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Labor Law of China (2018)

劳动法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Labor Law/Employment Law

Editor(s) C. J. Observer

The Labor Law was promulgated in 1994 and amended in 2009 and 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 107 articles in total.

The key points are as follows:

1.The employer shall be banned from recruiting juveniles under the age of 16.(Article 15)

2.Labor contracts shall be concluded if labor relationships are to be established.(Article 16)

3.The State shall adopt a working hour system wherein laborers shall work for no more than eight hours a day and no more than 44 hours a week on the average.

4.An employer unit shall, in accordance with the following standards, pay workers wages which are higher that the normal wage rates for normal working hours, in any of the following circumstances:

(1) when arranging for a worker to work overtime, not less than 150% of the normal wage shall be paid;

(2) when arranging for a worker to work during rest days and where such rest days cannot be postponed and taken at another time, not less that 200% of the normal wage shall be paid;

(3) when arranging for a worker to work during an official public holiday, not less that 300% of the normal wage shall be paid.(Article 44)

5.The employer shall pay laborers wages no lower than local standards on minimum wages.(Article 48)

6.The employer shall pay wages to laborers in accordance with law when they have legal holidays, take leaves during periods of marriage or mourning, and participate in social activities in accordance with law.(Article 51)

7.The employer shall provide laborers with labor safety and sanitation conditions meeting State stipulations and necessary articles of labor protection, and carry out regular health examination for laborers engaged in work with occupational hazards.(Article 54)

8.The State shall exercise special labour protection measures for female workers and under-age workers. Under-age workers shall refer to those workers who are over sixteen (Article 16) years and under eighteen (Article 18) years of age.(Article58)

9.Birth-giving women employers shall be entitled to maternity leaves no shorter than 90 days.(Article62)

10.The employer shall enjoy social insurance benefits in accordance with the law in any of the following circumstances:

(1) on retirement;

(2) when suffering from an illness or sustaining an injury;

(3) when disabled by a work-related injury or suffering an occupational disease;

(4) when unemployed;

(5) when giving birth.(Article73)

11.When a labour dispute occurs, the parties may apply to the labour dispute arbitration committee for arbitration. If one party disagrees with an arbitration ruling, a suit may be filed in the court.(Article79)

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