protection for Female Employees and Minors
Chapter VIII: Vocational Training
Chapter X: Labor Disputes
Chapter XI: Supervision and Inspection
Chapter XII: Legal Responsibility >Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Article 1 For the purpose of protecting the lawful rights and interests of laborers, adjusting the labor relations, establishing and maintaining a labor system that is adapted to the socialist market economy, promoting economic development and social progress, and promoting social progress. and promote economic development and social progress, this Law is enacted in accordance with the Constitution.
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and to the workers with whom they form labor relations.
State organs, public organizations, social organizations and workers with whom they form labour contractual relationships shall be governed by this Law.
Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to remuneration for their work, the right to rest and leave, the right to protection of labor safety and hygiene, the right to vocational skills training, the right to social insurance and benefits, the right to submit a request for the handling of labor disputes, and the other labor rights stipulated by law. Workers shall complete their labor tasks, improve their vocational skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 An employer shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and fulfill their labor obligations.
Article 5 The State shall take various measures to promote employment, develop vocational education, set labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of workers.
Article 6 The State promotes the participation of workers in voluntary social work, carries out labour competitions and rationalization proposals, encourages and protects workers in scientific research, technological innovation and invention, and recognizes and rewards model workers and advanced workers.
Article 7 Workers have the right to join and organize trade unions in accordance with law. Labor unions represent and safeguard the lawful rights and interests of workers and carry out their activities independently and autonomously in accordance with law.
Article 8 Workers shall, in accordance with the provisions of the law, participate in democratic management through workers' meetings, workers' congresses or other forms, or engage in equal consultation with employers on the protection of the lawful rights and interests of workers.
Article 9 The labor administrative department under the State Council shall be in charge of national labor work. The labor administrative departments of local people's governments at or above the county level shall be in charge of labor work in their own administrative regions.
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, public organizations and social groups to set up industries or expand their operations within the limits prescribed by laws and administrative regulations in order to increase employment. The State supports the voluntary organization of workers for employment and the pursuit of self-employment to achieve employment.
Article 11 Local people's governments at all levels shall take measures to develop various types of employment agencies to provide employment services.
Article 12 There shall be no discrimination against workers in employment on the basis of ethnicity, race, sex or religious belief.
Article 13 Women enjoy equal employment rights with men. In hiring workers, except for those types of work or positions not suitable for women as prescribed by the State, women may not be refused employment or have their hiring standards raised on the basis of their sex.
Article 14 Where there are special provisions in laws and regulations concerning the employment of disabled persons, persons belonging to ethnic minorities, or military personnel who have left active service, such provisions shall apply.
Article 15 Employers are prohibited from employing minors under the age of sixteen.
Units of arts and culture, sports and special crafts that employ minors under the age of sixteen must, in accordance with the relevant provisions of the State, fulfill the approval procedures and safeguard their right to receive compulsory education.
Chapter III: Labor Contracts and Collective Contracts
Article 16: A labor contract is an agreement between a worker and an employer establishing a labor relationship and specifying the rights and obligations of both parties.
A labor contract shall be concluded to establish a labor relationship.
Article 17 The conclusion and change of a labor contract shall be based on the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. A labor contract shall be legally binding when it is concluded in accordance with the law, and the parties must fulfill their obligations under the labor contract.
Article 18 The following labor contracts shall be null and void:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by means of fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. Where a part of a labor contract is confirmed to be invalid, the remaining parts remain valid if they do not affect the validity of the remaining parts. The invalidity of an employment contract shall be confirmed by the Arbitration Committee for Labor Disputes or the People's Court.
Article 19 A labor contract shall be concluded in writing and have the following provisions:
(1) the duration of the labor contract;
(2) the content of the work;
(3) labor protection and labor conditions;
(4) labor remuneration;
(5) labor discipline;
(6) the conditions of labor contract conditions of termination;
(vii) liability for breach of labor contract.
In addition to the necessary provisions stipulated in the preceding paragraph, the parties to the labor contract may negotiate and agree on other contents.
Article 20 The term of a labor contract is divided into fixed term, indefinite term and term based on the completion of a certain amount of work. Where a worker has worked continuously in the same employer for more than ten years and both parties agree to renew the labor contract, if the worker proposes to enter into a labor contract with an open-ended term, a labor contract with an open-ended term shall be entered into.
Article 21 An employment contract may agree on a probationary period. The maximum length of the trial period shall not exceed six months.
Article 22 The parties to an employment contract may agree in the employment contract on matters relating to the preservation of commercial secrets of the employer.
Article 23 An employment contract shall be terminated upon the expiration of the term of the employment contract or upon the occurrence of the conditions for termination of the employment contract as agreed by the parties.
Article 24 The labor contract may be terminated by consensus of the parties to the labor contract.
Article 25 An employer may terminate an employment contract if a worker:
(1) is proved to be incompatible with the conditions of employment during the probationary period;
(2) seriously violates labor discipline or the rules and regulations of the employer;
(3) seriously fails to perform his duties, engages in malpractice for personal gain and inflicts serious damage on the interests of the employer;
(4) seriously neglects his duties, or engages in malpractice for personal gain and inflicts major damage on the interests of the employer.
(4) being investigated for criminal responsibility according to law.
Article 26 An employer may terminate an employment contract under any of the following circumstances, but shall give the worker thirty days' notice in writing:
(1) if the worker is ill or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in the original work or in the work otherwise arranged by the employer;
(2) if the worker is unable to perform the work, and after training or adjustment of the work position, the worker is unable to perform the work, and after training or adjustment of the work position, the worker is unable to perform the work.
(b) the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work;
(c) there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and no agreement can be reached on the alteration of the labor contract through the negotiation of the parties concerned.
Article 27 If an employer is on the verge of bankruptcy during the statutory rectification period or if the production and operation situation is in serious difficulties and it is necessary to reduce the number of employees, the employer shall explain the situation to the trade unions or all the employees 30 days in advance, listen to the opinions of the trade unions or the employees, and may reduce the number of employees after it has reported the situation to the administrative department of labor. If the employer reduces the number of personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to hiring the personnel who have been reduced.
Article 28 If an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, the employer shall give economic compensation in accordance with the relevant provisions of the State.
Article 29 An employer shall not terminate an employment contract in accordance with the provisions of Articles 26 and 27 of this Law if the worker is under one of the following circumstances:
(1) suffering from occupational disease or work-related injury and confirmed to have lost or partially lost the ability to work;
(2) suffering from illness or injury within the stipulated period of medical treatment;
(3) Female workers during pregnancy, childbirth or breastfeeding;
(4) Other cases stipulated by laws and administrative regulations.
Article 30 If an employer terminates a labor contract and the labor union considers it inappropriate, the labor union has the right to make comments. If the employer violates the laws and regulations or the labor contract, the labor union shall have the right to demand that the matter be reopened; if the worker applies for arbitration or files a lawsuit, the labor union shall give support and assistance in accordance with the law.
Article 31 A worker who terminates a labor contract shall notify the employer in writing thirty days in advance.
Article 32 A worker may terminate an employment contract at any time by giving notice to the employer under any of the following circumstances:
(1) during the probationary period;
(2) where the employer forces labor by means of violence, threat, or unlawful restriction of personal freedom;
(3) where the employer fails to pay the labor remuneration or to provide the labor conditions in accordance with the agreement of the labor contract. labor conditions.
Article 33 The employee side of an enterprise and the enterprise may conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare. The draft of the collective contract shall be submitted to the workers' congress or all workers for discussion and adoption.
Collective contracts shall be signed by the labor union on behalf of the workers and the enterprise; in enterprises without labor unions, they shall be signed by representatives elected by the workers and the enterprise.
Article 34 A collective contract shall be submitted to the labor administration department after it is signed; if the labor administration department does not raise any objection within fifteen days from the date of receipt of the text of the collective contract, the collective contract shall come into effect.
Article 35 Collective contracts concluded in accordance with the law shall be binding on the enterprise and all its employees. The standards of labor conditions and labor remuneration in the labor contract concluded between an individual employee and an enterprise shall not be lower than those stipulated in the collective contract.
Chapter IV: Working Hours and Rest and Vacation
Article 36 The State shall implement a system of working hours under which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 37 For workers who work on a piece-rate basis, the employer shall reasonably determine their labor quotas and piece-rate compensation standards in accordance with the working hour system stipulated in Article 36 of this Law.
Article 38 An employer shall ensure that workers have at least one day of rest per week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administration department, implement other work and rest methods.
Article 40 An employer shall arrange for workers to take leave in accordance with law during the following festivals:
(1) New Year's Day;
(2) Chinese New Year;
(3) International Labor Day;
(4) National Day;
(5) other leave festivals provided for by laws and regulations.
Article 41 An employer may, for reasons of production and operation, extend the working hours after consultation with the labor union and the workers, and generally the working hours shall not exceed one hour per day; if the working hours need to be extended for special reasons, the extension of the working hours shall not exceed three hours per day under the condition of protecting the health of the workers, but shall not exceed thirty-six hours per month.
Article 42 Extended working hours shall not be subject to the limitations of Article 41 of this Law under any of the following circumstances:
(1) Where there is a natural disaster, an accident, or a threat to the life, health and property safety of a worker due to some other reason, and urgent action is required;
(2) Where there is a breakdown of production equipment, transportation routes, or public ****ing facilities, which affects production and public interests and must be repaired in time;
(3) other cases stipulated by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 44 Where any of the following circumstances exists, the employer shall pay a wage remuneration higher than the wage of the worker's normal working hours in accordance with the following standards:
(1) If the employer arranges for the worker to extend his/her working hours, he/she shall be paid a wage remuneration of not less than 150 percent of his/her wage;
(2) If the employer arranges for the worker to work on his/her rest days and cannot arrange for compensatory time off, he/she shall be paid a wage remuneration of not less than 200 percent of his/her wage. less than two hundred percent of the wages;
(3) where workers are arranged to work on statutory vacations, remuneration of not less than three hundred percent of the wages shall be paid.
Article 45 The State shall implement a system of paid annual leave.
Laborers who have worked continuously for more than one year shall be entitled to paid annual leave. The specific measures shall be prescribed by the State Council.
Chapter V Wages
Article 46 Wage distribution shall follow the principle of distribution according to work and equal pay for equal work. The level of wages shall be raised gradually on the basis of economic development. The State shall exercise macro-control over the total amount of wages.
Article 47 Employing units shall, in accordance with the characteristics of their production and operation and their economic benefits, independently determine the method of wage distribution and the wage level of their units in accordance with the law.
Article 48 The State shall implement a system of guaranteed minimum wages. The specific standards for minimum wages shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid to workers by employers shall not be less than the local minimum wage standard.
Article 49 The following factors shall be taken into account in determining and adjusting the minimum wage standard:
(1) the minimum cost of living for the worker and the average number of people supported by the worker;
(2) the average level of wages in the community;
(3) the productivity of the labor force;
(4) the state of employment;
(5) differences in the level of economic development between regions. differences in the level of development between regions.
Article 50 Wages shall be paid monthly in monetary terms to the workers themselves. Wages shall not be withheld or unreasonably owed to workers.
Article 51 An employer shall pay wages to a worker in accordance with the law during his legal vacation days and marriage and funeral leave, as well as during his participation in social activities in accordance with the law.
Chapter 6 Labor Safety and Health
Article 52 Employing units must establish and improve labor safety and health systems, strictly implement national labor safety and health regulations and standards, educate workers on labor safety and health, prevent accidents in the labor process and reduce occupational hazards.
Article 53: Labor safety and health facilities must comply with the national standards.
The labor safety and health facilities of new construction, reconstruction and expansion projects must be designed, constructed and put into production and use at the same time as the main project.
Article 54 Employers must provide workers with labor safety and hygiene conditions and necessary labor protection supplies in accordance with state regulations, and workers engaged in occupational hazards shall undergo regular health checks.
Article 55 Workers engaged in special operations must be specially trained and qualified for special operations.
Article 56 Workers must strictly abide by the safety operation procedures in the labor process. Workers have the right to refuse to carry out the illegal command of the management personnel of the employing unit, or the forced risky operation; and they have the right to criticize, denounce and complain against the acts that endanger their life safety and health.
Article 57 The State establishes a system of statistical reporting and handling of casualties and occupational diseases. The labor administrative departments of the people's governments at or above the county level, the relevant departments and employers shall, in accordance with the law, compile statistics on, report on and deal with casualty accidents occurring in the course of labor and the status of occupational diseases among workers.
Chapter VII Special Protection for Women Workers and Underage Workers
Article 58 The State implements special labor protection for women workers and underage workers.
Underage workers are those who have reached the age of sixteen and have not yet reached the age of eighteen.
Article 59 It is prohibited to arrange for female workers to engage in underground work in mines, work of the fourth level of physical labor intensity as prescribed by the State, and other work that is taboo.
Article 60 It is prohibited to arrange for female workers to be engaged in high, low-temperature and cold-water work during their menstruation period, and work of the third level of physical labor intensity as prescribed by the State.
Article 61 shall not arrange for female workers to engage in labor of the third level of physical labor intensity as prescribed by the State during pregnancy, or labor that is forbidden during pregnancy. Female workers who are more than seven months pregnant shall not be assigned to extended working hours or night-shift labor.
Article 62: Female workers shall be entitled to maternity leave of not less than ninety days.
Article 63 No female worker shall be arranged to engage in labor of the third level of physical strength prescribed by the State during the period of breastfeeding an infant under one year of age, or in any other labor prohibited during the period of breastfeeding, nor shall she be arranged to extend her working hours or to work night shifts.
Article 64 shall not arrange for underage workers to engage in underground work in mines, poisonous and harmful work, work of the fourth level of physical labor intensity as prescribed by the State, and other work that is taboo.
Article 65 Employing units shall conduct regular health examinations for underage workers.
Chapter VIII Vocational Training
Article 66 The State shall, by all means and through all measures, develop the cause of vocational training, develop the vocational skills of laborers, improve their quality, and enhance their employability and working ability.
Article 67 The people's governments at all levels shall incorporate the development of vocational training into the planning of social and economic development, and encourage and support enterprises, institutions, social organizations and individuals in a position to do so to carry out various forms of vocational training.
Article 68 Employers shall establish a system of vocational training, in accordance with the provisions of the State to extract and use funds for vocational training, in accordance with the actual situation of the unit, planned vocational training for workers. Laborers engaged in skilled trades must undergo training before taking up their jobs.
Article 69 The State determines the classification of occupations, sets standards of vocational skills for prescribed occupations, implements a system of vocational qualification certificates, and government-approved assessment and appraisal organizations are responsible for assessing and appraising the vocational skills of workers.
Chapter IX Social Insurance and Welfare
Article 70 The State develops social insurance, establishes a social insurance system, and sets up a social insurance fund to enable workers to receive assistance and compensation in cases of old age, illness, industrial injury, unemployment and childbirth.
Article 71 The level of social insurance shall be commensurate with the level of socio-economic development and the affordability of society.
Article 72 The social insurance fund determines its sources of funding in accordance with the type of insurance, and social coordination is gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.
Article 73 Workers are entitled to social insurance benefits in accordance with the law in the following circumstances:
(1) retirement;
(2) illness or injury;
(3) work-related disability or occupational disease;
(4) unemployment;
(5) childbirth.
When a worker dies, his survivors are entitled to survivors' benefits in accordance with the law. The conditions and standards under which workers are entitled to social insurance benefits are set forth in laws and regulations. The social insurance benefits enjoyed by workers must be paid in full and on time.
Article 74 The social insurance fund management organization collects, manages and operates the social insurance fund in accordance with the provisions of the law, and is responsible for preserving and increasing the value of the social insurance fund. The supervisory organization of a social insurance fund shall, in accordance with the provisions of the law, supervise the collection, expenditure, management and operation of the social insurance fund. The establishment and functions of social insurance fund management organizations and social insurance fund supervisory bodies are prescribed by law. No organization or individual may misappropriate the social insurance fund.
Article 75 The State encourages employers to establish supplementary insurance for workers in accordance with the actual situation of the organization. The State advocates individual savings insurance for workers.
Article 76 The State develops social welfare undertakings and builds public **** welfare facilities to provide conditions for workers to rest, recuperate and convalesce. Employers shall create conditions to improve collective welfare and enhance the welfare of workers.
Chapter X Labor Disputes
Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or litigation in accordance with the law, or may settle the dispute through consultation. The principle of conciliation applies to arbitration and litigation procedures.
Article 78 The settlement of labor disputes shall be based on the principles of lawfulness, fairness and promptness, and the lawful rights and interests of the parties to a labor dispute shall be safeguarded in accordance with the law.
Article 79 After a labor dispute has arisen, the parties concerned may apply for conciliation to the unit's Labor Dispute Conciliation Committee; if conciliation fails, and if one of the parties requests arbitration, he or she may apply for arbitration to the Labor Dispute Arbitration Committee. One of the parties may also apply directly to the Labor Dispute Arbitration Committee for arbitration. If the arbitration award is not accepted, a lawsuit can be filed with the People's Court.
Article 80 Within an employing unit, a labor dispute conciliation committee may be established. The labor dispute mediation committee shall be composed of representatives of employees, the employer and the labor union. The head of the labor dispute conciliation committee shall be a representative of the labor union. Where an agreement is reached in a labor dispute after conciliation, the parties concerned shall fulfill it.
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. The chairman of the labor dispute arbitration committee shall be a representative of the labor administration department.
Article 82 The party making a request for arbitration shall submit a written application to the Labor Dispute Arbitration Committee within sixty days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within sixty days of the receipt of the application for arbitration. If there is no objection to the arbitration award, the party must fulfill it.
Article 83 If a party to a labor dispute is not satisfied with the arbitration award, it may, within fifteen days from the date of receipt of the arbitration award, file a lawsuit in a people's court. If a party fails to file a lawsuit within the statutory period and fails to fulfill the arbitral award, the other party may apply to the people's court for compulsory execution.
Article 84 If a dispute arises over the signing of a collective contract and cannot be resolved through consultation between the parties concerned, the labor administrative department of the local people's government may organize the parties concerned to coordinate the handling of the dispute. Where a dispute arises over the fulfillment of a collective contract and cannot be resolved through consultation, the parties concerned may apply to the Arbitration Commission for Labor Disputes for arbitration; if they 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.
Chapter XI Supervision and Inspection
Article 85 The labor administrative departments of the people's governments at or above the county level shall, in accordance with the law, carry out supervision and inspection of employers' compliance with labor laws and regulations, and shall have the right to stop, and order rectification of, any violation of labor laws and regulations.
Article 86: In the performance of their official duties, supervisory and inspection personnel of the labor administrative departments of the people's governments at or above the county level shall have the right to enter the employing units to learn about the implementation of labor laws and regulations, to inspect the necessary information, and to inspect the workplaces.
Supervisors and inspectors of the labor administrative departments of the people's governments at or above the county level must show their credentials, enforce the law impartially, and abide by the relevant regulations in the performance of their official duties.
Article 87 The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, supervise the compliance of employers with labor laws and regulations.
Article 88 Trade unions at all levels safeguard the lawful rights and interests of workers in accordance with the law and supervise the compliance of employers with labor laws and regulations. Any organization or individual shall have the right to report and complain about violations of labor laws and regulations.
Chapter XII: Legal Liability
Article 89 If an employer formulates labor rules and regulations in violation of the laws and regulations, the labor administration department shall give a warning and order rectification; and if it causes damage to the workers, the employer shall bear the responsibility for compensation.
Article 90 Where an employer extends the working hours of a worker in violation of the provisions of this Law, the administrative department of labor shall give a warning and order rectification, and may impose a fine.
Article 91 If an employer violates the lawful rights and interests of workers in any of the following ways, the labor administration department shall order the payment of the workers' wages and remuneration, economic compensation, and may also order the payment of compensation:
(1) withholding or defaulting on the payment of wages to the workers without any justification;
(2) refusing to pay the wages and remuneration to the workers for extended working hours;
(iii) paying a worker less than the local minimum wage standard;
(iv) failing to give the worker economic compensation in accordance with the provisions of this Law after terminating the labor contract.
Article 92 Where an employer's labor safety facilities and labor hygiene conditions do not conform to state regulations or where it fails to provide workers with the necessary labor protective equipment and labor protection facilities, the administrative department of labor or the relevant department shall order rectification, and may impose a fine; where the circumstances are serious, it shall be referred to the people's government at or above the county level for decision to order the suspension of production and rectification of production; and where the employer fails to take measures in respect of hidden accidents, resulting in the occurrence of a In the event of a major accident resulting in loss of life and property of workers, the persons responsible shall be held criminally liable in accordance with the provisions of Article 187 of the Criminal Law.
Article 93 Where an employing unit forces workers to work in violation of regulations and risk their lives, and a major accident occurs, causing serious consequences, the persons responsible shall be held criminally liable in accordance with the law.
Article 94 If an employer illegally employs a minor under the age of sixteen, he shall be ordered by the administrative department for labor to make corrections and shall be fined; if the circumstances are serious, the administrative department for industry and commerce shall revoke the business license.
Article 95 If an employer violates the provisions of this Law on the protection of female workers and underage workers and infringes upon their lawful rights and interests, it shall be ordered by the administrative department of labor to make corrections and shall be fined; and if it causes damages to the female workers or underage workers, it shall bear the responsibility of compensation.
Article 96 If an employing unit commits any of the following acts, the public security authorities shall impose a term of detention of not more than fifteen days, a fine or a warning on the responsible person; if a crime is constituted, the responsible person shall be held criminally liable in accordance with the law:
(1) forcing a worker to work by means of violence, threat or unlawful restriction of personal freedom;
(2) insulting, physically punishing, beating, illegally searching or detaining a worker. detention of laborers.
Article 97 If an invalid contract concluded for reasons attributable to the employer causes damage to a worker, the employer shall be liable for compensation.
Article 98 Where an employer terminates an employment contract in violation of the conditions prescribed in this Law or deliberately delays the conclusion of an employment contract, the labor administration department shall order rectification; if damage is caused to the worker, the employer shall bear the responsibility for compensation.
Article 99 If an employer recruits a worker whose labor contract has not yet been terminated and causes economic loss to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law.
Article 100 If an employer fails to pay social insurance premiums for no reason, the labor administration department shall order the employer to pay the premiums within a certain period of time, and in case of failure to pay the premiums after the expiration of the period of time, it may impose late payment charges.
Article 101 If an employer unreasonably obstructs the exercise of the right of supervision and inspection by the administrative department of labor, the relevant departments and their staff, or retaliates against a person who reports a case, the administrative department of labor or the relevant department shall impose a fine; and if the case constitutes a crime, the person in charge shall be held criminally liable in accordance with the law.
Article 102 If a worker terminates an employment contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed upon in the employment contract, and causes economic loss to the employing unit, he or she shall be liable for compensation in accordance with the law.
Article 103 Where the abuse of power, dereliction of duty, favoritism or malpractice by a staff member of a labor administration department or a related department constitutes a crime, he or she shall be held criminally liable in accordance with the law; and where it does not, he or she shall be subject to administrative penalties.
Article 104 Where the misappropriation of social insurance funds by State officials and staff members of social insurance fund management organizations constitutes a crime, criminal responsibility shall be investigated according to law.
Article 105 Where infringement of the lawful rights and interests of workers is committed in violation of the provisions of this Law, and where penalties have been provided for in other laws or regulations, the penalties shall be imposed in accordance with the provisions of such laws or administrative regulations.
Chapter XIII Supplementary Provisions
Article 106 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of this Law and the actual situation in their respective regions, prescribe the steps for the implementation of the labor contract system, and report them to the State Council for the record.
Article 107 This Law shall come into force on January 1, 1995, and shall be implemented as of the same date.
This Law shall come into force on January 1, 1995.