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中國勞動(dòng)法英文版(已修改)

2025-07-07 01:49 本頁面
 

【正文】 Labor Law of the People39。s Republic of China (Adopted at he Eighth Meeting of the Standing Committee of the Eighth National Peoples Congress on July 5, 1994, promulgated by Order of the President of the Peoples Republic of China on July 5, 1994, and effective as of January 1, 1995) Chapter 1 General Provisions Article 1 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationship, establish and safeguard the labor system suiting the socialist market economy, and promote economic development and social progress.Article 2 This Law applies to enterprises, individuallyowned economic organizations (hereinafter referred to as the employer) and laborers who form a labor relationship with them within the boundary of the Peoples Republic of China. State departments, institutional organizations and social groups and laborers who form a labor relationship with them shall follow this Law. Article 3 Laborers have the right to be employed on an equal basis, choose occupations, obtain remunerations for labor, take rests, have holidays and leaves, receive labor safety and sanitation protection, get training in professional skills, enjoy social insurance and welfare treatment, and submit applications for settlement of labor disputes, and other labor rights stipulated by law. Laborers shall fulfill their tasks of labor, improve their professional skills, follow rules on labor safety and sanitation, observe labor discipline and professional ethics. Article 4 The employer shall establish and perfect rules and regulations in accordance with law and guarantee that laborers enjoy labor right and fulfill labor obligations. Article 5 The State shall take various measures to promote employment, develop vocational education, formulate labor standards, regulate social ines, perfect social insurance, coordinate labor relationships, and gradually raise the living level of laborers. Article 6 The State shall advocate laborers participation in social voluntary labor, labor petition, and activities of forwarding rational proposals。 encourage and protect laborers in scientific research, technical renovation, and invention。 and mend and award labor models and advanced workers. Article 7 Laborers shall have the right to participate in and organize trade unions in accordance with law. Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and stage activities independently in accordance with law. Article 8 Laborers shall take part in democratic management through workers congress, workers representative assembly, or any other forms in accordance with law, or consult with the employer on an equal footing about protection of the legitimate rights and interests of laborers. Article 9 The labor management department under the State Council shall take charge of the management of labor of the whole country. Local peoples governments above the county level shall take charge of the management of labor in areas under their jurisdiction. Chapter 2 Promotion of Employment Article 10 The State shall create employment conditions and expand employment opportunities through promotion of economic and social development. The State shall encourage enterprises, institutional organizations, and social groups to start industries or expand businesses within the scope allowed by stipulations of laws and administrative decrees for the purpose of increasing employment. The State shall support laborers to organize and employ themselves on a voluntary basis and to get employed in individual businesses. Article 11 Local peoples governments at various levels shall take measures to develop various kinds of job agencies and provide employment services. Article 12 Laborers shall not be discriminated against in employment due to their nationality, race, sex, or religious belief. Article 13 Women shall enjoy equal rights as men in employment. Sex shall not be used as a pretext for excluding women from employment during recruitment of workers unless the types of work or posts for which workers are being recruited are not suitable for women according to State regulations. Nor shall the standards of recruitment be raised when it es to women. Article 14 Any special stipulations in laws and regulations about the employment of the disabled, minority people, and demobilized soldiers shall be observed. Article 15 The employer shall be banned from recruiting juveniles under the age of 16. Art, sports and specialskill units that plan to recruit juveniles under the age of 16 shall go through examination and approval procedures according to relevant State regulations and guarantee the right of the employed to receive pulsory education. Chapter 3 Labor Contracts and Collective Contracts Article 16 Labor contracts are agreements reached between laborers and the employer to establish labor relationships and specify the rights, interests and obligations of each party. Labor contracts shall be concluded if labor relationships are to be established.Article 17 Conclusion and alteration of labor contracts shall follow the principle of equality, voluntariness,* and agreement through consultation. They shall not run counter to stipulations in laws or administrative decrees. Labor contracts shall bee legally binding once they are concluded in accordance with law. The parties involved shall fulfill obligations stipulated in labor contracts. Article 18 The following labor contracts shall be invalid。 (1) Labor contracts concluded against laws or administrative decrees。 (2) Labor contracts concluded through cheating, threat, or any other means. Invalid labor contracts shall not be legally binding from the very beginning of their conclusion. If a labor contract is confirmed as being parti
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