中华人民共和国劳动法(英文版)

第一篇：中华人民共和国劳动法(英文版)

Labour Act.Dated 5 July 1994.(China Daily, 6 July 1994, p.2.)Table of contents

CHAPTER I.GENERAL PROVISIONS

CHAPTER II.PROMOTION OF EMPLOYMENT

CHAPTER III.LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV.WORKING HOURS, REST AND VACATIONS

CHAPTER V.WAGES

CHAPTER VI.OCCUPATIONAL SAFETY AND HEALTH

CHAPTER VII.SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERSCHAPTER VIII.VOCATIONAL TRAINING

CHAPTER IX.SOCIAL INSURANCE AND WELFARE

CHAPTER X.LABOUR DISPUTES

CHAPTER XI.SUPERVISION AND INSPECTION

CHAPTER XII.LEGAL RESPONSIBILITY

CHAPTER XIII.SUPPLEMENTARY PROVISIONS

CHAPTER I.GENERAL PROVISIONS

Section 1.This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2.This Law applies to all enterprises and individual economic organizations(hereafter referred to as employing units)within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.Section 3.Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, 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 labour disputes, and other rights relating to labour as stipulated by law.Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Section 4.The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.Section 5.The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.Section 6.The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations;and commend and award labour models and advanced workers.Section 7.Labourers 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 labourers, and independently conduct their activities in accordance with the law.Section 8.Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9.The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II.PROMOTION OF EMPLOYMENT

Section 10.The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11.Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12.Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 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 protext 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.Section 14.Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 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.CHAPTER III.EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTS

Section 16.A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17.Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force.The parties involved must fulfil the obligations stipulated in the labour contract.Section 18.The following labour contracts shall be invalid:

(1)labour contracts concluded in violation of laws, administrative rules and regulations;and

(2)labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion.Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19.A labour contract shall be concluded in written form and contain the following clauses:

(1)term of labour contract;

(2)contracts of work;

(3)labour protection and working conditions;

(4)labour remuneration;

(5)labour disciplines;

(6)conditions for the termination of a labour contract;and

(7)responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20.The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21.A probation period may be agreed upon in a labour contract.The longest probation period shall not exceed six months.Section 22.The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23.A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24.A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25.The employing unit may revoke the labour contract with a labourer in any of the following circumstances:

(1)to be proved not up to the requirements for recruitment during the probation period;

(2)to seriously violate labour disciplines or the rules and regulations of the employing unit;

(3)to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends;and

(4)to be investigated for criminal responsibilities in accordance with the law.Section 26.In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;

(1)where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;

(2)when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post;and

(3)no agreement on modification of the labour 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 labour contract can no longer be carried out.Section 27.During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really 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 labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28.The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29.The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:

(1)to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;

(2)to be receiving medical treatment for diseases or injuries within the prescribed period of time;

(3)to be a female staff member or worker during pregnant, puerperal, or breast-feeding period;or

(4)other circumstances stipulated by laws, administrative rules and regulations.Section 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 labour contract by the unit.If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration.Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31.A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32.A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:

(1)within the probation period;

(2)where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom;or

(3)failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Section 33.The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour 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 with the enterprise;in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34.A collective contract shall be submitted to the labour administrative department after its conclusion.The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35.Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers.The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV.WORKING HOURS, REST AND VACATIONS

Section 36.The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37.In case of labourers 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 section 36 of this Law.Section 38.The employing unit shall guarantee that its staff and workers have at least one day off in a week.Section 39.Where an enterprise cannot follow the stipulations in section 36 and section 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 labour administrative department.Section 40.The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:

(1)the New Year's Day;

(2)the Spring Festival;

(3)the International Labour Day;

(4)the National Day;and

(5)other holidays stipulated by laws and regulations.Section 41.The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour;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 labourers is guaranteed.However, the total extension in a month shall not exceed 36 hours.Section 42.The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:

(1)where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;

(2)where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests;and

(3)other circumstances as stipulated by laws, administrative rules and regulations.Section 43.The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44.The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;

(1)to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;

(2)to pay 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 taken;and

(3)to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.Section 45.The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay.The concrete measures shall be formulated by the State Council.(To be continued)

第二篇：中华人民共和国劳动法

《中华人民共和国劳动法》第六十一条规定，不得安排女职工在怀孕期间从事国家规定的第三级体力劳动强度的劳动和孕 期禁忌从事的劳动。对怀孕七个月以上的女职工，不得安排其延长工作时间和夜班劳动。《中华人民共和国劳动合同法》第四十二条规定，劳动者有下列情形之一 的，用人单位不得依照本法第四十条、第四十一条的规定解除劳动合同：

（一）从事接触职业病危害作业的劳动者未进行离岗前职业健康检查，或者疑似职业病病人 在诊断或者医学观察期间的；

（二）在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的；

（三）患病或者非因工负伤，在规定的医疗期内的；

（四）女职工在孕期、产期、哺乳期的；

（五）在本单位连续工作满十五年，且距法定退休年龄不足五年的；

（六）法律、行政法规规定的其他情形。根据上述法律 条款的规定，对于怀孕七个月以上的女职工，不得安排参加夜班劳动，目前你的孕期不到七个月，可以上夜班。但在怀孕期间，该医院不得安排你从事国家规定的第 三级体力劳动强度的劳动和孕期禁忌从事的劳动。同时，在你怀孕期间，该医院不得依照《中华人民共和国劳动合同法》第四十条、第四十一条的规定解除劳动合 同。

第三篇：中华人民共和国劳动法

中华人民共和国劳动法 序号 文档名称 1 2 3 4 5 6 7 8 9 10 11 12 13

第一章 总则第二章 促进就业

语言 中文中文

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该文档为《中华人民共和国劳动法》的第一章 总则（第一条至第九条）。

该文档为《中华人民共和国劳动法》的第二章 促进就业（第十条至第十五条）。

该文档为《中华人民共和国劳动法》的第三章 劳动合同和集体合同（第十六条至第三十五条）。该文档为《中华人民共和国劳动法》的第四章 工作时间和休息休假（第三十六条至第四十五条）。该文档为《中华人民共和国劳动法》的第五章 工资（第四十六条至第五十一条）。

该文档为《中华人民共和国劳动法》的第六章 劳动安全卫生（第五十二条至第五十七条）。

该文档为《中华人民共和国劳动法》的第七章 女职工和未成年工特殊保护（第五十八条至第六十五条）。该文档为《中华人民共和国劳动法》的第八章 职业培训（第六十六条至第六十九条）。

该文档为《中华人民共和国劳动法》的第九章 社会保险和福利（第七十条至第七十六条）。

该文档为《中华人民共和国劳动法》的第十章 劳动争议（第七十七条至第八十四条）。

该文档为《中华人民共和国劳动法》的第十一章 监督检查（第八十五条至第八十八条）。

该文档为《中华人民共和国劳动法》的第十二章 法律责任（第八十九条至第一百零五条）。

该文档为《中华人民共和国劳动法》的第十三章 附则（第一百零六条至第一百零七条）。

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第三章 劳动合同和集体合同中文第四章 工作时间和休息休假中文

第六章 劳动安全卫生第七章 女职工和未成年工特殊保护

第八章 职业培训第九章 社会保险和福利第十一章 监督检查第十二章 法律责任第十三章 附则

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第四篇：中华人民共和国劳动法

中华人民共和国劳动法（1994-7-51995-1-1）八届 八次

广东省工资支付条例（2005-1-192005-5-1）十届 十六次

中华人民共和国劳动合同法（2007-6-292008-1-1）十届二十八次

中华人民共和国就业促进法（2007-8-302008-1-1）十届二十九次

中华人民共和国社会保险法（2010-10-282011-7-1）十一届十七次

劳动保障监察条例（2004-10-262004-12-1）68次常务会议通过

用人单位对劳动者：订立和解除劳动合同；书面形式劳动合同文本，各执一份；法定工作时间不超过八小时；按时足额支付劳动者劳动报酬；加班费；工资不得低于当地最低工资标准；缴纳社会保险费，享受福利待遇；劳动安全卫生设施条件；

侵害劳动者权益的情形，劳动者有权向劳动保障部门投诉（用人单位应当支付劳动者赔偿金）：拖欠或者克扣劳动者工资；支付工资低于当地最低工资标准；拒不支付劳动者延长工作时间的工资报酬；解除劳动合同，未支付经济补偿；

劳动者与用人单位协商不成，可以申请调解，仲裁，提起诉讼。造成用人单位经济损失，应当承担赔偿责任；

劳动行政工作人员违法的，责令改正，情节严重的，对直接负责的主管人员和责任人员依法给予行政处分。构成犯罪的，有司法机关依法追究刑事责任。情形：玩忽职守、滥用职权、徇私舞弊，利用职权谋取私利、泄露商业秘密。

任何组织和个人对违法劳动保障法律、法规或者规章的行为，有权举报和投诉。

就业促进：

企业、事业组织可以兴办产业或者拓展经营，增加就业。

劳动者，树立正确的就业观，提高就业能力，自主创业，从事个体经营，参加职业技能培训，国家，发展经济和调整产业结构，规范人力资源市场，加强职业教育和培训，提供就业援助，发展劳动密集型产业，服务业，扶持中小企业，多渠道、多方式增加就业岗位，扩大就业。实行城乡统筹的就业政策，引导农业富余劳动力转移，改善就业环境和条件，消除就业歧视，提供扶持和援助。

第五篇：中华人民共和国劳动法

中华人民共和国劳动法

（中华人民共和国主席令28号）

第五章 第五十条 工资应当以货币形式按月支付给劳动者本人。不得克扣或无故拖欠劳动者的工资。

第十二章 第九十一条 用人单位有下列侵害劳动者合法权益情形之一的，由劳动行政部门责令支付劳动者的工资报酬、经济补偿、并可以责令支付赔偿金。

（一）克扣或者无故拖欠劳动者工资的；

中华人民共和国劳动合同法

（中华人民共和国主席令 第65号）

第三章 第十三条 用人单位应当按照劳动合同约定和国家规定，向劳动者及时足额支付劳动报酬。

用人单位拖欠或者未足额支付劳动报酬，劳动者可依法向当地人民法院申请支付令，人民法院应当依法发出支付令。

第七章 第八十二条 用人单位自用工之日起超过一个月不满一年未与劳动者订立劳动合同的，应向劳动者每月支付二倍的工资。