Labor Law of the People's Republic of China
(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994)
Table of Contents
Chapter 1 General Provisions
Chapter 2 Employment Promotion
Chapter 3 Labor Contracts and Collective Contracts
Chapter 4 Working Hours and Rest and Leave
Chapter 5 Wages
Chapter 6 Labor Safety and Health
Chapter 7 Special Protection for Female Employees and Underage Workers
Chapter 8 Vocational Training
Chapter 9 Social Insurance and Welfare
Chapter 10 Labor Disputes
Chapter 11 Supervision and Inspection
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to protect the lawful rights and interests of workers, regulate labor relations, establish and maintain a labor system that adapts to the socialist market economy, 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, as well as to the workers with whom they enter into labour relations.
State organs, public institutions and social organizations and the workers with whom they enter into labour contractual relations shall apply in accordance with this Law.
Article 3: Workers enjoy the right to equal employment and choice of occupation, the right to remuneration for work, the right to rest and leave, the right to protection of occupational safety and health, the right to vocational
skills training, the right to social insurance and welfare benefits, the right to submit a request for the handling of a labor dispute, and the other labor rights stipulated by law.
Laborers shall complete their work 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, conducts labour competitions and rationalization proposals, encourages and protects workers in scientific research, technological innovation, invention and creation, 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 administrative department of labor under the State Council shall be in charge of labor work throughout the country. The labor administrative departments of local people's governments at or above the county level shall be responsible for labor work in their own administrative regions.
Chapter II: Promotion of Employment
Article 10 The State creates conditions for employment 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 parameters prescribed by laws and administrative regulations in order to increase employment. The State supports workers in organizing themselves voluntarily for employment and in engaging in 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 recruiting workers, except for those types of work or positions that the State stipulates are unsuitable for women, women may not be refused employment or have their employment standards raised on the grounds 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 retired from 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
fulfill the approval procedures in accordance with the relevant provisions of the State, 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 to establish a labor relationship and to clarify the rights and obligations of both parties. A labor contract shall be concluded to establish a labor relationship.
Article 17 The conclusion and alteration of a labor contract shall be based on the principles of equality, voluntariness and consensus, and shall not be in violation of the provisions of laws and administrative regulations.
Labor contracts are legally binding when they are 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 threats. An invalid labor contract is not legally binding from the time it is concluded. Confirmation of the invalidity of part of the labor
A part of the labor contract is invalid, if it does not affect the validity of the rest of the part, the rest of the part is still valid . The invalidity of a labor 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 compensation;
(5) labor discipline;
(6) the 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 of completion of certain work. If a worker has worked continuously for the same employer for more than ten years and both parties agree to extend the labor contract, and 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 employing organization.
Article 23 A labor contract shall be terminated upon the expiration of the term of the labor contract or upon the occurrence of the conditions for the termination of the labor contract agreed upon 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 infringes 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 perform his original job or a job that has been arranged for him by the employer;
(2) If the worker is unable to perform his job, and after training or adjustment of his job position, the worker is unable to perform the job, and after training or adjustment of his job position, the worker is unable to perform his original job.
(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 period of legal rectification or if the production and operation situation is in serious difficulty and it is necessary to lay off personnel, it shall explain the situation to the labor union or all the employees 30 days in advance, listen to the opinions of the labor union or the employees, and may lay off the personnel after it has been reported to the labor administrative department. If the employer reduces the number of employees in accordance with the provisions of this Article and hires employees within six months, it shall
prioritize the hiring of the employees who have been reduced in number.
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 a worker is under any of the following circumstances:
(1) suffering from occupational disease or work-related injury and confirmed to have lost or partially lost his or her working ability;
(2) suffering from illness or injury within the prescribed medical treatment period;
(3) during pregnancy, maternity leave, maternity leave, or other leave of absence, a female worker shall be entitled to economic compensation in accordance with the relevant provisions of the State. Female workers during pregnancy, maternity leave and 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 shall have 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
reprocessing of the case; if the worker applies for arbitration or initiates a lawsuit, the labor union shall, in accordance with the law, provide support and assistance.
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) if the employer forces the worker to work by violence, threat or unlawful restriction of personal freedom;
(3) if the employer fails to pay the remuneration for the work or to provide the working conditions in accordance with the agreement in the employment 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 general meeting of employees or all employees for discussion and adoption.
Collective contracts shall be signed by the labor union on behalf of the employees and the enterprise; in enterprises where no labor union has been established, they shall be signed by representatives elected by the employees 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 contracts concluded between individual employees and the enterprise shall not be lower than those stipulated in the collective contract.
Chapter IV: Working Hours and Rest and Vacation
Article 36 The State implements 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 administrative department of labor, implement other methods of work and rest.
Article 40 An employer shall arrange for workers to take leave during the following festivals in accordance with the law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(5) other festivals of leave as stipulated by the laws and regulations.
Article 41 An employer may, after consultation with trade unions and workers, extend the working hours due to the needs of production and operation; generally, the working hours shall not exceed one hour per day; if the working hours need to be extended due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the workers is safeguarded.
Article 42 Extended working hours shall not be subject to the limitations prescribed in Article 41 of this Law in any of the following cases:
(1) Where a natural disaster, accident or other cause threatens the life, health and property safety of workers and requires urgent attention;
(2) Where production equipment, transportation routes, or public **** facilities break down, affecting production and the public interest, and must be repaired in a timely manner. public interests and must be repaired in a timely manner;
(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, in accordance with the following standards, pay wages and remuneration higher than the wages of the workers for normal working hours:
(1) If the employer arranges for the workers to extend their working hours, it shall pay wages and remuneration not lower than 150 percent of their wages;
(2) If the employer arranges for the workers to work on a day of rest, and it is not possible to arrange for compensatory time off, it shall pay wages and remuneration not lower than 200 percent of their wages. (b) If a worker is assigned to work on a rest day and no compensatory time off can be arranged, the worker shall be paid remuneration of not less than 200 percent of his or her wages;
(c) If a worker is assigned to work on a statutory vacation, the worker shall be paid remuneration of not less than 300 percent of his or her wages.
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 be based on the principle of distribution according to work, with equal pay for equal work. Wage levels 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 their own methods of wage distribution and wage levels in accordance with 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.
Wages paid to workers by employers shall not be less than the local minimum wage standard.
Article 49 The determination and adjustment of the minimum wage standard shall be made with reference to the following factors:
(1) the minimum cost of living of the worker and the average number of people supported by him/her;
(2) the average level of wages in the community;
(3) the productivity of labor;
(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 withheld without cause.
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, and educate workers on labor safety and health to prevent accidents in the labor process and reduce occupational hazards.
Article 53 Labor safety and health facilities must comply with national standards. New construction, reconstruction, expansion of labor safety and health facilities must be designed, constructed and put into production and use at the same time with the main project.
Article 54: Employers must provide workers with labor safety and hygiene conditions and necessary labor protective equipment in accordance with state regulations, and workers engaged in occupationally hazardous work shall be subject to regular health examinations.
Article 55 Workers engaged in special operations must undergo special training and obtain qualifications for such operations.
Article 56: In the course of their work, workers must strictly abide by safety regulations. Workers shall have the right to refuse to carry out any illegal command or risky operation ordered by the management of the employing unit; they shall have the right to criticize, denounce and report any act that endangers their lives, safety and health.
Article 57: The State shall establish a system for reporting and handling statistics on 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,
statistically report and deal with casualties and occupational diseases occurring to workers in the course of their work.
Chapter VII Special Protection for Female Workers and Underage Workers
Article 58 The State implements special labor protection for female 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 prohibits the arrangement of female workers to engage in underground work in mines, work of the fourth level of physical strength as prescribed by the State, and other work that is prohibited.
Article 60: Female workers shall not be assigned to work at high places, low temperatures or in cold water during their menstruation period, or to engage in work of the third level of physical strength 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 in activities that are prohibited 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 enjoy maternity leave of not less than ninety days for childbirth.
Article 63 shall not arrange for female workers to engage in the third level of physical labor intensity as 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, and shall not arrange for them to extend their working hours or to work night shifts.
Article 64 shall not arrange for underage workers to be engaged in underground mining, poisonous and harmful labor, or labor of the fourth level of physical labor intensity as prescribed by the State, or other labor that is forbidden to be engaged in.
Article 65 Employing units shall conduct regular health examinations for juvenile workers.
Chapter VIII Vocational Training
Article 66 The State shall, through various means and measures, develop the cause of vocational training, develop the vocational skills of workers, improve the quality of workers, 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 Employing units shall establish a system of vocational training, and in accordance with the provisions of the State shall raise and utilize funds for vocational training, and in accordance with the actual situation of the unit, systematically provide vocational training for workers.
Laborers engaged in skilled trades must undergo training before taking up their jobs.
Article 69: The State shall determine the classification of occupations, set standards of vocational skills for prescribed occupations, and implement a system of vocational qualification certificates, with government-approved assessment and appraisal organizations 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 the event of old age, illness, industrial injury, unemployment or maternity.
Article 71 The level of social insurance shall be commensurate with the level of socio-economic development and social affordability.
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 shall be entitled to social insurance benefits in accordance with the law in the following cases:
(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 shall collect, manage and operate the social insurance fund in accordance with the provisions of the law, and shall be responsible for preserving and increasing the value of the social insurance fund.
Social insurance fund supervisory organizations supervise the collection, expenditure, management and operation of social insurance funds in accordance with the provisions of law. 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 the light of the actual situation of the employer. The State encourages individual workers to take out savings insurance.
Article 76 The State develops social welfare and builds public welfare facilities to provide conditions for workers to rest, recuperate and convalesce. Employers shall create conditions to improve collective welfare and raise the welfare benefits 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, in accordance with the law, apply for mediation, arbitration, or litigation, or 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 the 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 Labor Dispute Conciliation Committee of their own unit; if conciliation fails, and one of the parties requests arbitration, he or she may apply for arbitration to the Labor
Dispute Arbitration Committee. One of the parties can also apply directly to the Labor Dispute Arbitration Committee for arbitration. If the arbitration award is not accepted, a lawsuit may be filed with the People's Court.
Article 80 A labor dispute conciliation committee may be established within an employer. 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 trade 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 claiming 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 from the date of 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 file a lawsuit with the people's court within fifteen days from the date of receipt of the arbitration award. If a party fails to file a lawsuit within the legal period and fails to fulfill the arbitral award, the other party may apply to the people's court for compulsory execution.
Article 84 Where a dispute arises over the signing of a collective contract and the parties fail to reach a settlement through consultation, the labor administrative department of the local people's government may organize the parties concerned to coordinate the handling of the dispute.
If a dispute arises from 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 dissatisfied 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 law, supervise and inspect the observance of labor laws and regulations by the employing units, 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 have the right to enter the employing units to learn about the implementation of labor laws and regulations, to inspect
necessary information, and to conduct inspections of the workplaces. In carrying out their official duties, supervisors and inspectors of the labor administration 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.
Article 87: The relevant departments of the people's governments at or above the county level shall, within their respective spheres of responsibility, supervise the observance of labor laws and regulations by employers.
Article 88 Trade unions at all levels safeguard the lawful rights and interests of workers in accordance with the law and supervise employers' compliance with labor laws and regulations.
Any organization or individual has the right to report and file a complaint against any violation 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 any damage to the workers, the employer shall bear the responsibility of compensation.
Article 90 If 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 administrative department of labor shall order the payment of wages, economic compensation, and may also order the payment of compensation:
(1) withholding or defaulting on the payment of wages for no reason;
(2) refusing to pay the wages of the workers for the extended working hours;
(3) paying wages below the local minimum wage;
(4) failing to pay wages for the extended working hours of the workers; and >(c) Paying workers less than the local minimum wage standard;
(d) Failing to give workers 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 comply with state regulations or 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, the employer shall refer the case to the people's government at or above the county level for a decision to order the suspension and rectification of the production; and where the employer fails to take measures to deal with the hidden dangers of accidents,
the employer shall not take any action against the employer.
If a major accident occurs, resulting in loss of workers' lives and property, the person 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 rules and regulations, causing major accidents resulting in death or injury and resulting in serious consequences, the persons responsible shall be held criminally liable in accordance with the provisions of Article 187 of the Criminal Law.
Article 94 If an employer unlawfully employs a minor under the age of sixteen, the administrative department for labor shall order the employer to make corrections and impose a fine; 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 any damage to a female worker or an underage worker, it shall bear the responsibility of making compensation.
Article 96 If an employer commits any of the following acts, the public security organs 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; and
(2) insulting, physically punishing, beating, unlawfully searching and 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 administrative department of labor shall order the employer to rectify the situation; and if the employer causes damage 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; 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; if a crime is committed, 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 losses to the employer, he or she shall be liable to pay compensation in accordance with the Law.
Article 103 Where an employee of a labor administration department or a related department abuses his power, neglects his duty, or engages in malpractice for personal gain, and such abuse constitutes a crime, he shall be held criminally liable in accordance with law; and where it does not, he shall be subject to administrative penalties.
Article 104: Where the misappropriation of social insurance funds by State employees or by employees of social insurance fund agencies constitutes a crime, criminal responsibility shall be investigated in accordance with 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 administrative 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 the region, 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, as of the same date.