Thursday, December 20, 2007

Learn Chinese - Labour Law of the People's Republic of China

BIZCHINA / Labour

Labour Law of the People's Republic of China

Updated: 2006-05-08 11:15

Chapter 5 Wages

Article 46 Distribution of wages shall follow the principle of
distribution according to work and equal pay for equal work.

The level of wages shall be raised gradually on the basis of economic
development. The State shall exercise macro regulation and control over
total payrolls.

Article 47 The employer shall fix its form of wage distribution and wage
level on its own and in accordance with this Law according to the
characteristics of its production and businesses and economic efficiency.

Article 48 The State shall implement a system of guaranteed minimum
wages. Specific standards on minimum wages shall be stipulated by
provincial, autonomous regional and municipal peoples governments and
reported to the State Council for registration.

The employer shall pay labourers wages no lower than local standards on
minimum wages.

Article 49 Standards on minimum wages shall be fixed and readjusted with
comprehensive reference to the following factors:

(1) The lowest living costs of labourers themselves and the number of
family members they support;

(2) Average wage level of the society as a whole;

(3) Productivity;

(4) Situation of employment;

(5) Differences between regions in their levels of economic development.

Article 50 Wages shall be paid to labourers themselves in the form of
currency on a monthly basis. The wages payable to labourers shall not be
deducted or delayed without reason.

Article 51 The employer shall pay wages to labourers in accordance with
law when they have legal holidays, take leaves during periods of marriage
or mourning, and participate in social activities in accordance with law.

Chapter 6 Labour Safety and Sanitation

Article 52 The employer shall establish and perfect its system for labour
safety and sanitation, strictly abide by State rules and standards on
labour safety and sanitation, educate labourers in labour safety and
sanitation, prevent accidents in the process of labour, and reduce
occupational hazards.

Article 53 Labour safety and sanitation facilities shall meet State-fixed
standards.

The labour safety and sanitation facilities of new projects and projects
of renovation and expansion shall be designed, constructed and put into
operation and use at the same time as the main projects.

Article 54 The employer shall provide labourers with labour safety and
sanitation conditions meeting State stipulations and necessary articles
of labour protection, and carry out regular health examination for
labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in special operations shall receive
specialized training and acquire qualifications for these special
operations.

Article 56 Labourers should strictly follow rules on safe operation in
the process of labour.

Labourers shall have the right to refuse to follow orders if the
management personnel of the employer direct or force them to work in
violation of regulations, and to criticise, expose and accuse any acts
endangering the safety of their life and physical health.

Article 57 The State shall establish a system for the statistical report
and treatment of accidents of injuries or deaths and cases of
occupational diseases. The labour administrative departments and other
relevant departments under the peoples governments at or above the county
level and the employer shall, in accordance with law, carry out
statistical report and disposition with respect to accidents of injuries
or deaths occured to labourers in the process of their work and
situations of occupational diseases.

Chapter 7 Special Protection for Female Staff and Workers and Juvenile
Workers

Article 58 The State provides special protection to female staff and
workers and juvenile workers. Juvenile workers refer to labourers up to
16 years old but below 18 years old.

Article 59 It is forbidden to arrange underground work for women workers
at mines, or any labour with Grade IV physical labour intensity as
stipulated by the State, or other labour forbidden to women.

Article 60 It is forbidden to engage women workers in work high above the
ground, under low temperatures, or in cold water during their menstrual
periods or labour with Grade III physical labour intensity as stipulated
by the State.

Article 61 It is forbidden to engage women workers during their pregnancy
in work with Grade III physical labour intensity as stipulated by the
State or other work the State prevents them from doing during pregnancy.
It is forbidden to prolong the work hours of women workers pregnant for
seven months or ask them to work night shifts.

Article 62 Birth-giving women workers shall be entitled to maternity
leaves no shorter than 90 days.

Article 63 It is forbidden to engage women workers in work with Grade III
physical labour intensity as stipulated by the State during their
breast-feeding of babies less than one year old and other labour the Sate
prevents them from doing during their breastfeeding periods. Neither
shall their work hours be prolonged nor they be asked to work night
shifts during these periods.

Article 64 It is forbidden to engage underage workers in work under wells
at mines, poisonous or harmful work, labour Grade IV physical labour
intensity as stipulated by the State, or any other labour the State
prevents them from doing.

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