中华人民共和国劳动合同法法
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时间：2016-09-04 20:24
中华人民共和国劳动法病假规定
中华人民共和国劳动法病假规定
一、劳动法病假工资规定
1 、职工患病或非因工负伤治疗期间，在规定的医疗期间内由企业按有关规定支付其病假工资或疾病救济费，病假工资或疾病救济费可以低于当地最低工资标准支付，但不能低于最低工资标准的80%.
2、除劳动法第二十五条规定的情形外，劳动者在医疗期、孕期、产期和乳期内，劳动，劳动合同期限届满时，用人单位不得终止劳动合同。劳动合同的期限应自动延续至医疗期、孕期、产期和乳期期满为止。
3、请长病假的职工在医疗期满后，能从事原工作的，可以继续履行劳动合同;医疗期满后仍不能从事原工作也不能从事由单位另行安排的工作的，由劳动鉴定委员会参照工伤与职业病致残程度鉴定标准进行劳动能力鉴定。被鉴定为一至四级的，应当退出劳动岗位，解除劳动关系，办理因病或非因工负伤退休退职手续，享受相应的退休退职待遇;被鉴定为五至十级的，用人单位可以解除劳动合同，并按规定支付经济补偿金和医疗补助费。
4、劳动法第四十八条中的&最低工资&是指劳动者在法定工作时间内履行了正常劳动义务的前提下，由其所在单位支付的最低劳动报酬。最低工资不包括延长工作时间的工资报酬，以货币形式支付的住房和用人单位支付的伙食补贴，中班、夜班、高温、低温、井下、有毒、有害等特殊工作环境和劳动条件下的津贴，国家法律、法规、规章规定的社会保险福利。
5、劳动者患病或者非因工负伤，经劳动鉴定委员会确认不能从事原工作、也不能从事用人单位另行安排的工作而解除劳动合同的，用人单位应按其在本单位的工作年限，每满一年发给相当于一个月工资的经济补偿金，同时还应发给不低于六个月工资的医疗补助费。患重病和绝症的还应增加医疗补助费，患重病的增加部分不低于医疗补助费的百分之五十，患绝症的增加部分不低于医疗补助费的百分之百。
二、劳动法短期病假的工资计算基数
根据《上海市企业工资支付办法》的相关规定，病假工资的计算基数按以下原则确定：
(一)劳动合同有约定的，按不低于劳动合同约定的劳动者本人所在岗位(职位)相对应的工资标准确定。集体合同(工资集体协议)确定的标准高于劳动合同约定标准的，按集体合同(工资集体协议)标准确定。
(二)劳动合同、集体合同均未约定的，可由用人单位与职工代表通过工资集体协商确定，协商结果应签订工资集体协议。
(三)用人单位与劳动者无任何约定的，病假工资的计算基数统一按劳动者本人所在岗位(职位)正常出勤的月工资的70%确定。
按以上原则计算的病假工资基数，均不得低于本市规定的最低工资标准(现行标准635元)。法律、法规另有规定的，从其规定。
三、连续病假工资的计算系数
1、职工疾病或非因工负伤连续休假在6个月以内的病假工资(又称疾病休假工资)是按照连续工龄分别确定的：
(1)连续工龄不满两年者，病假工资为本人工资的60%;
(2)连续工龄满两年不满四年者，病假工资为本人工资的70%;
(3)连续工龄满四年不满六年者，病假工资为本人工资的80%;
(4)连续工龄满六年不满八年者，病假工资为本人工资的90%;
(5)连续工龄满八年及八年以上者，病假工资为本人工资的100%.
2、职工疾病或非因工负伤连续休假超过6个月的病假工资(又称疾病救济费)也是按照连续工龄分别确定的：
(1)连续工龄不满一年者，疾病救济费为本人工资的40%;
(2)连续工龄满一年不满三年者，疾病救济费为本人工资的50%;
(3)连续工龄满三年及三年以上者，疾病救济费为本人工资的60%.上述提及的&本人工资&均指按《上海市企业工资支付办法》规定的原则所确定的病假工资的计算基数。
四、病假工资的计算公式
月病假工资=病假工资的计算基数&相应的病假工资的计算系数日病假工资=病假工资的计算基数&当月计薪日&相应的病假工资的计算系数五、劳动法病假天数的确定疾病或非因工负伤休假日数应按实际休假日数计算，连续休假期内含有休息日、节假日的应予剔除。而以上公式中提到的计薪日概念，是指国家规定的制度工作日加法定休假日，例如小冯单位的制度工作日是每周工作5天休息2天，6月份单位制度工作日是20天，如果是5月份就得加上&五一&3天法定休假日，而不是统一的国家规定的20.92天月平均工作天数。
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本文已影响中国新劳动法
中国新劳动法
来源:劳动法
日，我国十一届全国人大常委会第三十次会议表决通过关于修改劳动的决定，国家主席胡锦涛签署第73号主席令予以公布。
修改后的劳动合同法规定，经营劳务派遣业务应当具备的条件包括注册资本不得少于人民币二百万元、有与开展业务相适应的固定的经营场所和设施等。同时还规定，经营劳务派遣业务，应当向劳动行政部门依法申请行政许可。
修改后的劳动合同法规定，被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位应当按照同工同酬原则，对被派遣劳动者与本单位同类岗位的劳动者实行相同的劳动报酬分配办法。
修改后的劳动合同法还规定，劳动合同用工是我国的企业基本用工形式。劳务派遣用工是补充形式，只能在临时性、辅助性或者替代性的工作岗位上实施。同时规定，用工单位应当严格控制劳务派遣用工数量，不得超过其用工总量的一定比例，具体比例由国务院劳动行政部门规定。
修改后的劳动合同法自日起施行。
中华人民共和国主席令
第七十三号
《全国人民代表大会常务委员会关于修改〈中华人民共和国劳动合同法〉的决定》已由中华人民共和国第十一届全国人民代表大会常务委员会第三十次会议于日通过，现予公布，自日起施行。
中华人民共和国主席 胡锦涛
全国人民代表大会常务委员会关于修改《中华人民共和国劳动合同法》的决定
(日第十一届全国人民代表大会常务委员会第三十次会议通过)
第十一届全国人民代表大会常务委员会第三十次会议决定对《中华人民共和国劳动合同法》作如下修改：
一、将第五十七条修改为：&经营劳务派遣业务应当具备下列条件：
&(一)注册资本不得少于人民币二百万元;
&(二)有与开展业务相适应的固定的经营场所和设施;
&(三)有符合法律、行政法规规定的劳务派遣管理制度;
&(四)法律、行政法规规定的其他条件。
&经营劳务派遣业务，应当向劳动行政部门依法申请行政许可;经许可的，依法办理相应的公司登记。未经许可，任何单位和个人不得经营劳务派遣业务。&
二、将第六十三条修改为：&被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位应当按照同工同酬原则，对被派遣劳动者与本单位同类岗位的劳动者实行相同的劳动报酬分配办法。用工单位无同类岗位劳动者的，参照用工单位所在地相同或者相近岗位劳动者的劳动报酬确定。
&劳务派遣单位与被派遣劳动者订立的劳动合同和与用工单位订立的劳务派遣协议，载明或者约定的向被派遣劳动者支付的劳动报酬应当符合前款规定。&
三、将第六十六条修改为：&劳动合同用工是我国的企业基本用工形式。劳务派遣用工是补充形式，只能在临时性、辅助性或者替代性的工作岗位上实施。
&前款规定的临时性工作岗位是指存续时间不超过六个月的岗位;辅助性工作岗位是指为主营业务岗位提供服务的非主营业务岗位;替代性工作岗位是指用工单位的劳动者因脱产学习、休假等原因无法工作的一定期间内，可以由其他劳动者替代工作的岗位。
&用工单位应当严格控制劳务派遣用工数量，不得超过其用工总量的一定比例，具体比例由国务院劳动行政部门规定。&
四、将第九十二条修改为：&违反本法规定，未经许可，擅自经营劳务派遣业务的，由劳动行政部门责令停止违法行为，没收违法所得，并处违法所得一倍以上五倍以下的罚款;没有违法所得的，可以处五万元以下的罚款。
&劳务派遣单位、用工单位违反本法有关劳务派遣规定的，由劳动行政部门责令限期改正;逾期不改正的，以每人五千元以上一万元以下的标准处以罚款，对劳务派遣单位，吊销其劳务派遣业务经营许可证。用工单位给被派遣劳动者造成损害的，劳务派遣单位与用工单位承担连带赔偿责任。&
本决定自日起施行。
本决定公布前已依法订立的劳动合同和劳务派遣协议继续履行至期限届满，但是劳动合同和劳务派遣协议的内容不符合本决定关于按照同工同酬原则实行相同的劳动报酬分配办法的规定的，应当依照本决定进行调整;本决定施行前经营劳务派遣业务的单位，应当在本决定施行之日起一年内依法取得行政许可并办理公司变更登记，方可经营新的劳务派遣业务。具体办法由国务院劳动行政部门会同国务院有关部门规定。
《中华人民共和国劳动合同法》根据本决定作相应修改，重新公布。
现行有效的日劳动合同法
中华人民共和国劳动合同法
(日第十届全国人民代表大会常务委员会第二十八次会议通过)
中华人民共和国主席令
第 六十五 号
《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于日通过，现予公布，自日起施行。
中华人民共和国主席 胡锦涛
第一章 总则
第二章 劳动合同的订立
第三章 劳动合同的履行和变更
第四章 劳动合同的解除和终止
第五章 特别规定
第六章 监督检查
第七章 法律责任
第八章 附则
第一章 总则
第一条 为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。
第二条 中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织(以下称用人单位)与劳动者建立劳动关系，订立、履行、变更、解除或者终止劳动合同，适用本法。
国家机关、事业单位、社会团体和与其建立劳动关系的劳动者，订立、履行、变更、解除或者终止劳动合同，依照本法执行。
第三条 订立劳动合同，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。
依法订立的劳动合同具有约束力，用人单位与劳动者应当履行劳动合同约定的义务。
第四条 用人单位应当依法建立和完善劳动规章制度，保障劳动者享有劳动权利、履行劳动义务。
用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。
在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。
用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示，或者告知劳动者。
第五条 县级以上人民政府劳动行政部门会同工会和企业方面代表，建立健全协调劳动关系三方机制，共同研究解决有关劳动关系的重大问题。
第六条 工会应当帮助、指导劳动者与用人单位依法订立和履行劳动合同，并与用人单位建立集体协商机制，维护劳动者的合法权益。
第二章 劳动合同的订立
第七条 用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。
第八条 用人单位招用劳动者时，应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况;用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。
第九条 用人单位招用劳动者，不得扣押劳动者的居民身份证和其他证件，不得要求劳动者提供担保或者以其他名义向劳动者收取财物。
第十条 建立劳动关系，应当订立书面劳动合同。
已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起一个月内订立书面劳动合同。
用人单位与劳动者在用工前订立劳动合同的，劳动关系自用工之日起建立。
第十一条 用人单位未在用工的同时订立书面劳动合同，与劳动者约定的劳动报酬不明确的，新招用的劳动者的劳动报酬按照集体合同规定的标准执行;没有集体合同或者集体合同未规定的，实行同工同酬。
第十二条 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。
第十三条 固定期限劳动合同，是指用人单位与劳动者约定合同终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立固定期限劳动合同。
第十四条 无固定期限劳动合同，是指用人单位与劳动者约定无确定终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立无固定期限劳动合同。有下列情形之一，劳动者提出或者同意续订、订立劳动合同的，除劳动者提出订立固定期限劳动合同外，应当订立无固定期限劳动合同：
(一)劳动者在该用人单位连续工作满十年的;
(二)用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时，劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的;
(三)连续订立二次固定期限劳动合同，且劳动者没有本法第三十九条和第四十条第一项、第二项规定的情形，续订劳动合同的。
用人单位自用工之日起满一年不与劳动者订立书面劳动合同的，视为用人单位与劳动者已订立无固定期限劳动合同。
第十五条 以完成一定工作任务为期限的劳动合同，是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。
用人单位与劳动者协商一致，可以订立以完成一定工作任务为期限的劳动合同。
第十六条 劳动合同由用人单位与劳动者协商一致，并经用人单位与劳动者在劳动合同文本上签字或者盖章生效。
劳动合同文本由用人单位和劳动者各执一份。
第十七条 劳动合同应当具备以下条款：
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中国新劳动法相关推荐中华人民共和国劳动法（英文版）_一把火的灰_新浪博客
中华人民共和国劳动法（英文版）
&Labor Law of the People's Republic of
Labor Law of the People's Republic of China
(Adopted at the Eighth Session of the Standing Committee
the Eighth National People's Congress on July 5, 1994,
promulgated
by Order No. 28 of the President of the People's Republic
and effective as of January 1, 1995)
General Provisions
This Law is formulated in accordance with the Constitution
in order to protect the legitimate rights and interests of laborers
readjust labor relationship, establish
safeguard a labor system suited to the socialist market
economy, and promote development and social progress.
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
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.
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
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
commend and reward model laborers and advanced
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&
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
employing units on an equal footing about protection of
the legitimate rights&
and interests of laborers.
The labor administrative department of the State Council
shall be in charge of&
labor management throughout the entire
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 administrative areas under their respective
jurisdictions.
-45- Ferrier Hodgson&
Chapter II&
Promotion of Employment
Article 10
The State shall create conditions for employment and
increase opportunities&
for employment by means of promoting economic and social
development.&
The State shall encourage enterprises, institutional
organizations, and societies&
to introduce new industries or expand businesses for the
purpose of&
increasing employment opportunities within the scope of
the stipulations of&
laws and administrative rules and
regulations.&
The State shall encourage laborers to find jobs on their
own through&
organizing themselves on a voluntary basis, or by engaging
in private&
entrepeunerial business.
Article 11
Local People’s Governments at various levels shall take
measures to develop&
various kinds of job-introduction agencies and provide
employment services.
Article 12
Laborers shall not be discriminated against in employment,
regardless of their&
ethnic community, race, sex, or religious
Article 13
Females shall enjoy equal rights as males in employment.
It shall not be&
allowed, in the recruitment of staff and workers, to use
sex as a pretext for&
excluding females from employment or to raise recruitment
standards for the&
females, except for the types of work or posts that are
not suitable for females&
as stipulated by the State.
Article 14
Where there are special stipulations in laws, rules and
regulations on the&
employment of the disabled, the personnel of national
minorities, and&
demobilized members of the army, such special stipulations
shall apply.
Article 15
No employing units shall be allowed to recruit juveniles
under the age of 16.&
Units of literature and art, physical culture and sport,
and special arts and&
crafts that need to recruit juveniles under the age of 16
must go through the&
formalities of examination and approval according to the
relevant provisions&
of the State and guarantee their right to compulsory
education.
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Chapter III
Labor Contracts and Collective Contracts
Article 16
A labor contract is the agreement reached between a
laborer and an&
employing unit for the establishment of the labor
relationship and the&
definition of the rights, interests and obligations of
each party.&
A labor contract shall be concluded where a labor
relationship is to be&
established.
Article 17
Conclusion and modification of a labor contract shall
follow the principles of&
equality, voluntary participation and unanimity through
consultation, and shall&
not run counter to the stipulations of laws,
administrative rules and regulations.&
A labor contract once concluded in accordance with the law
shall possess&
legal binding force. The parties involved must fulfill the
obligations as&
stipulated in the labor contract.
Article 18
The following labor contracts shall be invalid
(1) labor contracts concluded in violation of laws,
administrative rules and&
(2) labor contracts concluded by resorting to such
measures as cheating&
and intimidation.&
An invalid labor contract shall have no legal binding
force from the very&
beginning of its execution. Where a part of a labor
contract is confirmed as&
invalid and where the validity of the remaining part is
not affected, the&
remaining part shall remain
The invalidity of a labor contract shall be confirmed by a
labor dispute&
arbitration committee or a people's court.
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Article 19
A labor contract shall be executed in written form and
contain the following&
(1) term of the labor
(3) labor protection and working
(6) conditions for the termi
(7) responsibility for violation of the labor
contract.&
Apart from the required clauses specified in the preceding
paragraph, other&
contents in a labor contract may be agreed upon through
consultation between&
the parties involved.
Article 20
The term of a labor contract shall be divided into fixed
term, flexible term or&
taking the completion of a specific amount of work as a
In cases where a laborer has worked continuously in the
same employing unit&
for ten years or more and the parties involved agree to
extend the term of the&
labor contract, a labor contract with a flexible term
shall be concluded&
between them if so requested by the laborer.
Article 21
A probation period may be agreed upon in a labor contract.
The longest&
probation period shall not exceed six months.
Article 22
The parties involved in a labor contract may reach an
agreement in their&
labor contract on matters concerning keeping the
commercial secrets of the&
employing unit.
Article 23
A labor contract shall terminate upon the expiration of
its term or the&
emergence of the conditions for the termination of the
labor contract as&
agreed upon by the parties
involved.&
Article 24 A labor contract may be revoked upon agreement
reached between the&
parties involved through
consultation.&
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Article 25 The employing unit may revoke the labor
contract with a laborer in any of&
the following circumstances:&
(1) the laborer has proven to be not up to the
requirements for&
recruitment during the probation
(2) the laborer has seriously violated labor discipline or
the rules and&
regulations of the employing
(3) the laborer has caused great losses to the employing
unit due to&
serious dereliction of duty or engagement in malpractice
for selfish&
(4) the laborer is to be investigated for criminal
liability in accordance&
with the law.&
Article 26 In any of the following circumstances, the
employing unit may revoke a labor&
contract, but written notification shall be given to the
laborer 30 days in&
(1) a laborer is unable to take up his original work or
any new work&
arranged by the employing unit after the completion of his
treatment for illness or injury not suffered at
(2) a laborer is unqualified for his work and remains
unqualified even&
after receiving training or reassignment to another work
(3) no agreement on modification of the labor contract can
be reached&
through consultation by the parties involved when the
objective&
conditions taken as the basis for the conclusion of the
contract have&
greatly changed so that the original labor contract can no
longer be&
carried out.&
Article 27 During periods of statutory consolidation when
the employing unit comes to&
the brink of bankruptcy or encounters severe difficulties
in production and&
management, if reduction of its personnel becomes
genuinely necessary, the&
unit may make such reduction after it has explained the
situation to the trade&
union or all of its staff and workers 30 days in advance,
solicited opinions&
from them and reported to the labor administrative
department.&
Where the employing unit is to recruit personnel six
months after the&
personnel reduction effected according to the stipulations
of this Article, the&
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reduced personnel shall have priority in
re-employment.&
Article 28 The employing unit shall make economic
compensations in accordance with&
the relevant provisions of the State if it revokes its
labor contracts according&
to the stipulations in Articles 24, 26 and 27 of this
Article 29 The employing unit shall not revoke its labor
contract with a laborer in accordance&
with the stipulations in Article 26 and Article 27 of this
Law in any of&
the following circumstances:&
(1) the laborer has been confirmed to have totally or
partially lost the&
ability to work due to occupational diseases or injuries
suffered at&
(2) the laborer has been receiving medical treatment for
diseases or&
injuries within the prescribed period of
(3) the laborer is a female staff member or worker during
pregnant,&
puerperal, or breast-
(4) other circumstances stipulated by laws, administrative
rules and&
regulations.&
Article 30 The trade union of an employing unit shall have
the right to air its opinions if&
it regards as inappropriate the revocation of a labor
contract by the unit. If&
the employing unit violates laws, rules and regulations or
labor contracts, the&
trade union shall have the right to request for
reconsideration. Where the&
laborer applies for arbitration or brings in a lawsuit,
the trade union shall&
render him support and assistance in accordance with the
Article 31 A laborer who intends to revoke his labor
contract shall give a written notice&
to the employing unit 30 days in
Article 32 A laborer may notify at any time the employing
unit of his decision to revoke&
the labor contract in any of the following
circumstances:&
(1) within the probation
(2) where the employing unit forces the laborer to work by
resorting to&
violence, intimidation or illegal restriction of personal
(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.&
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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, and insurance&
and welfare. The draft collective contract shall be
submitted to the&
congress of the staff and workers or to all the staff and
workers for discussion&
and adoption.
A collective contract shall be concluded by the trade
union on behalf of the&
staff and workers in an enterprise
where the trade union&
has not jet been set up, such contract shall be also
concluded by the&
representatives elected by the staff and workers of the
enterprise.&
Article 34 A collective contract shall be submitted to the
labor administrative department&
after its execution. The collective contract shall go into
effect automatically if&
no objections are raised by the labor administrative
department within 15 days&
of the date of the receipt of a copy of the
contract.&
Article 35 Collective contracts concluded in accordance
with the law shall have binding&
force on both the enterprise and all of its staff and
workers. The standards on&
working conditions and labor payments agreed upon in labor
contracts&
concluded between individual laborers and the enterprise
shall not be lower&
than those as stipulated in collective
contracts.&
Chapter IV&
Working Hours, Rest and
Vacations&
Article 36 The State shall practice a working hour system
under which laborers shall&
work for no more than eight hours a day and no more than
44 hours a week&
on the average.&
Article 37 In case of laborers working on the basis of
piecework, the employing unit&
shall rationally fix quotas of work and standards on
piecework remuneration&
in accordance with the working hour system stipulated in
Article 36 of this&
Article 38 The employing unit shall guarantee that its
staff and workers have at least one&
day off in a week.&
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Article 39 Where an enterprise can not follow the
stipulations in Article 36 and Article&
38 of this Law due to its special production nature. it
may adopt other rules&
on working hours and rest with the approval of the labor
administrative&
department.&
Article 40 The employing unit shall arrange holidays for
laborers in accordance with the&
law during the following
festivals:&
(1) New Year's D&
(2) Spring F&
(3) International Labor D&
(4) National Days and&
(5) other holidays stipulated by laws, rules and
regulations.&
Article 41 The employing unit may extend working hours due
to the requirements of its&
production or business after consultation with the trade
union and laborers,&
but the extended working hour for a day shall generally
if such extension is called for due to special reasons,
the extended hours shall&
not exceed three hours a day under the condition that the
health of laborers is&
guaranteed. However, the total extension in a month shall
not exceed thirtysix&
Article 42 The extension of working hours shall not be
subject to restriction of the&
provisions of Article 41 of this Law under any off the
following&
circumstances:
(1) where emergency measures are necessary in the event of
disaster, accident or other reason that threatens the life
and health of&
laborers and the safety of the
(2) where prompt rush repair is needed in the event of
breakdown of&
production equipment, transportation lines or public
facilities that&
affects production
(3) other circumstances as stipulated by laws,
administrative rules and&
regulations.&
Article 43 The employing unit shall not extend the working
hours of laborers in&
violation of the provisions of this
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Article 44 The employing unit shall, according to the
following standards, pay laborers&
remuneration higher than those for normal working hours
under any of the&
following circumstances:&
(1) no less than 150 per cent of the normal wages if the
extension of&
(2) no less than 200 per cent of the normal wages if the
extended hours&
are arranged on days of rest and no deferred rest can be
(3) no less than 300 per cent of the normal wages if the
extended hours&
are arranged on statutory
holidays.&
Article 45 The State shall practice a system of annual
vacationwith pay.&
Laborers who have worked continuously for one year or more
entitled to annual vacation with pay. Concrete measures
shall be formulated&
by the State Council.&
Chapter V&
Article 46 The distribution of wages shall follow the
principle of distribution according&
to work and equal pay for equal work. The level of wages
shall be gradually&
raised on the basis of economic development. The State
shall exercise&
macro-regulations and control over the total
Article 47 The employing unit shall independently
determine its form of wage&
distribution and wage level for its own unit according to
law and based on the&
characteristics of its production and business and
economic results.&
Article 48 The State shall implement a system of
guaranteed minimum wages. Specific&
minimum wage standards shall be determined by the People’s
Governments&
of provinces, autonomous regions or municipalities
directly under the Central&
Government and reported to the State Council for the
Wages paid to laborers by the employing unit shall not be
lower than the&
local minimum wage standard.&
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Article 49 The determination and readjustment of the
standards on minimum wages shall&
be made with reference to the following factors in a
comprehensive manner:&
(1) the lowest living expenses of laborers themselves and
the average&
(2) the average wage level of the society as a
(5) the different levels of economic development between
Article 50 Wages shall be paid monthly to laborers
themselves in the form of cash.&
Wages paid to laborers shall not be deducted or delayed
without justification.&
Article 51 The employing unit shall pay wages in
accordance with the law to laborers&
who observe statutory holidays, take leaves for marriage
or funerals, or&
participate in social activities in accordance with the
Chapter VI&
Occupational Safety and
Article 52 The employing unit must establish and perfect a
system for occupational&
safety and health, strictly implement the rules and
standards of the State on&
occupational safety and health, educate laborers on
occupational safety and&
health, prevent accidents in the process of work, and
reduce occupational&
Article 53 Facilities of occupational safety and health
must meet the standards stipulated&
by the State.&
Occupational safety and health facilities installed in new
projects and projects&
to be renovated or rebuilt for expansion must be designed,
constructed and&
put into operation and use at the same time as the main
part of the projects.&
-54- Ferrier Hodgson&
Article 54 The employing unit must provide laborers with
occupational safety and health&
conditions conforming to the provisions of the State and
necessary articles of&
labor protection, and provide regular health examination
or laborers engaged&
in work with occupational
Article 55 Laborers to be engaged in specialized
operations must receive specialized&
training and acquire qualifications for such special
operations.&
Article 56 Laborers must strictly abide by the rules of
safe operation in the process of
their work.
Laborers shall have the right to refuse to operate if the
management personnel
of the employing unit command the operation in violation
of rules and
regulations or force laborers to ru
laborers shall have the&
right to criticize, report or file charges against acts
endangering the safety of&
their life or health.&
Article 57 The State shall establish a system for the
statistics, reports and dispositions of
accidents of injuries and deaths, and cases of
occupational diseases. The labor
administrative departments and other relevant departments
of the People’s
Governments at or above the county level and the employing
unit shall,
according to law, compile statistics, report and dispose
of accidents of injuries
and deaths that occurred in the process of their work, and
occupational diseases.
Chapter VII
Special Protection for Female and Juvenile
Article 58 The State shall provide female workers and
juvenile workers with special
protection.
"Juvenile workers" herein refers to laborers between the
ages of 16 and 18.
Article 59 It is prohibited to arrange female workers to
work in mine pits, engage in
work with Grade N physical labor intensity as stipulated
by the State, or&
other work which female workers should
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Article 60 Female workers during their menstrual periods
shall not be assigned to&
engage in work high above the ground, under low
temperatures, or in cold&
water, or to work at Grade III physical labor intensity as
stipulated by the&
Article 61 During pregnancy, female workers shall not be
assigned to engage in work&
with Grade III physical labor intensity as stipulated by
the State, nor to do&
other work that they should avoid in pregnancy. Female
workers seven&
months pregnant or more shall not be assigned to extend
their working hours&
or to work night shifts.&
Article 62 After childbirth, female workers shall be
entitled to no less than ninety days
of maternity leaves with pay.
Article 63 Female workers during the period of
breast-feeding babies who are less than
one year old shall not be assigned to engage in work with
Grade III physical
labor intensity as stipulated by the State, nor to do
other labor that they
should avoid during their breast-feeding period, nor to
extend their working
hours or to work night shifts.
Article 64 No juvenile workers shall be arranged to engage
in work down the pit of
mines, work that is poisonous or harmful, work with Grade
IV physical labor&
intensity as stipulated by the State, or other work that
they should avoid.&
Article 65 The employing unit shall provide regular
physical examinations of juvenile&
Chapter VIII&
Vocational Training&
Article 66 The State shall take various measures through
various channels to expand&
vocational training undertakings in order to develop
professional skills of&
laborers, improve the quality thereof, and raise their
employment capability&
and work ability.&
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Article 67 People’s Governments at various levels shall
incorporate the development of&
vocational training in the plans of social and economic
development,&
encourage and support all enterprises, institutional
organizations, societies and&
individuals, where conditions permit, to sponsor all kinds
of vocational&
Article 68 The employing unit shall establish a system for
vocational training, raise and
use funds for vocational training in accordance with the
provisions of the
State, and provide laborers with vocational training in a
planned way and&
with reference to actual unit
conditions.&
Laborers to be engaged in technical work must receive
pre-job training&
before taking up their posts.&
Article 69 The State shall determine occupational
classification, set up professional skill
standards for the occupations classified, and practice a
system of vocational&
qualification certificates. Examination and verification
organizations&
authorized by the government are in charge of the
examination and&
verification of the professional skills of
laborers.&
Chapter IX&
Social Insurance and Welfare&
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 in jury, unemployment and child
Article 71 The level of social insurance shall be in
proportion to the level of social and
economic development and the social
affordability.
Article 72 The sources of social insurance funds shall be
determined according to the
categories of insurance, and an overall pooling of
insurance funds from the
society shall be introduced step by step. The employing
unit and laborers
must participate in social insurance and pay social
insurance premiums in
accordance with the law.&
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Article 73 Laborers shall, in accordance with the law,
enjoy social insurance benefits&
under the following
circumstances:&
(3) disability caused by work-related injury or
(5) child-bearing.&
The survivors of the insured laborers shall be entitled to
subsidies for&
survivors in accordance with the
The conditions and standards for laborers to enjoy social
insurance benefits
shall be stipulated by laws, rules and
regulations.
The social insurance amount that laborers are entitled to,
must be paid in full
in a timely manner.
Article 74 The agencies in charge of social insurance
funds shall collect, expend,
manage and operate the funds in accordance with the
stipulations of laws, and
assume the responsibility to maintain and raise the value
of these funds.
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
The establishment and function of the agencies in charge
of social insurance&
funds and the supervisory organizations of social
insurance funds shall be&
stipulated by laws.
No organization or individual shall be allowed to
misappropriate social
insurance funds.
Article 75 The State shall encourage the employing unit to
set up supplementary
insurance for laborers according to its practical
situations.
The State shall advocate that laborers practice individual
insurance in form of
-58- Ferrier Hodgson
saving account.
Article 76 The State shall develop social welfare
undertakings, construct public welfare
facilities, and provide laborers with conditions for
taking rest, recuperation
and rehabilitation.
The employing unit shall create conditions in order to
improve collective
welfare and raise the welfare benefits of
Labor Disputes
Article 77 Where a labor dispute between the employing
unit and its laborers takes&
place, the parties concerned may apply for mediation or
arbitration or take&
legal proceedings according to law, or may seek for a
settlement through&
consultation. The principle of mediation shall apply to
the procedures of&
arbitration and lawsuit.&
Article 78 The settlement of a labor dispute shall follow
the principles of legality,&
fairness and promptness in order to safeguard in
accordance with the law the&
legitimate rights and interests of the parties
involved.&
Article 79 Where a labor dispute takes place, the parties
involved may apply to the labor&
dispute mediation committee of thei
if the mediation fails&
and one of the parties requests for arbitration, that
party may apply to the&
labor dispute arbitration committee for arbitration.
Either party may also&
directly apply to the labor dispute arbitration committee
for arbitration. If one&
of the parties is not satisfied with the adjudication of
arbitration, the party&
may bring the case to a people's
Article 80 A labor dispute mediation committee may be
established inside the employing&
unit. The committee shall be composed of representatives
of the staff and&
workers, representatives of the employing unit, and
representatives of the&
trade union. The chairman of the committee shall be held
by a representative&
of the trade union.&
Agreements reached on labor disputes through mediation
implemented by the parties
involved.&
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Article 81 A labor dispute arbitration committee shall be
composed of representatives of&
the labor administrative department, representatives from
the trade union at&
the corresponding level, and representatives of the
employing unit. The&
chairman of the committee shall be held by a
representative of the labor&
administrative department.&
Article 82 The party that requests for arbitration shall
file a written application to a labor&
dispute arbitration committee within 60 days starting from
the date of the&
occurrence of a labor dispute. The arbitration committee
may generally make&
an adjudication within 60 days from the date of receiving
the application. The&
parties involved must implement the adjudication if no
objections are raised.&
Article 83 Where a party involved in a labor dispute is
not satisfied with the&
adjudication, the party may bring a lawsuit to a people's
court within 15 days&
of the date of receiving the ruling of arbitration. Where
one of the parties&
involved neither brings a lawsuit nor implements the
adjudication of&
arbitration within the statutory time limit, the other
party may apply to a people's&
court for compulsory
implementation.&
Article 84 Where a dispute arises from the conclusion of a
collective contract and no&
settlement can be reached through consultation between the
parties concerned,&
the labor administrative department of the local People’s
Government may&
organize the relevant departments to handle the case in
coordination.&
Where a dispute arises from the implementation of a
collective contract and&
no settlement can be reached through consultation by the
parties concerned,&
the dispute may be submitted to the labor dispute
arbitration committee for&
arbitration. Any party that is not satisfied with the
adjudication of arbitration&
may bring a lawsuit to a people's court within 15 days of
the date of&
receiving the adjudication.&
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Chapter XI
Supervision andb Inspection&
Article 85 The labor administrative departments of
People’s Governments at or above&
the county level shall in accordance with the law
supervise and inspect the&
implementation of laws, rules and regulations on labor by
the employing unit,&
and have the power to stop any acts that run counter to
laws, rules and&
regulations on labor and order the rectification
Article 86 The inspectors from the labor administrative
departments of People's&
Governments at or above the county level shall, while
performing their public&
duties, have the right to enter the employing units to
conduct investigations of&
the implementation of laws, rules and regulations on
labor, examine necessary&
data and inspect labor sites.&
The inspectors from the labor administrative departments
of People’s&
Governments at or above the county level must show their
certification while&
performing public duties, impartially enforce laws, and
abide by relevant&
stipulations.&
Article 87 Relevant departments of People’s Governments at
or above the county level&
shall, within the scope of their respective duties and
responsibilities, supervise&
the implementation of laws, rules and regulations on labor
by the employing&
Article 88 Trade unions at various levels shall, in
accordance with the law, safeguard&
the legitimate rights and interests of laborers, and
supervise the&
implementation of laws, rules and regulations on labor by
the employing&
Any organizations or individuals shall have the right to
expose and accuse&
any acts in violation of laws, rules and regulations on
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Chapter XII&
Legal Responsibility&
Article 89 Where the rules and regulations on labor
formulated by the employing unit&
run counter to the provisions of laws, rules and
regulations, the labor&
administrative department shall issue a warning to the
unit and order it to&
make corrections. Where any harm has been caused to
laborers, the unit shall&
be liable for compensation.&
Article 90 Where the employing unit extends working hours
of laborers in violation of&
the stipulations of this Law, the labor administrative
department shall issue it a&
warning, order it to make corrections, and may impose a
Article 91 Where an employing unit infringes in any of the
following ways the legitimate&
rights and interests of laborers, the labor administrative
department shall&
order it to pay laborers remuneration or to make up for
economic losses, and&
may also order it to pay
compensation:&
(1) the unit deducts wages or delays in paying wages to
laborers without&
(2) the unit refuses to pay laborers remuneration for the
(3) the unit pays laborers wages below the local minimum
(4) the unit fails to provide laborers with economic
compensation in&
accordance with the provisions of this Law after
revocation of labor&
contracts.&
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&
laborers with necessary labor protection articles or labor
protection facilities,&
the labor administrative department or other relevant
departments shall order&
it to make corrections, and may impose a fine. If
circumstances are serious,&
the above-mentioned departments shall apply to a People’s
Government at or&
above the county level for a decision to order the unit to
stop production for&
consolidation. If the unit fails to take measures against
potential accident&
which later leads to the occurrence of a serious accident
and the losses of&
laborers' lives and properties, criminal responsibilities
shall be investigated a-&
-62- Ferrier Hodgson&
gainst the persons in charge mutatis mutandis the
stipulations of Article 187&
of the Criminal Law.&
Article 93 Where an employing unit forces laborers to
operate at risk in violation of&
rules and regulations, causing thus major accidents
involving injuries, deaths,&
and other serious consequences, the criminal liability of
the person in charge&
shall be investigated according to
Article 94 Where an employing unit illegally recruits
juveniles under the age of 16, the&
labor administrative department shall order it to make
corrections, and impose&
a fine. If circumstances are severe, the administrative
department for industry&
and commerce shall revoke its business
Article 95 Where an employing unit encroaches upon the
legitimate rights and interests&
of female and juvenile workers in violation of the
stipulations of this Law on&
their protection, the labor administrative department
shall order it to make&
corrections, and impose a fine. If harm to female and
juvenile workers has&
been caused, the unit shall assume the responsibility for
compensation.&
Article 96 Where an employing unit commits one of the
following acts, the person in&
charge shall be taken by a public security organ into
custody for 15 days or&
less, fined, and criminal liability of
the person in charge&
shall be investigated according to law if the act
constitutes one of the&
following crimes:&
(1) laborers have been forced to work by recourse to
violence,&
intimidation or illegal restriction
(2) laborers have been humiliated, dealt corporal
punishment, beaten,&
illegally searched or
detained.&
Article 97 The employing unit shall bear the
responsibility for compensation if the&
execution of any invalid contracts is attributed to the
unit and has caused&
damages to laborers.&
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Article 98 Employing units revoking labor contracts or
purposely delaying the execution&
of labor contracts in violation of the conditions
specified in this Law shall be&
ordered by the labor administrative department to make
corrections, and shall&
bear the responsibility for compensation if damage has
been caused to&
laborers.&
Article 99 Employing units recruiting laborers whose labor
contracts have not yet been&
revoked shall, according to law, assume joint
responsibility for compensation&
if economic losses have been caused to the original
employing unit of the&
laborers.&
Article 100 Employing units failing to pay social
insurance premiums without reason
be ordered by the labor administrative department to pay
within a fixed&
period of time. If the unit still fails to make the
payment beyond the time&
limit, an additional arrears payment may be
demanded.&
Article 101 Where an employing unit unjustifiably
obstructs the labor administrative&
department and other relevant departments as well as their
functionaries from&
exercising the powers of supervision and inspection or
retaliates against&
informers, the labor administrative department or other
relevant departments&
shall impose fines upon the unit. If a crime is
constituted, the criminal liability&
of the person in charge shall be investigated according to
Article 102 Laborers who revoke labor contracts in
violation of the conditions specified&
in this Law or violate confidentiality terms agreed upon
in the labor contracts&
and thus have caused economic losses to the employing unit
shall be liable for&
compensation in accordance with the
Article 103 The functionaries of the labor administrative
department or other relevant
departments&
who abuse their functions and powers, neglect their
duties, and&
engage in malpractice for selfish ends shall be
investigated for criminal&
responsibilities according to law if a crime is
constituted, or shall be given an&
administrative sanction if the offenses do not yet
constitute a crime.&
Article 104 The functionaries of the State or the agencies
in charge of social insurance&
funds who misappropriate the social insurance funds, shall
be investigated for&
criminal liability according to law if a crime is
constituted.&
Article 105 Where other laws or administrative rules and
regulations have already&
-64- Ferrier Hodgson&
specified punishments for the encroachment of the
legitimate rights and&
interests of laborers that also violate the stipulations
of this Law, punishments&
shall be given in accordance with the stipulations of
those laws or&
administrative rules and regulations.
Chapter XIII
Supplementary Provisions&
Article 106 People’s Governments of provinces, autonomous
regions and municipalities&
directly under the Central Government shall work out the
implementation&
measures for the labor contract system according to this
Law and with&
reference to local conditions, and report the measures to
the State Council for&
the record.&
Article 107 This Law shall become effective as of January
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中华人民共和国劳动法病假规定
一、劳动法病假工资规定
1 、职工患病或非因工负伤治疗期间，在规定的医疗期间内由企业按有关规定支付其病假工资或疾病救济费，病假工资或疾病救济费可以低于当地最低工资标准支付，但不能低于最低工资标准的80%.
2、除劳动法第二十五条规定的情形外，劳动者在医疗期、孕期、产期和乳期内，劳动，劳动合同期限届满时，用人单位不得终止劳动合同。劳动合同的期限应自动延续至医疗期、孕期、产期和乳期期满为止。
3、请长病假的职工在医疗期满后，能从事原工作的，可以继续履行劳动合同;医疗期满后仍不能从事原工作也不能从事由单位另行安排的工作的，由劳动鉴定委员会参照工伤与职业病致残程度鉴定标准进行劳动能力鉴定。被鉴定为一至四级的，应当退出劳动岗位，解除劳动关系，办理因病或非因工负伤退休退职手续，享受相应的退休退职待遇;被鉴定为五至十级的，用人单位可以解除劳动合同，并按规定支付经济补偿金和医疗补助费。
4、劳动法第四十八条中的&最低工资&是指劳动者在法定工作时间内履行了正常劳动义务的前提下，由其所在单位支付的最低劳动报酬。最低工资不包括延长工作时间的工资报酬，以货币形式支付的住房和用人单位支付的伙食补贴，中班、夜班、高温、低温、井下、有毒、有害等特殊工作环境和劳动条件下的津贴，国家法律、法规、规章规定的社会保险福利。
5、劳动者患病或者非因工负伤，经劳动鉴定委员会确认不能从事原工作、也不能从事用人单位另行安排的工作而解除劳动合同的，用人单位应按其在本单位的工作年限，每满一年发给相当于一个月工资的经济补偿金，同时还应发给不低于六个月工资的医疗补助费。患重病和绝症的还应增加医疗补助费，患重病的增加部分不低于医疗补助费的百分之五十，患绝症的增加部分不低于医疗补助费的百分之百。
二、劳动法短期病假的工资计算基数
根据《上海市企业工资支付办法》的相关规定，病假工资的计算基数按以下原则确定：
(一)劳动合同有约定的，按不低于劳动合同约定的劳动者本人所在岗位(职位)相对应的工资标准确定。集体合同(工资集体协议)确定的标准高于劳动合同约定标准的，按集体合同(工资集体协议)标准确定。
(二)劳动合同、集体合同均未约定的，可由用人单位与职工代表通过工资集体协商确定，协商结果应签订工资集体协议。
(三)用人单位与劳动者无任何约定的，病假工资的计算基数统一按劳动者本人所在岗位(职位)正常出勤的月工资的70%确定。
按以上原则计算的病假工资基数，均不得低于本市规定的最低工资标准(现行标准635元)。法律、法规另有规定的，从其规定。
三、连续病假工资的计算系数
1、职工疾病或非因工负伤连续休假在6个月以内的病假工资(又称疾病休假工资)是按照连续工龄分别确定的：
(1)连续工龄不满两年者，病假工资为本人工资的60%;
(2)连续工龄满两年不满四年者，病假工资为本人工资的70%;
(3)连续工龄满四年不满六年者，病假工资为本人工资的80%;
(4)连续工龄满六年不满八年者，病假工资为本人工资的90%;
(5)连续工龄满八年及八年以上者，病假工资为本人工资的100%.
2、职工疾病或非因工负伤连续休假超过6个月的病假工资(又称疾病救济费)也是按照连续工龄分别确定的：
(1)连续工龄不满一年者，疾病救济费为本人工资的40%;
(2)连续工龄满一年不满三年者，疾病救济费为本人工资的50%;
(3)连续工龄满三年及三年以上者，疾病救济费为本人工资的60%.上述提及的&本人工资&均指按《上海市企业工资支付办法》规定的原则所确定的病假工资的计算基数。
四、病假工资的计算公式
月病假工资=病假工资的计算基数&相应的病假工资的计算系数日病假工资=病假工资的计算基数&当月计薪日&相应的病假工资的计算系数五、劳动法病假天数的确定疾病或非因工负伤休假日数应按实际休假日数计算，连续休假期内含有休息日、节假日的应予剔除。而以上公式中提到的计薪日概念，是指国家规定的制度工作日加法定休假日，例如小冯单位的制度工作日是每周工作5天休息2天，6月份单位制度工作日是20天，如果是5月份就得加上&五一&3天法定休假日，而不是统一的国家规定的20.92天月平均工作天数。
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本文已影响中国新劳动法
中国新劳动法
来源:劳动法
日，我国十一届全国人大常委会第三十次会议表决通过关于修改劳动的决定，国家主席胡锦涛签署第73号主席令予以公布。
修改后的劳动合同法规定，经营劳务派遣业务应当具备的条件包括注册资本不得少于人民币二百万元、有与开展业务相适应的固定的经营场所和设施等。同时还规定，经营劳务派遣业务，应当向劳动行政部门依法申请行政许可。
修改后的劳动合同法规定，被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位应当按照同工同酬原则，对被派遣劳动者与本单位同类岗位的劳动者实行相同的劳动报酬分配办法。
修改后的劳动合同法还规定，劳动合同用工是我国的企业基本用工形式。劳务派遣用工是补充形式，只能在临时性、辅助性或者替代性的工作岗位上实施。同时规定，用工单位应当严格控制劳务派遣用工数量，不得超过其用工总量的一定比例，具体比例由国务院劳动行政部门规定。
修改后的劳动合同法自日起施行。
中华人民共和国主席令
第七十三号
《全国人民代表大会常务委员会关于修改〈中华人民共和国劳动合同法〉的决定》已由中华人民共和国第十一届全国人民代表大会常务委员会第三十次会议于日通过，现予公布，自日起施行。
中华人民共和国主席 胡锦涛
全国人民代表大会常务委员会关于修改《中华人民共和国劳动合同法》的决定
(日第十一届全国人民代表大会常务委员会第三十次会议通过)
第十一届全国人民代表大会常务委员会第三十次会议决定对《中华人民共和国劳动合同法》作如下修改：
一、将第五十七条修改为：&经营劳务派遣业务应当具备下列条件：
&(一)注册资本不得少于人民币二百万元;
&(二)有与开展业务相适应的固定的经营场所和设施;
&(三)有符合法律、行政法规规定的劳务派遣管理制度;
&(四)法律、行政法规规定的其他条件。
&经营劳务派遣业务，应当向劳动行政部门依法申请行政许可;经许可的，依法办理相应的公司登记。未经许可，任何单位和个人不得经营劳务派遣业务。&
二、将第六十三条修改为：&被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位应当按照同工同酬原则，对被派遣劳动者与本单位同类岗位的劳动者实行相同的劳动报酬分配办法。用工单位无同类岗位劳动者的，参照用工单位所在地相同或者相近岗位劳动者的劳动报酬确定。
&劳务派遣单位与被派遣劳动者订立的劳动合同和与用工单位订立的劳务派遣协议，载明或者约定的向被派遣劳动者支付的劳动报酬应当符合前款规定。&
三、将第六十六条修改为：&劳动合同用工是我国的企业基本用工形式。劳务派遣用工是补充形式，只能在临时性、辅助性或者替代性的工作岗位上实施。
&前款规定的临时性工作岗位是指存续时间不超过六个月的岗位;辅助性工作岗位是指为主营业务岗位提供服务的非主营业务岗位;替代性工作岗位是指用工单位的劳动者因脱产学习、休假等原因无法工作的一定期间内，可以由其他劳动者替代工作的岗位。
&用工单位应当严格控制劳务派遣用工数量，不得超过其用工总量的一定比例，具体比例由国务院劳动行政部门规定。&
四、将第九十二条修改为：&违反本法规定，未经许可，擅自经营劳务派遣业务的，由劳动行政部门责令停止违法行为，没收违法所得，并处违法所得一倍以上五倍以下的罚款;没有违法所得的，可以处五万元以下的罚款。
&劳务派遣单位、用工单位违反本法有关劳务派遣规定的，由劳动行政部门责令限期改正;逾期不改正的，以每人五千元以上一万元以下的标准处以罚款，对劳务派遣单位，吊销其劳务派遣业务经营许可证。用工单位给被派遣劳动者造成损害的，劳务派遣单位与用工单位承担连带赔偿责任。&
本决定自日起施行。
本决定公布前已依法订立的劳动合同和劳务派遣协议继续履行至期限届满，但是劳动合同和劳务派遣协议的内容不符合本决定关于按照同工同酬原则实行相同的劳动报酬分配办法的规定的，应当依照本决定进行调整;本决定施行前经营劳务派遣业务的单位，应当在本决定施行之日起一年内依法取得行政许可并办理公司变更登记，方可经营新的劳务派遣业务。具体办法由国务院劳动行政部门会同国务院有关部门规定。
《中华人民共和国劳动合同法》根据本决定作相应修改，重新公布。
现行有效的日劳动合同法
中华人民共和国劳动合同法
(日第十届全国人民代表大会常务委员会第二十八次会议通过)
中华人民共和国主席令
第 六十五 号
《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于日通过，现予公布，自日起施行。
中华人民共和国主席 胡锦涛
第一章 总则
第二章 劳动合同的订立
第三章 劳动合同的履行和变更
第四章 劳动合同的解除和终止
第五章 特别规定
第六章 监督检查
第七章 法律责任
第八章 附则
第一章 总则
第一条 为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。
第二条 中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织(以下称用人单位)与劳动者建立劳动关系，订立、履行、变更、解除或者终止劳动合同，适用本法。
国家机关、事业单位、社会团体和与其建立劳动关系的劳动者，订立、履行、变更、解除或者终止劳动合同，依照本法执行。
第三条 订立劳动合同，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。
依法订立的劳动合同具有约束力，用人单位与劳动者应当履行劳动合同约定的义务。
第四条 用人单位应当依法建立和完善劳动规章制度，保障劳动者享有劳动权利、履行劳动义务。
用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。
在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。
用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示，或者告知劳动者。
第五条 县级以上人民政府劳动行政部门会同工会和企业方面代表，建立健全协调劳动关系三方机制，共同研究解决有关劳动关系的重大问题。
第六条 工会应当帮助、指导劳动者与用人单位依法订立和履行劳动合同，并与用人单位建立集体协商机制，维护劳动者的合法权益。
第二章 劳动合同的订立
第七条 用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。
第八条 用人单位招用劳动者时，应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况;用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。
第九条 用人单位招用劳动者，不得扣押劳动者的居民身份证和其他证件，不得要求劳动者提供担保或者以其他名义向劳动者收取财物。
第十条 建立劳动关系，应当订立书面劳动合同。
已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起一个月内订立书面劳动合同。
用人单位与劳动者在用工前订立劳动合同的，劳动关系自用工之日起建立。
第十一条 用人单位未在用工的同时订立书面劳动合同，与劳动者约定的劳动报酬不明确的，新招用的劳动者的劳动报酬按照集体合同规定的标准执行;没有集体合同或者集体合同未规定的，实行同工同酬。
第十二条 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。
第十三条 固定期限劳动合同，是指用人单位与劳动者约定合同终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立固定期限劳动合同。
第十四条 无固定期限劳动合同，是指用人单位与劳动者约定无确定终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立无固定期限劳动合同。有下列情形之一，劳动者提出或者同意续订、订立劳动合同的，除劳动者提出订立固定期限劳动合同外，应当订立无固定期限劳动合同：
(一)劳动者在该用人单位连续工作满十年的;
(二)用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时，劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的;
(三)连续订立二次固定期限劳动合同，且劳动者没有本法第三十九条和第四十条第一项、第二项规定的情形，续订劳动合同的。
用人单位自用工之日起满一年不与劳动者订立书面劳动合同的，视为用人单位与劳动者已订立无固定期限劳动合同。
第十五条 以完成一定工作任务为期限的劳动合同，是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。
用人单位与劳动者协商一致，可以订立以完成一定工作任务为期限的劳动合同。
第十六条 劳动合同由用人单位与劳动者协商一致，并经用人单位与劳动者在劳动合同文本上签字或者盖章生效。
劳动合同文本由用人单位和劳动者各执一份。
第十七条 劳动合同应当具备以下条款：
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中国新劳动法相关推荐中华人民共和国劳动法（英文版）_一把火的灰_新浪博客
中华人民共和国劳动法（英文版）
&Labor Law of the People's Republic of
Labor Law of the People's Republic of China
(Adopted at the Eighth Session of the Standing Committee
the Eighth National People's Congress on July 5, 1994,
promulgated
by Order No. 28 of the President of the People's Republic
and effective as of January 1, 1995)
General Provisions
This Law is formulated in accordance with the Constitution
in order to protect the legitimate rights and interests of laborers
readjust labor relationship, establish
safeguard a labor system suited to the socialist market
economy, and promote development and social progress.
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
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.
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.
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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
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
commend and reward model laborers and advanced
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&
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
employing units on an equal footing about protection of
the legitimate rights&
and interests of laborers.
The labor administrative department of the State Council
shall be in charge of&
labor management throughout the entire
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 administrative areas under their respective
jurisdictions.
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Chapter II&
Promotion of Employment
Article 10
The State shall create conditions for employment and
increase opportunities&
for employment by means of promoting economic and social
development.&
The State shall encourage enterprises, institutional
organizations, and societies&
to introduce new industries or expand businesses for the
purpose of&
increasing employment opportunities within the scope of
the stipulations of&
laws and administrative rules and
regulations.&
The State shall encourage laborers to find jobs on their
own through&
organizing themselves on a voluntary basis, or by engaging
in private&
entrepeunerial business.
Article 11
Local People’s Governments at various levels shall take
measures to develop&
various kinds of job-introduction agencies and provide
employment services.
Article 12
Laborers shall not be discriminated against in employment,
regardless of their&
ethnic community, race, sex, or religious
Article 13
Females shall enjoy equal rights as males in employment.
It shall not be&
allowed, in the recruitment of staff and workers, to use
sex as a pretext for&
excluding females from employment or to raise recruitment
standards for the&
females, except for the types of work or posts that are
not suitable for females&
as stipulated by the State.
Article 14
Where there are special stipulations in laws, rules and
regulations on the&
employment of the disabled, the personnel of national
minorities, and&
demobilized members of the army, such special stipulations
shall apply.
Article 15
No employing units shall be allowed to recruit juveniles
under the age of 16.&
Units of literature and art, physical culture and sport,
and special arts and&
crafts that need to recruit juveniles under the age of 16
must go through the&
formalities of examination and approval according to the
relevant provisions&
of the State and guarantee their right to compulsory
education.
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Chapter III
Labor Contracts and Collective Contracts
Article 16
A labor contract is the agreement reached between a
laborer and an&
employing unit for the establishment of the labor
relationship and the&
definition of the rights, interests and obligations of
each party.&
A labor contract shall be concluded where a labor
relationship is to be&
established.
Article 17
Conclusion and modification of a labor contract shall
follow the principles of&
equality, voluntary participation and unanimity through
consultation, and shall&
not run counter to the stipulations of laws,
administrative rules and regulations.&
A labor contract once concluded in accordance with the law
shall possess&
legal binding force. The parties involved must fulfill the
obligations as&
stipulated in the labor contract.
Article 18
The following labor contracts shall be invalid
(1) labor contracts concluded in violation of laws,
administrative rules and&
(2) labor contracts concluded by resorting to such
measures as cheating&
and intimidation.&
An invalid labor contract shall have no legal binding
force from the very&
beginning of its execution. Where a part of a labor
contract is confirmed as&
invalid and where the validity of the remaining part is
not affected, the&
remaining part shall remain
The invalidity of a labor contract shall be confirmed by a
labor dispute&
arbitration committee or a people's court.
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Article 19
A labor contract shall be executed in written form and
contain the following&
(1) term of the labor
(3) labor protection and working
(6) conditions for the termi
(7) responsibility for violation of the labor
contract.&
Apart from the required clauses specified in the preceding
paragraph, other&
contents in a labor contract may be agreed upon through
consultation between&
the parties involved.
Article 20
The term of a labor contract shall be divided into fixed
term, flexible term or&
taking the completion of a specific amount of work as a
In cases where a laborer has worked continuously in the
same employing unit&
for ten years or more and the parties involved agree to
extend the term of the&
labor contract, a labor contract with a flexible term
shall be concluded&
between them if so requested by the laborer.
Article 21
A probation period may be agreed upon in a labor contract.
The longest&
probation period shall not exceed six months.
Article 22
The parties involved in a labor contract may reach an
agreement in their&
labor contract on matters concerning keeping the
commercial secrets of the&
employing unit.
Article 23
A labor contract shall terminate upon the expiration of
its term or the&
emergence of the conditions for the termination of the
labor contract as&
agreed upon by the parties
involved.&
Article 24 A labor contract may be revoked upon agreement
reached between the&
parties involved through
consultation.&
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Article 25 The employing unit may revoke the labor
contract with a laborer in any of&
the following circumstances:&
(1) the laborer has proven to be not up to the
requirements for&
recruitment during the probation
(2) the laborer has seriously violated labor discipline or
the rules and&
regulations of the employing
(3) the laborer has caused great losses to the employing
unit due to&
serious dereliction of duty or engagement in malpractice
for selfish&
(4) the laborer is to be investigated for criminal
liability in accordance&
with the law.&
Article 26 In any of the following circumstances, the
employing unit may revoke a labor&
contract, but written notification shall be given to the
laborer 30 days in&
(1) a laborer is unable to take up his original work or
any new work&
arranged by the employing unit after the completion of his
treatment for illness or injury not suffered at
(2) a laborer is unqualified for his work and remains
unqualified even&
after receiving training or reassignment to another work
(3) no agreement on modification of the labor contract can
be reached&
through consultation by the parties involved when the
objective&
conditions taken as the basis for the conclusion of the
contract have&
greatly changed so that the original labor contract can no
longer be&
carried out.&
Article 27 During periods of statutory consolidation when
the employing unit comes to&
the brink of bankruptcy or encounters severe difficulties
in production and&
management, if reduction of its personnel becomes
genuinely necessary, the&
unit may make such reduction after it has explained the
situation to the trade&
union or all of its staff and workers 30 days in advance,
solicited opinions&
from them and reported to the labor administrative
department.&
Where the employing unit is to recruit personnel six
months after the&
personnel reduction effected according to the stipulations
of this Article, the&
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reduced personnel shall have priority in
re-employment.&
Article 28 The employing unit shall make economic
compensations in accordance with&
the relevant provisions of the State if it revokes its
labor contracts according&
to the stipulations in Articles 24, 26 and 27 of this
Article 29 The employing unit shall not revoke its labor
contract with a laborer in accordance&
with the stipulations in Article 26 and Article 27 of this
Law in any of&
the following circumstances:&
(1) the laborer has been confirmed to have totally or
partially lost the&
ability to work due to occupational diseases or injuries
suffered at&
(2) the laborer has been receiving medical treatment for
diseases or&
injuries within the prescribed period of
(3) the laborer is a female staff member or worker during
pregnant,&
puerperal, or breast-
(4) other circumstances stipulated by laws, administrative
rules and&
regulations.&
Article 30 The trade union of an employing unit shall have
the right to air its opinions if&
it regards as inappropriate the revocation of a labor
contract by the unit. If&
the employing unit violates laws, rules and regulations or
labor contracts, the&
trade union shall have the right to request for
reconsideration. Where the&
laborer applies for arbitration or brings in a lawsuit,
the trade union shall&
render him support and assistance in accordance with the
Article 31 A laborer who intends to revoke his labor
contract shall give a written notice&
to the employing unit 30 days in
Article 32 A laborer may notify at any time the employing
unit of his decision to revoke&
the labor contract in any of the following
circumstances:&
(1) within the probation
(2) where the employing unit forces the laborer to work by
resorting to&
violence, intimidation or illegal restriction of personal
(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.&
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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, and insurance&
and welfare. The draft collective contract shall be
submitted to the&
congress of the staff and workers or to all the staff and
workers for discussion&
and adoption.
A collective contract shall be concluded by the trade
union on behalf of the&
staff and workers in an enterprise
where the trade union&
has not jet been set up, such contract shall be also
concluded by the&
representatives elected by the staff and workers of the
enterprise.&
Article 34 A collective contract shall be submitted to the
labor administrative department&
after its execution. The collective contract shall go into
effect automatically if&
no objections are raised by the labor administrative
department within 15 days&
of the date of the receipt of a copy of the
contract.&
Article 35 Collective contracts concluded in accordance
with the law shall have binding&
force on both the enterprise and all of its staff and
workers. The standards on&
working conditions and labor payments agreed upon in labor
contracts&
concluded between individual laborers and the enterprise
shall not be lower&
than those as stipulated in collective
contracts.&
Chapter IV&
Working Hours, Rest and
Vacations&
Article 36 The State shall practice a working hour system
under which laborers shall&
work for no more than eight hours a day and no more than
44 hours a week&
on the average.&
Article 37 In case of laborers working on the basis of
piecework, the employing unit&
shall rationally fix quotas of work and standards on
piecework remuneration&
in accordance with the working hour system stipulated in
Article 36 of this&
Article 38 The employing unit shall guarantee that its
staff and workers have at least one&
day off in a week.&
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Article 39 Where an enterprise can not follow the
stipulations in Article 36 and Article&
38 of this Law due to its special production nature. it
may adopt other rules&
on working hours and rest with the approval of the labor
administrative&
department.&
Article 40 The employing unit shall arrange holidays for
laborers in accordance with the&
law during the following
festivals:&
(1) New Year's D&
(2) Spring F&
(3) International Labor D&
(4) National Days and&
(5) other holidays stipulated by laws, rules and
regulations.&
Article 41 The employing unit may extend working hours due
to the requirements of its&
production or business after consultation with the trade
union and laborers,&
but the extended working hour for a day shall generally
if such extension is called for due to special reasons,
the extended hours shall&
not exceed three hours a day under the condition that the
health of laborers is&
guaranteed. However, the total extension in a month shall
not exceed thirtysix&
Article 42 The extension of working hours shall not be
subject to restriction of the&
provisions of Article 41 of this Law under any off the
following&
circumstances:
(1) where emergency measures are necessary in the event of
disaster, accident or other reason that threatens the life
and health of&
laborers and the safety of the
(2) where prompt rush repair is needed in the event of
breakdown of&
production equipment, transportation lines or public
facilities that&
affects production
(3) other circumstances as stipulated by laws,
administrative rules and&
regulations.&
Article 43 The employing unit shall not extend the working
hours of laborers in&
violation of the provisions of this
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Article 44 The employing unit shall, according to the
following standards, pay laborers&
remuneration higher than those for normal working hours
under any of the&
following circumstances:&
(1) no less than 150 per cent of the normal wages if the
extension of&
(2) no less than 200 per cent of the normal wages if the
extended hours&
are arranged on days of rest and no deferred rest can be
(3) no less than 300 per cent of the normal wages if the
extended hours&
are arranged on statutory
holidays.&
Article 45 The State shall practice a system of annual
vacationwith pay.&
Laborers who have worked continuously for one year or more
entitled to annual vacation with pay. Concrete measures
shall be formulated&
by the State Council.&
Chapter V&
Article 46 The distribution of wages shall follow the
principle of distribution according&
to work and equal pay for equal work. The level of wages
shall be gradually&
raised on the basis of economic development. The State
shall exercise&
macro-regulations and control over the total
Article 47 The employing unit shall independently
determine its form of wage&
distribution and wage level for its own unit according to
law and based on the&
characteristics of its production and business and
economic results.&
Article 48 The State shall implement a system of
guaranteed minimum wages. Specific&
minimum wage standards shall be determined by the People’s
Governments&
of provinces, autonomous regions or municipalities
directly under the Central&
Government and reported to the State Council for the
Wages paid to laborers by the employing unit shall not be
lower than the&
local minimum wage standard.&
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Article 49 The determination and readjustment of the
standards on minimum wages shall&
be made with reference to the following factors in a
comprehensive manner:&
(1) the lowest living expenses of laborers themselves and
the average&
(2) the average wage level of the society as a
(5) the different levels of economic development between
Article 50 Wages shall be paid monthly to laborers
themselves in the form of cash.&
Wages paid to laborers shall not be deducted or delayed
without justification.&
Article 51 The employing unit shall pay wages in
accordance with the law to laborers&
who observe statutory holidays, take leaves for marriage
or funerals, or&
participate in social activities in accordance with the
Chapter VI&
Occupational Safety and
Article 52 The employing unit must establish and perfect a
system for occupational&
safety and health, strictly implement the rules and
standards of the State on&
occupational safety and health, educate laborers on
occupational safety and&
health, prevent accidents in the process of work, and
reduce occupational&
Article 53 Facilities of occupational safety and health
must meet the standards stipulated&
by the State.&
Occupational safety and health facilities installed in new
projects and projects&
to be renovated or rebuilt for expansion must be designed,
constructed and&
put into operation and use at the same time as the main
part of the projects.&
-54- Ferrier Hodgson&
Article 54 The employing unit must provide laborers with
occupational safety and health&
conditions conforming to the provisions of the State and
necessary articles of&
labor protection, and provide regular health examination
or laborers engaged&
in work with occupational
Article 55 Laborers to be engaged in specialized
operations must receive specialized&
training and acquire qualifications for such special
operations.&
Article 56 Laborers must strictly abide by the rules of
safe operation in the process of
their work.
Laborers shall have the right to refuse to operate if the
management personnel
of the employing unit command the operation in violation
of rules and
regulations or force laborers to ru
laborers shall have the&
right to criticize, report or file charges against acts
endangering the safety of&
their life or health.&
Article 57 The State shall establish a system for the
statistics, reports and dispositions of
accidents of injuries and deaths, and cases of
occupational diseases. The labor
administrative departments and other relevant departments
of the People’s
Governments at or above the county level and the employing
unit shall,
according to law, compile statistics, report and dispose
of accidents of injuries
and deaths that occurred in the process of their work, and
occupational diseases.
Chapter VII
Special Protection for Female and Juvenile
Article 58 The State shall provide female workers and
juvenile workers with special
protection.
"Juvenile workers" herein refers to laborers between the
ages of 16 and 18.
Article 59 It is prohibited to arrange female workers to
work in mine pits, engage in
work with Grade N physical labor intensity as stipulated
by the State, or&
other work which female workers should
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Article 60 Female workers during their menstrual periods
shall not be assigned to&
engage in work high above the ground, under low
temperatures, or in cold&
water, or to work at Grade III physical labor intensity as
stipulated by the&
Article 61 During pregnancy, female workers shall not be
assigned to engage in work&
with Grade III physical labor intensity as stipulated by
the State, nor to do&
other work that they should avoid in pregnancy. Female
workers seven&
months pregnant or more shall not be assigned to extend
their working hours&
or to work night shifts.&
Article 62 After childbirth, female workers shall be
entitled to no less than ninety days
of maternity leaves with pay.
Article 63 Female workers during the period of
breast-feeding babies who are less than
one year old shall not be assigned to engage in work with
Grade III physical
labor intensity as stipulated by the State, nor to do
other labor that they
should avoid during their breast-feeding period, nor to
extend their working
hours or to work night shifts.
Article 64 No juvenile workers shall be arranged to engage
in work down the pit of
mines, work that is poisonous or harmful, work with Grade
IV physical labor&
intensity as stipulated by the State, or other work that
they should avoid.&
Article 65 The employing unit shall provide regular
physical examinations of juvenile&
Chapter VIII&
Vocational Training&
Article 66 The State shall take various measures through
various channels to expand&
vocational training undertakings in order to develop
professional skills of&
laborers, improve the quality thereof, and raise their
employment capability&
and work ability.&
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Article 67 People’s Governments at various levels shall
incorporate the development of&
vocational training in the plans of social and economic
development,&
encourage and support all enterprises, institutional
organizations, societies and&
individuals, where conditions permit, to sponsor all kinds
of vocational&
Article 68 The employing unit shall establish a system for
vocational training, raise and
use funds for vocational training in accordance with the
provisions of the
State, and provide laborers with vocational training in a
planned way and&
with reference to actual unit
conditions.&
Laborers to be engaged in technical work must receive
pre-job training&
before taking up their posts.&
Article 69 The State shall determine occupational
classification, set up professional skill
standards for the occupations classified, and practice a
system of vocational&
qualification certificates. Examination and verification
organizations&
authorized by the government are in charge of the
examination and&
verification of the professional skills of
laborers.&
Chapter IX&
Social Insurance and Welfare&
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 in jury, unemployment and child
Article 71 The level of social insurance shall be in
proportion to the level of social and
economic development and the social
affordability.
Article 72 The sources of social insurance funds shall be
determined according to the
categories of insurance, and an overall pooling of
insurance funds from the
society shall be introduced step by step. The employing
unit and laborers
must participate in social insurance and pay social
insurance premiums in
accordance with the law.&
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Article 73 Laborers shall, in accordance with the law,
enjoy social insurance benefits&
under the following
circumstances:&
(3) disability caused by work-related injury or
(5) child-bearing.&
The survivors of the insured laborers shall be entitled to
subsidies for&
survivors in accordance with the
The conditions and standards for laborers to enjoy social
insurance benefits
shall be stipulated by laws, rules and
regulations.
The social insurance amount that laborers are entitled to,
must be paid in full
in a timely manner.
Article 74 The agencies in charge of social insurance
funds shall collect, expend,
manage and operate the funds in accordance with the
stipulations of laws, and
assume the responsibility to maintain and raise the value
of these funds.
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
The establishment and function of the agencies in charge
of social insurance&
funds and the supervisory organizations of social
insurance funds shall be&
stipulated by laws.
No organization or individual shall be allowed to
misappropriate social
insurance funds.
Article 75 The State shall encourage the employing unit to
set up supplementary
insurance for laborers according to its practical
situations.
The State shall advocate that laborers practice individual
insurance in form of
-58- Ferrier Hodgson
saving account.
Article 76 The State shall develop social welfare
undertakings, construct public welfare
facilities, and provide laborers with conditions for
taking rest, recuperation
and rehabilitation.
The employing unit shall create conditions in order to
improve collective
welfare and raise the welfare benefits of
Labor Disputes
Article 77 Where a labor dispute between the employing
unit and its laborers takes&
place, the parties concerned may apply for mediation or
arbitration or take&
legal proceedings according to law, or may seek for a
settlement through&
consultation. The principle of mediation shall apply to
the procedures of&
arbitration and lawsuit.&
Article 78 The settlement of a labor dispute shall follow
the principles of legality,&
fairness and promptness in order to safeguard in
accordance with the law the&
legitimate rights and interests of the parties
involved.&
Article 79 Where a labor dispute takes place, the parties
involved may apply to the labor&
dispute mediation committee of thei
if the mediation fails&
and one of the parties requests for arbitration, that
party may apply to the&
labor dispute arbitration committee for arbitration.
Either party may also&
directly apply to the labor dispute arbitration committee
for arbitration. If one&
of the parties is not satisfied with the adjudication of
arbitration, the party&
may bring the case to a people's
Article 80 A labor dispute mediation committee may be
established inside the employing&
unit. The committee shall be composed of representatives
of the staff and&
workers, representatives of the employing unit, and
representatives of the&
trade union. The chairman of the committee shall be held
by a representative&
of the trade union.&
Agreements reached on labor disputes through mediation
implemented by the parties
involved.&
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Article 81 A labor dispute arbitration committee shall be
composed of representatives of&
the labor administrative department, representatives from
the trade union at&
the corresponding level, and representatives of the
employing unit. The&
chairman of the committee shall be held by a
representative of the labor&
administrative department.&
Article 82 The party that requests for arbitration shall
file a written application to a labor&
dispute arbitration committee within 60 days starting from
the date of the&
occurrence of a labor dispute. The arbitration committee
may generally make&
an adjudication within 60 days from the date of receiving
the application. The&
parties involved must implement the adjudication if no
objections are raised.&
Article 83 Where a party involved in a labor dispute is
not satisfied with the&
adjudication, the party may bring a lawsuit to a people's
court within 15 days&
of the date of receiving the ruling of arbitration. Where
one of the parties&
involved neither brings a lawsuit nor implements the
adjudication of&
arbitration within the statutory time limit, the other
party may apply to a people's&
court for compulsory
implementation.&
Article 84 Where a dispute arises from the conclusion of a
collective contract and no&
settlement can be reached through consultation between the
parties concerned,&
the labor administrative department of the local People’s
Government may&
organize the relevant departments to handle the case in
coordination.&
Where a dispute arises from the implementation of a
collective contract and&
no settlement can be reached through consultation by the
parties concerned,&
the dispute may be submitted to the labor dispute
arbitration committee for&
arbitration. Any party that is not satisfied with the
adjudication of arbitration&
may bring a lawsuit to a people's court within 15 days of
the date of&
receiving the adjudication.&
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Chapter XI
Supervision andb Inspection&
Article 85 The labor administrative departments of
People’s Governments at or above&
the county level shall in accordance with the law
supervise and inspect the&
implementation of laws, rules and regulations on labor by
the employing unit,&
and have the power to stop any acts that run counter to
laws, rules and&
regulations on labor and order the rectification
Article 86 The inspectors from the labor administrative
departments of People's&
Governments at or above the county level shall, while
performing their public&
duties, have the right to enter the employing units to
conduct investigations of&
the implementation of laws, rules and regulations on
labor, examine necessary&
data and inspect labor sites.&
The inspectors from the labor administrative departments
of People’s&
Governments at or above the county level must show their
certification while&
performing public duties, impartially enforce laws, and
abide by relevant&
stipulations.&
Article 87 Relevant departments of People’s Governments at
or above the county level&
shall, within the scope of their respective duties and
responsibilities, supervise&
the implementation of laws, rules and regulations on labor
by the employing&
Article 88 Trade unions at various levels shall, in
accordance with the law, safeguard&
the legitimate rights and interests of laborers, and
supervise the&
implementation of laws, rules and regulations on labor by
the employing&
Any organizations or individuals shall have the right to
expose and accuse&
any acts in violation of laws, rules and regulations on
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Chapter XII&
Legal Responsibility&
Article 89 Where the rules and regulations on labor
formulated by the employing unit&
run counter to the provisions of laws, rules and
regulations, the labor&
administrative department shall issue a warning to the
unit and order it to&
make corrections. Where any harm has been caused to
laborers, the unit shall&
be liable for compensation.&
Article 90 Where the employing unit extends working hours
of laborers in violation of&
the stipulations of this Law, the labor administrative
department shall issue it a&
warning, order it to make corrections, and may impose a
Article 91 Where an employing unit infringes in any of the
following ways the legitimate&
rights and interests of laborers, the labor administrative
department shall&
order it to pay laborers remuneration or to make up for
economic losses, and&
may also order it to pay
compensation:&
(1) the unit deducts wages or delays in paying wages to
laborers without&
(2) the unit refuses to pay laborers remuneration for the
(3) the unit pays laborers wages below the local minimum
(4) the unit fails to provide laborers with economic
compensation in&
accordance with the provisions of this Law after
revocation of labor&
contracts.&
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&
laborers with necessary labor protection articles or labor
protection facilities,&
the labor administrative department or other relevant
departments shall order&
it to make corrections, and may impose a fine. If
circumstances are serious,&
the above-mentioned departments shall apply to a People’s
Government at or&
above the county level for a decision to order the unit to
stop production for&
consolidation. If the unit fails to take measures against
potential accident&
which later leads to the occurrence of a serious accident
and the losses of&
laborers' lives and properties, criminal responsibilities
shall be investigated a-&
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gainst the persons in charge mutatis mutandis the
stipulations of Article 187&
of the Criminal Law.&
Article 93 Where an employing unit forces laborers to
operate at risk in violation of&
rules and regulations, causing thus major accidents
involving injuries, deaths,&
and other serious consequences, the criminal liability of
the person in charge&
shall be investigated according to
Article 94 Where an employing unit illegally recruits
juveniles under the age of 16, the&
labor administrative department shall order it to make
corrections, and impose&
a fine. If circumstances are severe, the administrative
department for industry&
and commerce shall revoke its business
Article 95 Where an employing unit encroaches upon the
legitimate rights and interests&
of female and juvenile workers in violation of the
stipulations of this Law on&
their protection, the labor administrative department
shall order it to make&
corrections, and impose a fine. If harm to female and
juvenile workers has&
been caused, the unit shall assume the responsibility for
compensation.&
Article 96 Where an employing unit commits one of the
following acts, the person in&
charge shall be taken by a public security organ into
custody for 15 days or&
less, fined, and criminal liability of
the person in charge&
shall be investigated according to law if the act
constitutes one of the&
following crimes:&
(1) laborers have been forced to work by recourse to
violence,&
intimidation or illegal restriction
(2) laborers have been humiliated, dealt corporal
punishment, beaten,&
illegally searched or
detained.&
Article 97 The employing unit shall bear the
responsibility for compensation if the&
execution of any invalid contracts is attributed to the
unit and has caused&
damages to laborers.&
-63- Ferrier Hodgson&
Article 98 Employing units revoking labor contracts or
purposely delaying the execution&
of labor contracts in violation of the conditions
specified in this Law shall be&
ordered by the labor administrative department to make
corrections, and shall&
bear the responsibility for compensation if damage has
been caused to&
laborers.&
Article 99 Employing units recruiting laborers whose labor
contracts have not yet been&
revoked shall, according to law, assume joint
responsibility for compensation&
if economic losses have been caused to the original
employing unit of the&
laborers.&
Article 100 Employing units failing to pay social
insurance premiums without reason
be ordered by the labor administrative department to pay
within a fixed&
period of time. If the unit still fails to make the
payment beyond the time&
limit, an additional arrears payment may be
demanded.&
Article 101 Where an employing unit unjustifiably
obstructs the labor administrative&
department and other relevant departments as well as their
functionaries from&
exercising the powers of supervision and inspection or
retaliates against&
informers, the labor administrative department or other
relevant departments&
shall impose fines upon the unit. If a crime is
constituted, the criminal liability&
of the person in charge shall be investigated according to
Article 102 Laborers who revoke labor contracts in
violation of the conditions specified&
in this Law or violate confidentiality terms agreed upon
in the labor contracts&
and thus have caused economic losses to the employing unit
shall be liable for&
compensation in accordance with the
Article 103 The functionaries of the labor administrative
department or other relevant
departments&
who abuse their functions and powers, neglect their
duties, and&
engage in malpractice for selfish ends shall be
investigated for criminal&
responsibilities according to law if a crime is
constituted, or shall be given an&
administrative sanction if the offenses do not yet
constitute a crime.&
Article 104 The functionaries of the State or the agencies
in charge of social insurance&
funds who misappropriate the social insurance funds, shall
be investigated for&
criminal liability according to law if a crime is
constituted.&
Article 105 Where other laws or administrative rules and
regulations have already&
-64- Ferrier Hodgson&
specified punishments for the encroachment of the
legitimate rights and&
interests of laborers that also violate the stipulations
of this Law, punishments&
shall be given in accordance with the stipulations of
those laws or&
administrative rules and regulations.
Chapter XIII
Supplementary Provisions&
Article 106 People’s Governments of provinces, autonomous
regions and municipalities&
directly under the Central Government shall work out the
implementation&
measures for the labor contract system according to this
Law and with&
reference to local conditions, and report the measures to
the State Council for&
the record.&
Article 107 This Law shall become effective as of January
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