BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
Article 79 Once a labour dispute occurs, the parties involved can apply
to the labour dispute mediation committee 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 labour dispute arbitration
committee for arbitration. Any one of the parties involved in the case
can also apply to a labour dispute arbitration committee for arbitration.
The party that has objections to the ruling of the labour arbitration
committee can bring the case to a peoples court.
Article 80 A labour dispute mediation committee can be set up inside the
employer. This committee shall be composed of workers representatives,
the representatives of the employer, and trade union representatives. The
chairmanship of this committee shall be held by a trade union
representative.
Agreements reached on labour disputes through mediations shall be
implemented by the parties involved.
Article 81 Labour dispute arbitration committees shall be composed of the
representatives of labour administrative departments, representatives
from trade unions at the same level, and the employers representatives.
The chairmanship of such a committee shall be held by the representative
of a labour administrative department.
Article 82 The party that asks for arbitration shall file a written
application to a labour dispute arbitration committee within 60 days
starting from the date of the occurrance of a labour dispute. Generally
speaking, the arbitration committee 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 labour 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 labour 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
labour dispute arbitration committee 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 labour 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 behaviour that runs counter to labour laws and
regulations and order correction.
Article 86 The supervisors and inspectors of the labour 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
labour laws and regulations, consult data they deem necessary, and
inspect labour spots.
The supervisors and inspectors of the labour 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 Relevants departments under peoples governments at or above
the county level shall supervise, within the range of their duties and
responsibilities, the employer in its observance of labour laws and
regulations.
Article 88 Trade unions at various levels shall safeguard the legitimate
rights and interests of labourers, and supervise the employer in its
observance of labour laws and regulations.
All units and individuals shall have the right to expose and accuse
behaviours that go against labour laws and regulations.
Chapter 12 Legal Responsibilities
Article 89 If the rules and regulations on labour formulated by the
employer run counter to the provisions of laws and regulations, it shall
be given a warning by labour administrative departments, ordered to make
corrections, and asked to hold responsibility over harms that may be done
to labourers.
Article 90 If the employer prolongs work hours in violation of
stipulations in this Law, labour administrative departments can give it a
warning, order it to make corrections, and may impose a fine thereon.
Article 91 The employer involved in any one of the following cases that
encroach upon the legitimate rights and interests of labourers shall be
ordered by labour administrative departments to pay labourers wage
remunerations or to make up for economic losses, and may even order it to
pay compensation:
(1) Deduction or unjustified delay in paying wages to labourers;
(2) Refusal to pay labourers wage remunerations for working longer hours;
(3) Payment of wages to labourers below local standards on minimum wages;
(4) Failure to provide labourers with economic compensations in
accordance with this Law after revocation of labour contracts.
Article 92 The employer whose labour safety facilities and labour
sanitation conditions fall short of State regulations or who fails to
provide labourers with necessary labour protection articles and labour
protection facilities shall be ordered by labour administrative
departments or other relevant departments to make corrections, or be
fined. Those involved in serious cases shall be reported to peoples
governments at or above the county level so that these peoples
governments can decide and order it to stop production for consolidation.
Criminal responsibilities shall be fixed upon the persons in charge
according to stipulations in Article 187 of the Criminal Law should the
failure on the part of the employer to take measures against possible
accidents result in serious accidents and cause losses of labourers life
or properties.
Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14
(For more biz stories, please visit Industry Updates)
Most Popular Stories in 48 Hours
� Foreign firms look to hotel sector
� Steelmakers to reject 19% iron ore hike
� Talks start over gov't contracts
� Boeing expects B747-8 success in Asia
� Money supply growth still climbing
Today's Top News
� 21 killed, 1mln evacuated as typhoon hits S.China
� FM brands spying claims 'fictitious'
� US gov't limits Chinese computers use
� Chairman Mao portrait up for auction
� Pay rises by 16% for State sector workers
Top Biz News
� China bans import, export of endangered species
� China Mobile in talks with Google to add Web services
� UK offers aid to improve life in poorest areas
� Nation's first A380 pilot to receive training
� Export of fishery workers to Taiwan resumed
Alibaba is the largest B2B marketplace in the world. Source model ship,
wooden puzzle, one-piece toilet, RC hovercraft, photo album, prom dress,
pocket bike, Vaginal Speculum, Samurai Sword, String Panty and PVC Pipe.
Chinese School
