BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
(1) During their periods of probation;
(2) If they are forced to work by the employer through means of violence,
threat or deprival of personal freedom in violation of law;
(3) Failure on the part of the employer to pay labour remunerations or to
provide labour conditions as agreed upon in labour contracts.
Article 33 The employees of an enterprise as one party may conclude a
collective contract with the
enterprise as another party on labour renumerations, work hours, rests
and leaves, labour safety and sanitation, insurance, welfare treatment,
and other matters.
The draft collective contract shall be submitted to the workers
representative assembly or all the employees for discussion and passage.
Collective contracts shall be signed by and between the trade union on
behalf of the employees and the employer. In an enterprise that has not
yet set up a trade union, such contracts shall be signed by and between
representatives recommended by workers and the enterprise.
Article 34 Labour contracts shall be reported to labour administrative
departments after their conclusion. Labour contracts shall take effect
automatically if no objections are raised by these labour administrative
departments within 15 days after they are received.
Article 35 Labour contracts concluded in accordance with law shall he
binding on both the enterprise and all of its employees. The standards on
labour conditions and labour payments agreed upon in labour contracts
concluded between individual labourers and their enterprises shall not be
lower than those stipulated in collective contracts.
Chapter 4 Working Hours, Rests, and Leaves
Article 36 The State shall practise a working hour system wherein
labourers 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 labourers working on the basis of piecework, the
employer shall rationally fix quotas of work and standards of piecework
remuneration in accordance with the working hour system stipulated in
Article 36 of this Law.
Article 38 The employer shall guarantee that its labourers have at least
one day off a week.
Article 39 If an enterprise can not follow the stipulations in Article 36
and Article 38 of this Law due to special characteristics of its
production, it may follow other rules on work and rest with the approval
by labour administrative departments.
Article 40 The employer shall arrange rests for labourers in accordance
with law during the following holidays:
(1) The New Years Day;
(2) The Spring Festival;
(3) The International Labour Day;
(4) The National Day;
(5) Other holidays stipulated by laws and regulations.
Article 41 The employer can prolong work hours due to needs of production
or businesses after consultation with its trade union and labourers. The
work hours to be prolonged, in general, shall be no longer than one hour
a day, or no more than three hours a day if such prolonging is called for
due to special reasons and under the condition that the physical health
of labourers is guaranteed. The work time to be prolonged shall not
exceed, however, 36 hours a month.
Article 42 The prolonging of work hours shall not be subject to
restrictions of stipulations of Article 41 of this Law in any one of the
following cases:
(1) Need for emergency treatment during occurrence of natural disasters,
accidents or other reasons that threaten the life, health or property
safety of labourers;
(2) Need for timely rush-repair of production equipment, transportation
lines or public facilities that have gone out of order and as a result
affect production and public interests;
(3) Other cases stipulated in laws and administrative decrees.
Article 43 The employer shall not prolong the work hours of labourers in
violation of the stipulations of this Law.
Article 44 The employer shall pay labourers more wage remunerations than
those for normal work according to the following standards in any one of
the following cases:
(1) Wage payments to labourers no less than 150 per cent of their wages
if the labourers are asked to work longer hours;
(2) Wage payments to labourers no less than 200 per cent of their wages
if no rest can be arranged afterwards for the labourers asked to work on
days of rest;
(3) Wage payments to labourers no less than 300 per cent of their wages
if the labourers are asked to work on legal holidays.
Article 45 The State follows the system of annual leaves with pay.
Labourers shall be entitled to annual leaves with pay after working for
more than one year continuously. Specific rules on this shall be worked
out by the State Council.
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