BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
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.
Article 93 Criminal responsibilities shall be fixed upon the persons in
charge in accordance with law if the employer forces labourers to venture
to work against regulations and as a result cause major accidents of
injuries and deaths and serious consequences.
Article 94 The employer that recruits juveniles below the age of 16 in
violation of law shall be ordered by labour administrative departments to
make corrections, and fined. That which involves in a serious case shall
have its business license be revoked by the administration for industry
and commerce.
Article 95 The employer that encroaches upon the legitimate rights and
interests of women and underage workers in violation of the stipulations
of this Law on their protection shall be ordered by labour administrative
departments to make corrections, and fined. That which causes harms to
women and underage workers shall assume the responsibility over making
compensations.
Article 96 The responsible person of the employer involved in any one of
the
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