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中國勞動法英文版-資料下載頁

2025-06-25 01:49本頁面
  

【正文】 r suffer occupational diseases。 (4) Bee jobless。 (5) Give births. The dependents of the laborer who dies shall enjoy, in accordance with law, subsidies provided to these dependents. The conditions and standards on the eligibility of laborers for social insurance treatment shall be stipulated by laws and regulations. The social insurance funds for laborers shall be paid in due time and in full. Article 74 Organizations charged with the task of handling social insurance funds shall collect, keep and use social insurance funds in accordance with stipulations in laws, and assume the responsibility to guarantee and multiply the value of these funds. Organizations charged to supervise social insurance funds shall supervise in accordance with law stipulations, the collection, keeping and use of social insurance funds. The establishment and functioning of the organizations in the preceding two clauses shall be specified by law. No unit or individuals shall be allowed to use social insurance funds for other purposes. Article 75 The State encourages the employer to set up supplementary insurance for laborers according to its practical conditions. Article 76 The State shall promotes the development of the social welfare cause, construct public welfare facilities, and provide conditions for laborers to rest and recuperate and convalesce. The employer shall create conditions to improve collective welfare and provide laborers with better welfare treatment. Chapter 10 Labor Disputes Article 77 In case of labor disputes between the employer and laborers, the parties concerned can apply for mediation or arbitration, bring the case to courts, or settle them through consultation. The principle of mediation is applicable to arbitration and court procedures. Article 78 Labor disputes shall be settled according to the principle of justice, fairness, and promptness so as to safeguard the legitimate rights and interests of the parties involved in these disputes in accordance with law. Article 79 Once a labor dispute occurs, the parties involved can apply to the labor dispute mediation mittee of their unit for mediation。 if it can not be settled through mediation and one of the parties asks for arbitration, application can be filed to a labor dispute arbitration mittee for arbitration. Any one of the parties involved in the case can also apply to a labor dispute arbitration mittee for arbitration. The party that has objections to the ruling of the labor arbitration mittee can bring the case to a peoples court. Article 80 A labor dispute mediation mittee can be set up inside the employer. This mittee shall be posed of workers representatives, the representatives of the employer, and trade union representatives. The chairmanship of this mittee shall be held by a trade union representative. Agreements reached on labor disputes through mediations shall be implemented by the parties involved. Article 81 Labor dispute arbitration mittees shall be posed of the representatives of labor administrative departments, representatives from trade unions at the same level, and the employers representatives. The chairmanship of such a mittee shall be held by the representative of a labor administrative department. Article 82 The party that asks for arbitration shall file a written application to a labor dispute arbitration mittee within 60 days starting from the date of the occurrence of a labor dispute. Generally speaking, the arbitration mittee shall produce a ruling within 60 days after receiving the application. The parties involved shall implement arbitration rulings if they do not have any objections to these rulings. Article 83 If any of the parties involved in a labor dispute has objections to an arbitration ruling, it can raise a lawsuit with a peoples court within 15 days after receiving the ruling. If one of the parties involved neither raises a lawsuit nor implements the arbitration ruling within the legal period of time, the other party can apply to a peoples court for forced implementation. Article 84 Cases of disputes resulted from the conclusion of collective contracts shall be handled through consultation by all the parties concerned brought together by the labor administrative department of a local peoples government if these cases can not be handled through consultation between the parties involved. Cases of disputes resulted from the implementation of collective contracts shall be brought to a labor dispute arbitration mittee for arbitration if these cases can not be solved through consultation between the parties involved. The party that has objections to a ruling can raise a lawsuit with a peoples court within 15 days after receiving the ruling. Chapter 11 Supervision and Inspection Article 85 The labor administrative departments under peoples governments at or above the county level shall supervise and inspect efforts by the employer to abide by laws and regulations, and have the power to stop any behavior that runs counter to labor laws and regulations and order correction. Article 86 The supervisors and inspectors of the labor administrative departments under peoples governments at or above the county level shall have, while performing their public duties, the right to go to the employer to make investigations about the employers implementation of labor laws and regulations, consult data they deem necessary, and inspect labor spots. The supervisors and inspectors of the labor administrative departments under peoples governments at or above the county level shall produce their documents of certification while performing public duties, impartially enforce laws, and abide themselves by relevant regulations. Article 87 Relevant departments under peoples governments at or above the county level shall supervise, within the range of their duties and responsibilities, the employer in it
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