Labour Law of the People's Republic of China
(Adopted at the Eighth Session 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,
and effective as of January 1, 1995)
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 laborers readjust labor
relationship, establish and safeguard a labor system suited to the socialist
market economy, and promote development and social progress.
Article 2 This Law applies to all enterprises and individual economic organizations
(hereinafter referred to as employing units) within the borders of the People's
Republic of China and the laborers who form a labor relationship therewith.
State organs, institutional organizations and societies as well as laborers who
form a labor contract relationship therewith shall follow this Law.
Article 3 Laborers shall have the right to be employed on an equal basis, choose
occupations, obtain remuneration for their labor, take rest, have holidays and
leaves, obtain protection of occupational safety and health, receive training in
vocational skills, enjoy social insurance and welfare, and submit applications
for settlement of labor disputes, as well as other rights relating to labor as
stipulated by law.
Laborers shall fulfill their labor tasks, improve their vocational skills, follow
rules on occupational safety and health, and observe labor discipline and
professional ethics.
Article 4 The employing units shall establish and perfect rules and regulations in
accordance with the law in order to ensure that laborers enjoy the right to
work and fulfill labor obligations.
-44- Ferrier Hodgson
Article 5 The State shall take various measures to promote employment, develop
vocational education, lay down labor standards, regulate social incomes,
perfect the social insurance system, coordinate labor relationships, and
gradually raise the living standard of laborers.
Article 6 The State shall advocate the participation of laborers in social voluntary labor
and the development of their labor competitions and activities of forwarding
rational proposals, encourage and protect the scientific research and technical
renovation engaged by laborers, as well as their inventions and creations; and
commend and reward model laborers and advanced workers.
Article 7 Laborers shall have the right to participate in and organize trade unions in
accordance with the law.
Trade unions shall represent and safeguard the legitimate rights and interests
of laborers and independently conduct their activities in accordance with the
law.
Article 8 Laborers shall, through the assembly of staff and workers or their congress,
or other forms in accordance with the provisions of laws, rules and
regulations, take part in democratic management or consult with the
employing units on an equal footing about protection of the legitimate rights
and interests of laborers.
Article 9 The labor administrative department of the State Council shall be in charge of
labor management throughout the entire country.
The labor administrative departments of the local People’s Governments at or
above the county level shall be in charge of labor management in the

[1] [2] [3] [4] [5] [6] [7] [8] [9] [10]  ... 下一页  >>