Learn Mandarin: Chinese Online Class - Provisions on the Labor Administration of the Enterprises of Foreign

Investment

BIZCHINA / Labour

Provisions on the Labor Administration of the Enterprises of Foreign
Investment

Updated: 2006-05-08 11:12

Article 36 The State shall practise a working hour system under which
laborers 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 laborers 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 Article 36 of this Law.

Article 38 The employing unit shall guarantee that its staff and workers
have at least one day off in a week.4/11

Article 39 Where an enterprise can not follow the stipulations in Article
36 and Article 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
labor administrative department.

Article 40 The employing unit shall arrange holidays for laborers in
accordance with the law during the following festivals:
(1) the New Year's Day;
(2) the Spring Festival;
(3) the International Labor Day;
(4) the National Day; and
(5) other holidays stipulated by laws, rules and regulations.

Article 41 The employing unit may extend working hours due to the
requirements of its production or business after consultation with the
trade union and laborers, 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 laborers is guaranteed. However,
the total extension in a month shall not exceed thirty six hours.

Article 42 The extension of working hours shall not be subject to
restriction of the provisions of

Article 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 laborers;
(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.

Article 43 The employing unit shall not extend working hours of laborers
in violation of the provisions of this Law.

Article 44 The employing unit shall, according to the following
standards, pay laborers 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.

Article 45 The State shall practise a system of annual vacation with pay.
Laborers 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.
Chapter V Wages

Article 46 The distribution of wages shall follow the principle of
distribution according to work and equal pay for equal work.
The level of wages shall be gradually raised on the basis of economic
development. The State shall exercise macro-regulations and control over
the total payroll.

Article 47 The employing unit shall independently determine its form of
wage distribution and wage level for its own unit according to law and
based on the characteristics of its production and business and economic
results.

Article 48 The State shall implement a system of guaranteed minimum
wages. Specific standards on minimum wages shall be determined by the
people's governments of provinces, autonomous regions or municipalities
directly under the Central Government and reported to the State Council
for the record.
Wages paid to laborers by the employing unit shall not be lower than the
local standards on minimum wages.

Article 49 The determination and readjustment of the standards on minimum
wages shall be made 5/11 with reference to the following factors in a
comprehensive manner: (1) the lowest living expenses of laborers
themselves and the average family members they support; (2) the
average wage level of the society as a whole; (3) labor productivity;
(4) the situation of employment; and (5) the different levels of economic
development between regions.

Article 50 Wages shall be paid monthly to laborers themselves in cash.
The wages paid to laborers shall not be deducted or delayed without
justification.

Article 51 The employing unit shall pay wages according to law to
laborers who observe statutory holidays, take leaves during the periods
of marriage or funeral, or participate in social activities in accordance
with the law.
Chapter VI Occupational Safety and Health

Article 52 The employing unit must establish and perfect the system for
occupational safety and health, strictly implement the rules and
standards of the State on occupational safety and health, educate
laborers on occupational safety and health, prevent accidents in the
process of work, and reduce occupational hazards.

Article 53 Facilities of occupational safety and health must meet the
standards stipulated by the State.
Facilities of occupational safety and health installed in new projects
and projects to be rebuilt or expanded must be designed, constructed and
put into operation and use at the same time as the main projects.

Article 54 The employing unit must provide laborers with occupational
safety and health conditions conforming to the provisions of the State
and necessary articles of labor protection, and provide regular health
examination for laborers engaged in work with occupational hazards.

Article 55 Laborers to be engaged in specialized operations must receive
specialized training and acquire qualifications for such special
operations.

Article 56 Laborers must strictly abide by rules of safe operation in the
process of their work.
Laborers shall have the right to refuse to operate if the management
personnel of the employing unit command the operation in violation of
rules and regulations or force laborers to run risks in operation;
laborers shall have the right to criticize, report or file charges
against the acts endangering the safety of their life and health.

Article 57 The State shall establish a system for the statistics, reports
and dispositions of accidents of injuries and deaths, and cases of
occupational diseases. The labor administrative departments and other
relevant departments of the people's governments at or above the county
level and the employing unit shall, according to law, compile statistics,
report and dispose of accidents of injuries and deaths that occurred in
the process of their work and cases of occupational diseases.
Chapter VII Special Protection for Female and Juvenile Workers

Article 58 The State shall provide female workers and juvenile workers
with special protection. "Juvenile workers" hereby refer to laborers at
the age of 16 but not 18 yet.

Article 59 It is prohibited to arrange female workers to engage in work
down the pit of mines, or work with Grade IV physical labor intensity as
stipulated by the State, or other work that female workers should avoid.

Article 60 Female workers during their menstrual periods shall not be
arranged to engage in work high above the ground, under low temperature,
or in cold water or work with Grade III physical labor intensity as
stipulated by the State.

Article 61 Female workers during their pregnancy shall not be arranged to
engage in work with Grade III physical labor intensity as stipulated by
the State or other work that they should avoid in pregnancy. Female
workers pregnant for seven months or more shall not be arranged to extend
their working hours or to work night shifts.
6/11

Article 62 After childbirth, female workers shall be entitled to no less
than ninety days of maternity leaves with pay.

Article 63 Female workers during the period of breast-feeding their
babies less than one year old shall not be arranged to engage in work
with Grade III physical labor intensity as stipulated by the State or
other labor that they should avoid during their breast-feeding period, or
to extend their working hours or to work night shifts.

Page: 1 2 3 4 5 6

(For more biz stories, please visit Industry Updates)

Thursday, December 20, 2007

Chinese Online Class - Provisions on the Labor Administration of the Enterprises of Foreign

Sponsor AD

Blogroll

Labels

Blog Archive