Labor Contract Law of the People's Republic of China
Table of Contents Chapter I: General Provisions
Chapter II: Conclusion of Labor Contracts
Chapter III: Performance and Modification of Labor Contracts
Chapter IV: Revocation and Termination of Labor Contracts
Chapter V: Special Provisions
Section 1: Collective Contracts
Section 2: Labor Dispatch
Section 3: Part-time Employment
Chapter VI: Supervision and Inspection
Chapter VII: Legal Liabilities
Chapter VIII: Supplementary Provisions
Chapter I: General Provisions Article 1 This Law is formulated to perfect the labor contract system, clarify the rights and obligations of both parties to labor contracts, protect the lawful rights and interests of workers, and build and develop harmonious and stable labor relationships.
Article 2 This Law applies to enterprises, individual economic organizations, private non-enterprise units, and other organizations (hereinafter referred to as "Employers") within the territory of the People's Republic of China that establish labor relationships with workers, and conclude, perform, modify, revoke, or terminate labor contracts. State organs, public institutions, social organizations, and workers who establish labor relationships with them shall be governed by this Law when concluding, performing, modifying, revoking, or terminating labor contracts.
Article 3 The conclusion of a labor contract shall be governed by the principles of lawfulness, fairness, equality, voluntariness, consensus through consultation, and good faith. A legally concluded labor contract is binding, and both the Employer and the worker shall perform the obligations stipulated in the labor contract.
Article 4 Employers shall establish and perfect rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When an Employer formulates, revises, or decides on rules and regulations or major matters directly related to the vital interests of workers—such as labor remuneration, working hours, rest and leave, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management—such matters shall be discussed by the employee representative congress or all employees, who shall propose plans and opinions, and be determined through equal consultation with the trade union or employee representatives. During the implementation of rules, regulations, and major decisions, if the trade union or workers deem them inappropriate, they have the right to raise the issue with the Employer and amend or perfect them through consultation. Employers shall publicize or inform workers of the rules, regulations, and major decisions directly related to their vital interests.
Article 5 Labor administrative departments of people's governments at or above the county level shall, together with trade unions and enterprise representatives, establish and perfect a tripartite mechanism for coordinating labor relationships to jointly study and resolve major issues concerning labor relationships.
Article 6 Trade unions shall assist and guide workers in concluding and performing labor contracts with Employers in accordance with the law, and establish a collective consultation mechanism with Employers to safeguard the lawful rights and interests of workers.
Chapter II: Conclusion of Labor Contracts Article 7 An Employer establishes a labor relationship with a worker from the date of employment. The Employer shall establish a register of employees for reference.
Article 8 When recruiting a worker, the Employer shall truthfully inform the worker of the job content, working conditions, workplace, occupational hazards, production safety status, labor remuneration, and other circumstances the worker requests to know. The Employer has the right to know the basic information of the worker directly related to the labor contract, and the worker shall provide it truthfully.
Article 9 When recruiting workers, Employers shall not detain the workers' resident identity cards or other documents, nor shall they require workers to provide guarantees or collect property from workers under other guises.
Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but a written labor contract has not been concluded simultaneously, a written labor contract shall be concluded within one month from the date of employment. If an Employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 11 If an Employer fails to conclude a written labor contract at the time of employment and the labor remuneration agreed upon with the worker is unclear, the labor remuneration for the newly recruited worker shall be implemented according to the standards stipulated in the collective contract; if there is no collective contract or the collective contract does not stipulate it, equal pay for equal work shall be implemented.
Article 12 Labor contracts are divided into fixed-term labor contracts, open-ended (non-fixed-term) labor contracts, and labor contracts with a term based on the completion of a specific task.
Article 13 A fixed-term labor contract is a labor contract in which the Employer and the worker agree on the termination time of the contract. The Employer and the worker may conclude a fixed-term labor contract upon reaching a consensus through consultation.
Article 14 An open-ended labor contract is a labor contract in which the Employer and the worker agree not to set a definite termination time. The Employer and the worker may conclude an open-ended labor contract upon reaching a consensus through consultation. Under any of the following circumstances, if the worker proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded, unless the worker proposes concluding a fixed-term labor contract:
The worker has worked continuously for the Employer for a full ten years;
When the Employer initially introduces the labor contract system or the state-owned enterprise undergoes restructuring and re-concludes labor contracts, the worker has worked continuously for the Employer for a full ten years and is less than ten years away from the statutory retirement age;
The worker has consecutively concluded a fixed-term labor contract twice, and the worker does not fall under the circumstances stipulated in Article 39 and Items 1 and 2 of Article 40 of this Law, and the labor contract is to be renewed. If an Employer fails to conclude a written labor contract with a worker for a full year from the date of employment, it shall be deemed that the Employer and the worker have concluded an open-ended labor contract.
Article 15 A labor contract with a term based on the completion of a specific task refers to a labor contract in which the Employer and the worker agree to use the completion of a certain task as the term of the contract. The Employer and the worker may conclude such a contract upon reaching a consensus through consultation.
Article 16 A labor contract takes effect upon reaching a consensus through consultation between the Employer and the worker, and being signed or sealed by both parties on the text of the labor contract. The Employer and the worker shall each hold one copy of the labor contract text.
Article 17 A labor contract shall contain the following mandatory clauses:
Name, domicile, and legal representative or main person in charge of the Employer;
Name, address, and resident identity card number or other valid identity document number of the worker;
Term of the labor contract;
Job content and workplace;
Working hours, rest, and leave;
Labor remuneration;
Social insurance;
Labor protection, working conditions, and protection against occupational hazards;
Other matters that laws and regulations require to be included in a labor contract. In addition to the mandatory clauses stipulated in the preceding paragraph, the Employer and the worker may agree on other matters such as probation period, training, confidentiality, supplementary insurance, and welfare benefits.
Article 18 If the standards for labor remuneration and working conditions are not clearly specified in the labor contract and a dispute arises, the Employer and the worker may renegotiate; if the negotiation fails, the provisions of the collective contract shall apply; if there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; if there is no collective contract or the collective contract does not stipulate working conditions, relevant state regulations shall apply.
Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; if the term is more than one year but less than three years, the probation period shall not exceed two months; for fixed-term contracts of three years or more and open-ended contracts, the probation period shall not exceed six months. The same Employer and the same worker may only agree on a probation period once. For a labor contract with a term based on the completion of a specific task or a labor contract with a term of less than three months, no probation period shall be stipulated. The probation period is included in the term of the labor contract. If a labor contract only stipulates a probation period, the probation period shall be null and void, and that period shall be the term of the labor contract.
Article 20 The wages of a worker during the probation period shall not be lower than the lowest wage level for the same position within the unit or 80% of the wage agreed upon in the labor contract, and shall not be lower than the minimum wage standard of the place where the Employer is located.
Article 21 During the probation period, an Employer may not revoke the labor contract except where the worker falls under the circumstances stipulated in Article 39 and Items 1 and 2 of Article 40 of this Law. If the Employer revokes the labor contract during the probation period, it shall explain the reasons to the worker.
Article 22 If an Employer provides special training funds for a worker to undergo professional technical training, it may conclude an agreement with the worker specifying a period of service. If the worker violates the service period agreement, they shall pay liquidated damages to the Employer as agreed. The amount of liquidated damages shall not exceed the training expenses provided by the Employer. The liquidated damages demanded by the Employer shall not exceed the portion of training expenses allocable to the unperformed portion of the service period. An agreement on a service period between an Employer and a worker does not affect the increase of the worker's labor remuneration during the service period in accordance with normal wage adjustment mechanisms.
Article 23 An Employer and a worker may agree in the labor contract on keeping commercial secrets of the Employer and confidential matters related to intellectual property. For workers bearing confidentiality obligations, the Employer may agree on non-competition clauses in the labor contract or confidentiality agreement, and stipulate that economic compensation be given to the worker on a monthly basis during the non-competition period after the revocation or termination of the labor contract. If the worker violates the non-competition agreement, they shall pay liquidated damages to the Employer as agreed.
Article 24 Personnel subject to non-competition are limited to the Employer's senior management personnel, senior technical personnel, and other personnel with confidentiality obligations. The scope, geographical area, and term of non-competition shall be agreed upon by the Employer and the worker, and such agreement shall not violate laws and regulations. After the revocation or termination of the labor contract, the non-competition period for the personnel mentioned in the preceding paragraph to work for another Employer producing or operating products of the same category or engaged in the same business with competitive relations, or to open their own business producing or operating products of the same category or engaged in the same business, shall not exceed two years.
Article 25 Except for the circumstances stipulated in Articles 22 and 23 of this Law, an Employer shall not stipulate with a worker that the worker bears liquidated damages.
Article 26 The following labor contracts are invalid or partially invalid:
Those concluded or modified by one party using deception, coercion, or taking advantage of the other party's difficulties to force them to act contrary to their true intentions;
Those where the Employer disclaims its legal liability or denies the worker's rights;
Those violating mandatory provisions of laws and administrative regulations. Disputes over the invalidity or partial invalidity of a labor contract shall be confirmed by a labor dispute arbitration institution or a People's Court.
Article 27 If a labor contract is partially invalid, and it does not affect the validity of other parts, the other parts shall remain valid.
Article 28 If a labor contract is confirmed as invalid but the worker has already performed labor, the Employer shall pay labor remuneration to the worker. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions within the unit.
Chapter III: Performance and Modification of Labor Contracts Article 29 The Employer and the worker shall comprehensively perform their respective obligations in accordance with the labor contract.
Article 30 The Employer shall promptly pay labor remuneration in full to the worker in accordance with the labor contract and state regulations. If an Employer defaults on or fails to pay labor remuneration in full, the worker may apply to the local People's Court for an order of payment in accordance with the law, and the People's Court shall issue the order of payment in accordance with the law.
Article 31 The Employer shall strictly implement labor quota standards and shall not force or disguise the forcing of workers to work overtime. If an Employer arranges overtime work, it shall pay overtime wages to the worker in accordance with relevant state regulations.
Article 32 A worker's refusal to follow illegal directives or forced hazardous operations by the Employer's management personnel does not constitute a breach of the labor contract. Workers have the right to criticize, report, and file charges against Employers for working conditions that endanger their lives, safety, and physical health.
Article 33 Changes in the Employer's name, legal representative, main person in charge, or investors shall not affect the performance of the labor contract.
Article 34 In the event of a merger or division of the Employer, the original labor contract remains valid, and the labor contract shall continue to be performed by the Employer that succeeds to its rights and obligations.
Article 35 An Employer and a worker may modify the content agreed upon in the labor contract upon reaching a consensus through consultation. Modifications to a labor contract shall be in writing. The Employer and the worker shall each hold one copy of the modified labor contract text.
Chapter IV: Revocation and Termination of Labor Contracts Article 36 An Employer and a worker may revoke the labor contract upon reaching a consensus through consultation.
Article 37 A worker may revoke the labor contract by giving a 30-day prior written notice to the Employer. A worker may revoke the labor contract during the probation period by giving a 3-day prior notice to the Employer.
Article 38 A worker may revoke the labor contract under any of the following circumstances on the part of the Employer:
Failure to provide labor protection or working conditions as stipulated in the labor contract;
Failure to pay labor remuneration promptly and in full;
Failure to pay social insurance premiums for the worker in accordance with the law;
The Employer's rules and regulations violate laws and regulations, impairing the worker's rights and interests;
Causing the labor contract to be invalid due to the circumstances stipulated in Item 1, Paragraph 1 of Article 26 of this Law;
Other circumstances where laws and administrative regulations provide that the worker may revoke the labor contract. If an Employer forces a worker to work by means of violence, threats, or illegal restriction of personal freedom, or if an Employer gives illegal directives or forces hazardous operations endangering the worker's personal safety, the worker may immediately revoke the labor contract without prior notice to the Employer.
Article 39 An Employer may revoke the labor contract if a worker:
Is proven during the probation period to not meet the recruitment conditions;
Seriously violates the Employer's rules and regulations;
Commits serious dereliction of duty or malpractice for personal gain, causing major damage to the Employer;
Simultaneously establishes a labor relationship with another Employer, which severely affects the completion of tasks of the current unit, or refuses to correct the situation after it is pointed out by the Employer;
Causes the labor contract to be invalid due to the circumstances stipulated in Item 1, Paragraph 1 of Article 26 of this Law;
Is held criminally liable in accordance with the law.
Article 40 Under any of the following circumstances, an Employer may revoke the labor contract by giving the worker a 30-day prior written notice or by paying the worker an extra month's wage:
The worker suffers from an illness or non-work-related injury and, upon the expiration of the prescribed medical treatment period, is unable to perform the original work or other work arranged by the Employer;
The worker is incompetent for the job and remains incompetent after training or adjustment of position;
Major changes have occurred in the objective circumstances relied upon at the time the labor contract was concluded, rendering the contract impossible to perform, and the Employer and worker fail to reach an agreement on modifying the contract content after consultation.
Article 41 If it is necessary to lay off 20 or more persons, or less than 20 persons but accounting for 10% or more of the enterprise's total workforce, under any of the following circumstances, the Employer shall explain the situation to the trade union or all employees 30 days in advance, listen to their opinions, and may proceed with the layoff after reporting the layoff plan to the labor administrative department:
Undergoing restructuring pursuant to the Enterprise Bankruptcy Law;
Experiencing severe difficulties in production and business operations;
The enterprise changes its production line, introduces major technological innovations, or adjusts its business methods, and still needs to lay off personnel after modifying labor contracts;
Other major changes in objective economic circumstances relied upon at the time the labor contract was concluded, rendering it impossible to perform. When laying off personnel, priority shall be given to retaining the following persons:
Those who have concluded fixed-term labor contracts with longer terms with the unit;
Those who have concluded open-ended labor contracts with the unit;
Those who are the sole breadwinners in their families and have elderly or minors to support. If an Employer laying off personnel in accordance with Paragraph 1 of this Article recruits personnel again within six months, it shall notify the laid-off personnel and give them priority in recruitment under equal conditions.
Article 42 An Employer shall not revoke the labor contract in accordance with Articles 40 and 41 of this Law if a worker:
Is engaged in operations with occupational hazards and has not undergone a pre-departure occupational health examination, or is a suspected occupational disease patient under diagnosis or medical observation;
Has contracted an occupational disease or suffered a work-related injury within the unit and is confirmed to have lost or partially lost labor capacity;
Is suffering from an illness or non-work-related injury and is within the prescribed medical treatment period;
Is a female employee during pregnancy, maternity leave, or nursing period;
Has worked continuously for the unit for a full 15 years and is less than 5 years away from the statutory retirement age;
Other circumstances stipulated by laws and administrative regulations.
Article 43 When an Employer unilaterally revokes a labor contract, it shall notify the trade union of the reasons in advance. If the Employer violates laws, administrative regulations, or the labor contract, the trade union has the right to demand correction. The Employer shall study the trade union's opinions and notify the trade union of the handling results in writing.
Article 44 A labor contract terminates under any of the following circumstances:
The term of the labor contract expires;
The worker starts to enjoy basic endowment insurance benefits according to the law;
The worker dies, or is declared dead or missing by a People's Court;
The Employer is declared bankrupt in accordance with the law;
The Employer has its business license revoked, is ordered to close down or be abolished, or decides on early dissolution;
Other circumstances stipulated by laws and administrative regulations.
Article 45 If a labor contract expires and any of the circumstances stipulated in Article 42 of this Law applies, the labor contract shall be extended until the corresponding circumstances disappear before termination. However, the termination of a labor contract for a worker who has lost or partially lost labor capacity as stipulated in Item 2 of Article 42 of this Law shall be handled in accordance with state regulations on work-related injury insurance.
Article 46 An Employer shall pay economic compensation to a worker under any of the following circumstances:
The worker revokes the labor contract in accordance with Article 38 of this Law;
The Employer proposes to revoke the labor contract to the worker in accordance with Article 36 of this Law and revokes the contract upon consensus with the worker;
The Employer revokes the labor contract in accordance with Article 40 of this Law;
The Employer revokes the labor contract in accordance with Paragraph 1 of Article 41 of this Law;
A fixed-term labor contract terminates in accordance with Item 1 of Article 44 of this Law, except where the Employer proposes to renew the contract by maintaining or improving the conditions stipulated in the contract but the worker refuses to renew;
The labor contract terminates in accordance with Items 4 and 5 of Article 44 of this Law;
Other circumstances stipulated by laws and administrative regulations.
Article 47 Economic compensation shall be paid based on the number of years the worker has worked for the unit, at a rate of one month's wage for each full year. Any period of six months or more but less than one year shall be calculated as one year; for a period of less than six months, half a month's wage shall be paid. If a worker's monthly wage is three times higher than the average monthly wage of employees in the region for the previous year as published by the people's government at the municipality directly under the Central Government or the districted city level where the Employer is located, the economic compensation standard shall be three times the average monthly wage, and the maximum compensable years shall not exceed twelve years. The term "monthly wage" in this Article refers to the worker's average wage for the twelve months prior to the revocation or termination of the labor contract.
Article 48 If an Employer revokes or terminates a labor contract in violation of this Law and the worker demands continued performance, the Employer shall continue performance; if the worker does not demand continued performance or continued performance is no longer possible, the Employer shall pay compensation in accordance with Article 87 of this Law.
Article 49 The State takes measures to establish and perfect a system for the cross-regional transfer and continuation of workers' social insurance relations.
Article 50 An Employer shall issue a certificate of revocation or termination when a labor contract is revoked or terminated, and shall handle the transfer procedures for the worker's files and social insurance relations within 15 days. The worker shall handle the work handover as agreed by both parties. If the Employer is required to pay economic compensation to the worker in accordance with relevant provisions of this Law, it shall be paid upon completion of the work handover. The Employer shall keep the text of revoked or terminated labor contracts for at least two years for reference.
Chapter V: Special Provisions Section 1: Collective Contracts Article 51 Enterprise workers and Employers may, through equal consultation, conclude collective contracts regarding matters such as labor remuneration, working hours, rest and leave, labor safety and health, and insurance and welfare. The draft collective contract shall be submitted to the employee representative congress or all employees for discussion and approval. A collective contract shall be concluded by the trade union representing enterprise workers and the Employer; for an Employer that has not yet established a trade union, it shall be concluded by representatives elected by the workers under the guidance of a higher-level trade union and the Employer.
Article 52 Enterprise workers and Employers may conclude special collective contracts concerning labor safety and health, protection of female workers' rights and interests, wage adjustment mechanisms, etc.
Article 53 In areas below the county level, trade unions and enterprise representatives in industries such as construction, mining, and catering services may conclude industry-wide or regional collective contracts.
Article 54 After a collective contract is concluded, it shall be submitted to the labor administrative department; the collective contract shall take effect if the labor administrative department raises no objections within 15 days from the date of receiving the text. A legally concluded collective contract is binding on the Employer and workers. Industry-wide and regional collective contracts are binding on Employers and workers in the local industry or region.
Article 55 The standards for labor remuneration and working conditions stipulated in a collective contract shall not be lower than the minimum standards prescribed by the local people's government; the standards stipulated in individual labor contracts between Employers and workers shall not be lower than those stipulated in the collective contract.
Article 56 If an Employer violates a collective contract and infringes upon the labor rights and interests of workers, the trade union may demand the Employer to bear responsibility in accordance with the law; if a dispute arises from the performance of a collective contract and cannot be resolved through consultation, the trade union may apply for arbitration or initiate litigation in accordance with the law.
Section 2: Labor Dispatch Article 57 Labor dispatching units shall be established in accordance with relevant provisions of the Company Law, with a registered capital of not less than 500,000 RMB.
Article 58 Labor dispatching units are "Employers" as referred to in this Law and shall perform an Employer's obligations toward workers. The labor contract concluded between a labor dispatching unit and a dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, also specify the receiving unit (the unit actually using the worker), the dispatch term, and the job position. A labor dispatching unit shall conclude a fixed-term labor contract of at least two years with a dispatched worker and pay labor remuneration monthly; during periods when the dispatched worker has no work, the labor dispatching unit shall pay remuneration monthly in accordance with the minimum wage standard prescribed by the people's government where the unit is located.
Article 59 When dispatching workers, a labor dispatching unit shall conclude a labor dispatch agreement with the unit accepting workers in the form of labor dispatch (hereinafter referred to as the "Accepting Unit"). The labor dispatch agreement shall stipulate the dispatched positions, number of personnel, dispatch term, amount and payment method of labor remuneration and social insurance premiums, and liability for breach of agreement. An Accepting Unit shall determine the dispatch term with the labor dispatching unit based on actual job needs and shall not split a continuous period of employment into several short-term labor dispatch agreements.
Article 60 A labor dispatching unit shall inform the dispatched worker of the content of the labor dispatch agreement. A labor dispatching unit shall not deduct the labor remuneration paid by the Accepting Unit to the dispatched worker according to the agreement. Neither the labor dispatching unit nor the Accepting Unit shall charge fees to the dispatched worker.
Article 61 If a labor dispatching unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall follow the standards of the place where the Accepting Unit is located.
Article 62 An Accepting Unit shall perform the following obligations:
Implement national labor standards, provide corresponding working conditions and labor protection;
Inform dispatched workers of work requirements and labor remuneration;
Pay overtime wages, performance bonuses, and provide job-related welfare benefits;
Provide job-essential training for dispatched workers on the job;
Implement normal wage adjustment mechanisms for continuous employment. An Accepting Unit shall not re-dispatch the dispatched worker to other Employers.
Article 63 Dispatched workers have the right to equal pay for equal work alongside the Accepting Unit's own workers. If the Accepting Unit has no workers in similar positions, remuneration shall be determined with reference to workers in identical or similar positions in the region where the Accepting Unit is located.
Article 64 Dispatched workers have the right to join or organize trade unions within the labor dispatching unit or the Accepting Unit according to the law to safeguard their lawful rights and interests.
Article 65 A dispatched worker may revoke the labor contract with the labor dispatching unit in accordance with Articles 36 and 38 of this Law. If a dispatched worker falls under the circumstances stipulated in Article 39 and Items 1 and 2 of Article 40 of this Law, the Accepting Unit may return the worker to the labor dispatching unit, and the labor dispatching unit may revoke the labor contract with the worker in accordance with relevant legal provisions.
Article 66 Labor dispatch generally takes place in temporary, auxiliary, or substitutable job positions.
Article 67 An Employer shall not set up a labor dispatching unit to dispatch workers to itself or its affiliated units.
Section 3: Part-time Employment Article 68 Part-time employment refers to a form of employment based mainly on hourly pay, where the worker's average daily working hours at the same Employer generally do not exceed four hours, and cumulative weekly working hours do not exceed 24 hours.
Article 69 Both parties to a part-time employment relationship may conclude an oral agreement. A worker engaged in part-time employment may conclude labor contracts with one or more Employers; however, a later labor contract shall not affect the performance of a previously concluded one.
Article 70 Both parties to a part-time employment relationship shall not stipulate a probation period.
Article 71 Either party to a part-time employment relationship may notify the other party at any time to terminate employment. Upon termination, the Employer is not required to pay economic compensation to the worker.
Article 72 The hourly pay rate for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the local people's government. The settlement and payment cycle for part-time labor remuneration shall not exceed 15 days.
Chapter VI: Supervision and Inspection Article 73 The labor administrative department of the State Council is responsible for supervising and managing the implementation of the labor contract system nationwide. Labor administrative departments of local people's governments at or above the county level are responsible for supervising and managing the implementation of the labor contract system within their respective administrative areas. When supervising and managing, labor administrative departments at or above the county level shall listen to the opinions of trade unions, enterprise representatives, and relevant industry competent authorities.
Article 74 Labor administrative departments of local people's governments at or above the county level shall lawfully conduct supervision and inspection of the following situations:
The formulation and implementation of rules and regulations by Employers directly involving workers' vital interests;
The conclusion and revocation of labor contracts by Employers and workers;
Compliance with labor dispatch regulations by labor dispatching units and Accepting Units;
Compliance with state regulations on working hours, rest, and leave by Employers;
Payment of labor remuneration as stipulated in labor contracts and implementation of minimum wage standards by Employers;
Participation in social insurance and payment of premiums by Employers;
Other labor supervision matters stipulated by laws and regulations.
Article 75 When conducting supervision and inspection, labor administrative departments have the right to review materials related to labor and collective contracts and conduct on-site inspections of workplaces. Employers and workers shall truthfully provide relevant information and materials. Staff members of labor administrative departments conducting supervision and inspection shall show their IDs, exercise their functions and powers according to the law, and enforce the law in a civilized manner.
Article 76 Relevant competent departments such as construction, health, and work safety supervision of people's governments at or above the county level shall, within their respective duties, supervise and manage the implementation of the labor contract system by Employers.
Article 77 Workers whose lawful rights and interests are infringed upon have the right to request relevant departments to handle the matter according to the law, or to apply for arbitration or initiate litigation according to the law.
Article 78 Trade unions lawfully safeguard the lawful rights and interests of workers and supervise Employers' performance of labor contracts and collective contracts. If an Employer violates labor laws, regulations, or contracts, the trade union has the right to issue opinions or demand corrections; if a worker applies for arbitration or initiates litigation, the trade union shall provide support and assistance according to the law.
Article 79 Any organization or individual has the right to report acts that violate this Law. Labor administrative departments of people's governments at or above the county level shall promptly verify and handle such reports, and reward persons who render meritorious service in reporting.
Chapter VII: Legal Liabilities Article 80 If an Employer's rules and regulations directly involving workers' vital interests violate laws and regulations, the labor administrative department shall order corrections and give warnings; if damage is caused to workers, the Employer shall bear liability for compensation.
Article 81 If the text of a labor contract provided by an Employer fails to include the mandatory clauses stipulated in this Law, or if the Employer fails to deliver a copy of the contract to the worker, the labor administrative department shall order corrections; if damage is caused to the worker, the Employer shall bear liability for compensation.
Article 82 If an Employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker double wages each month. If an Employer fails to conclude an open-ended labor contract with a worker in violation of this Law, it shall pay the worker double wages each month from the date the open-ended contract should have been concluded.
Article 83 If an Employer stipulates a probation period with a worker in violation of this Law, the labor administrative department shall order corrections; if the illegal probation period has already been performed, the Employer shall pay compensation to the worker at a rate of the worker's monthly wage after probation for the period performed exceeding the statutory probation period.
Article 84 If an Employer violates this Law by detaining workers' resident identity cards or other documents, the labor administrative department shall order the Employer to return them to the workers within a time limit and shall impose punishments in accordance with relevant laws. If an Employer violates this Law by demanding guarantees or collecting property under other guises, the labor administrative department shall order the return of such items to the workers within a time limit and impose a fine of 500 RMB to 2,000 RMB per person; if damage is caused to workers, the Employer shall bear liability for compensation. If a worker legally revokes or terminates a labor contract and the Employer detains the worker's files or other items, it shall be punished in accordance with the preceding paragraph.
Article 85 Under any of the following circumstances on the part of an Employer, the labor administrative department shall order it to pay labor remuneration, overtime wages, or economic compensation within a time limit; if labor remuneration is lower than the local minimum wage, it shall pay the shortfall; if the Employer fails to pay within the time limit, it shall be ordered to pay extra compensation to the worker at a rate of 50% to 100% of the payable amount:
Failure to pay labor remuneration promptly and in full as stipulated in the contract or state regulations;
Paying wages lower than the local minimum wage standard;
Arranging overtime without paying overtime wages;
Failing to pay economic compensation to the worker upon revocation or termination of the labor contract in accordance with this Law.
Article 86 If a labor contract is confirmed invalid in accordance with Article 26 of this Law, causing damage to the other party, the party at fault shall bear liability for compensation.
Article 87 If an Employer revokes or terminates a labor contract in violation of this Law, it shall pay compensation to the worker at twice the economic compensation standard stipulated in Article 47 of this Law.
Article 88 An Employer shall be given administrative penalties according to the law under any of the following circumstances; if a crime is constituted, criminal liability shall be pursued; if damage is caused to workers, the Employer shall bear liability for compensation:
Forcing labor by means of violence, threats, or illegal restriction of personal freedom;
Giving illegal directives or forcing hazardous operations endangering workers' personal safety;
Insulting, corporally punishing, beating, illegally searching, or detaining workers;
Causing severe damage to workers' physical and mental health due to poor working conditions or severe environmental pollution.
Article 89 If an Employer fails to issue a written certificate of revocation or termination of the labor contract in violation of this Law, the labor administrative department shall order corrections; if damage is caused to the worker, the Employer shall bear liability for compensation.
Article 90 If a worker revokes the labor contract in violation of this Law, or violates the confidentiality obligations or non-competition clauses stipulated in the labor contract, causing losses to the Employer, the worker shall bear liability for compensation.
Article 91 If an Employer recruits a worker whose labor contract with another Employer has not yet been revoked or terminated, causing losses to the other Employer, it shall bear joint and several liability for compensation.
Article 92 If a labor dispatching unit violates the provisions of this Law, the labor administrative department and other relevant competent departments shall order corrections; if the circumstances are serious, a fine of 1,000 RMB to 5,000 RMB per person shall be imposed, and the business license shall be revoked by the industry and commerce administration department; if damage is caused to dispatched workers, the labor dispatching unit and the Accepting Unit shall bear joint and several liability for compensation.
Article 93 For illegal and criminal acts committed by an Employer without lawful business qualifications, legal liability shall be pursued according to the law; if a worker has already performed labor, the unit or its investors shall pay labor remuneration, economic compensation, and damages to the worker in accordance with this Law; if damage is caused to the worker, liability for compensation shall be borne.
Article 94 If an individual contractor violates this Law by recruiting workers and causes damage to them, the contracting organization and the individual contractor shall bear joint and several liability for compensation.
Article 95 If staff members of labor administrative departments or other relevant competent departments neglect their duties, fail to perform statutory duties, or illegally exercise their functions and powers, causing damage to workers or Employers, they shall bear liability for compensation; directly responsible persons in charge and other directly responsible personnel shall be given administrative sanctions according to the law; if a crime is constituted, criminal liability shall be pursued.
Chapter VIII: Supplementary Provisions Article 96 Where laws, administrative regulations, or the State Council have other provisions on the conclusion, performance, modification, revocation, or termination of labor contracts between public institutions and staff members under the employment system, such provisions shall apply; where no such provisions exist, relevant provisions of this Law shall apply.
Article 97 Labor contracts legally concluded before the implementation of this Law and existing on the implementation date shall continue to be performed; the number of consecutive fixed-term labor contracts stipulated in Item 3, Paragraph 2 of Article 14 of this Law shall be calculated starting from the subsequent renewal of fixed-term labor contracts after the implementation of this Law. If a labor relationship was established before the implementation of this Law but no written labor contract has been concluded, a written contract shall be concluded within one month from the implementation date. If a labor contract existing on the implementation date is revoked or terminated after the implementation of this Law, and economic compensation is required according to Article 46 of this Law, the years for economic compensation shall be calculated from the implementation date; if the Employer was required to pay economic compensation according to relevant regulations prior to the implementation of this Law, the prior regulations shall apply.
Article 98 This Law shall come into force on January 1, 2008.