Labor Law of the People's Republic of China

2017-12-03 22:05:23 wyh 28

Labor Law of the People's Republic of China

Number twenty-eighth of the president

The eighth meeting of the Standing Committee of the Eighth National People's Congress was adopted in July 5, 1994


Chapter I General rules

Article 1 in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system that adapts to the socialist market economy, and promote economic development and social progress, the law is formulated according to the constitution.

The second law is applicable to enterprises and individual economic organizations in People's Republic of China (hereinafter referred to as employing units) and laborers who form labor relations with them.

The state organs, institutions, social organizations and workers who establish labor contracts with them are carried out in accordance with this law.

Third workers enjoy equal employment and choice of occupation, the right to obtain payment for labor rights, the right to rest and vacation obtain protection of occupational safety and health rights, accept the occupation training rights, rights for labor dispute, enjoy social insurance and welfare management rights and legal provisions of other labor rights. The workers should complete the work task, improve their professional skills, implement the regulations of the labor safety and health, and abide by the labor discipline and the professional ethics.

The fourth employers should establish and perfect the rules and regulations in accordance with the law so as to ensure that the workers enjoy the labor rights and fulfil their labor obligations.

The fifth country takes various measures to promote employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standard of labourers.

The sixth countries advocate workers to participate in social voluntary labor, carry out labor competition and rationalization proposals, encourage and protect laborers for scientific research, technological innovation and inventions and creations, and commend and reward labor models and advanced workers.

The seventh workers have the right to participate in and organize trade unions according to law. The trade union represents and maintains the legitimate rights and interests of the labourers, and carries out their activities independently and independently according to law.

Eighth workers in accordance with the law, through the workers' Congress, workers' Congress or other forms, to participate in democratic management, or to protect workers' legitimate rights and interests and employers' equal consultation.

Ninth the labor administrative department of the State Council is in charge of the work of the whole country. The labor administrative department of the local people's government at or above the county level is in charge of the labor work in the administrative region.

Labor Law of the People's Republic of China

Number twenty-eighth of the president

The eighth meeting of the Standing Committee of the Eighth National People's Congress was adopted in July 5, 1994

Chapter I General rules

Article 1 in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system that adapts to the socialist market economy, and promote economic development and social progress, the law is formulated according to the constitution.

The second law is applicable to enterprises and individual economic organizations in People's Republic of China (hereinafter referred to as employing units) and laborers who form labor relations with them.

The state organs, institutions, social organizations and workers who establish labor contracts with them are carried out in accordance with this law.

Third workers enjoy equal employment and choice of occupation, the right to obtain payment for labor rights, the right to rest and vacation obtain protection of occupational safety and health rights, accept the occupation training rights, rights for labor dispute, enjoy social insurance and welfare management rights and legal provisions of other labor rights. The workers should complete the work task, improve their professional skills, implement the regulations of the labor safety and health, and abide by the labor discipline and the professional ethics.

The fourth employers should establish and perfect the rules and regulations in accordance with the law so as to ensure that the workers enjoy the labor rights and fulfil their labor obligations.

The fifth country takes various measures to promote employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standard of labourers.

The sixth countries advocate workers to participate in social voluntary labor, carry out labor competition and rationalization proposals, encourage and protect laborers for scientific research, technological innovation and inventions and creations, and commend and reward labor models and advanced workers.

The seventh workers have the right to participate in and organize trade unions according to law. The trade union represents and maintains the legitimate rights and interests of the labourers, and carries out their activities independently and independently according to law.

Eighth workers in accordance with the law, through the workers' Congress, workers' Congress or other forms, to participate in democratic management, or to protect workers' legitimate rights and interests and employers' equal consultation.

Ninth the labor administrative department of the State Council is in charge of the work of the whole country. The labor administrative department of the local people's government at or above the county level is in charge of the labor work in the administrative region.

The second chapter promotes employment

Through the promotion of economic and social development, the tenth countries create employment conditions and expand employment opportunities. The State encourages enterprises, institutions and social organizations to develop or expand their business in the scope of laws and administrative regulations and increase employment. The State supports workers to voluntarily organize employment and engage in individual business to achieve employment.

The eleventh local people's governments at all levels should take measures to develop various types of employment agencies and provide employment services.

The twelfth labourers are not discriminated against because of their ethnic, racial, sexual and religious beliefs.

Thirteenth women enjoy equal rights to employment with men. When recruiting employees, they shall not refuse to hire women or raise employment standards for women in addition to the state regulations which are not suitable for women's jobs or jobs.

The employment of fourteenth persons with disabilities, ethnic minorities and soldiers who have withdrawn from active service have special provisions on the laws and regulations, which are stipulated in the provisions of the laws and regulations.

The fifteenth prohibition of employing units to recruit minors under the age of sixteen.

Art, sports and special craft units recruit juveniles who are under sixteen years of age. They must perform the examination and approval procedures in accordance with the relevant provisions of the state, and guarantee their right to receive compulsory education.

The third chapter of labor contract and collective contract

The sixteenth labor contract is an agreement between workers and employers to establish labor relations and clarify the rights and obligations of the two parties.

Labor contracts should be concluded in the establishment of labor relations.

The seventeenth article to conclude and change the labor contract should follow the principle of equal voluntariness and consensus, and shall not violate the provisions of the laws and administrative regulations. It is legally binding to conclude the labor contract according to law, and the parties must fulfill the obligations stipulated in the labor contract.

Eighteenth the following labor contracts are invalid:

(1) labor contracts that are in violation of laws and administrative regulations;

(two) a labor contract which is concluded by means of fraud or threat.

An invalid labor contract, from the time of conclusion, is not legally binding. If the part of the labor contract is invalid, if it does not affect the effectiveness of the rest of the contract, the rest of the contract is still valid. The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

The nineteenth labor contract shall be concluded in written form and have the following terms:

(1) the term of labor contract;

(two) the content of the work;

(three) labor protection and labor conditions;

(four) labor remuneration;

(five) labor discipline;

(six) the conditions for the termination of the labor contract;

(seven) the liability for violation of the labor contract.

In addition to the necessary provisions stipulated in the preceding paragraph, the labor contract may negotiate and agree on other contents.

The duration of the twentieth labor contracts is divided into a fixed period, a non fixed term, and a deadline for the completion of a certain work. If a worker continues to work in the same employer for more than ten years, if the parties agree to renew the labor contract, if the worker proposes to conclude a labor contract without fixed term, it shall conclude an unfixed term labor contract.

The twenty-first labor contract may stipulate the probation period. The maximum period of probation shall not exceed six months.

The twenty-second parties to the labor contract may stipulate the matters relating to the business secrets of the employer in the labor contract.

When the twenty-third labor contracts are expired or the conditions of termination of the labor contract agreed by the parties, the labor contract will be terminated.

The labor contract may be relieved by the twenty-fourth parties who have been agreed upon by the parties involved in the labor contract.

If the twenty-fifth laborers have one of the following cases, the employing unit may terminate the labor contract:

(1) when it is proved that it is not in conformity with the conditions of employment during the trial period;

(two) serious violation of labor discipline or the rules and regulations of the employing unit;

(three) a serious dereliction of duty, corruption, caused serious damage to the interests of the employer;

(four) criminal responsibility is investigated by law.

The twenty-sixth article of one of the following cases, the employing unit may terminate the labor contract, but should notify the worker in written form thirty days in advance:

(1) if a worker is ill or is not injured by a worker, after the expiration of the medical period, he can not engage in the original work or engage in a separate job arranged by the employer.

(two) workers are not competent, after training or adjusting their jobs, they are still unable to work.

(three) the objective situation based on the conclusion of the labor contract has undergone significant changes, resulting in the failure of the original labor contract to be fulfilled. After the negotiation of the parties concerned, it is impossible to reach an agreement on changing the labor contract.

Article twenty-seventh the employer brink of bankruptcy or serious difficulties in production and management is to cut down the staff, shall be thirty days in advance to the trade union or all the staff to explain the situation, listen to the opinions of the trade union or employees, report to the administrative department of labour, can reduce the number of personnel. If the employer cuts the personnel in accordance with the provisions of this article, the personnel who employ the personnel within six months shall give priority to the personnel who have been reduced.

The twenty-eighth employer shall terminate the labor contract in accordance with the provisions of the twenty-fourth, twenty-sixth and twenty-seventh provisions of this law, and shall make economic compensation in accordance with the relevant provisions of the state.

If the twenty-ninth laborers have one of the following cases, the employer shall not terminate the labor contract in accordance with the provisions of the twenty-sixth and twenty-seventh articles of this law.

(1) a occupational disease or a job negative injury, which is confirmed to be lost or partially lost the ability to work;

(two) illness or injury, within the prescribed period of medical treatment;

(three) female workers in the period of pregnancy, maternity and lactation;

(four) other circumstances as prescribed by laws and administrative regulations.

The thirtieth employer terminates the labor contract, and the trade union considers that it is not appropriate and has the right to make an opinion. If the employing unit violates laws, regulations or labor contracts, the trade union has the right to ask for a re treatment. If a worker applies for arbitration or raises a lawsuit, the trade union shall give support and assistance in accordance with the law.

The thirty-first labourers should notify the employer in written form thirty days before the termination of the labor contract.

The thirty-second article of one of the following cases, the laborer may at any time notify the employer to dissolve the labor contract:

(1) during the probation period;

(two) the employing unit forced labor by means of violence, threat or illegal restriction of personal freedom;

(three) the employer does not pay remuneration for labor or provides labor conditions as stipulated in the labor contract.

Thirty-third, employees and employees can sign collective contracts on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits and so on. The draft of the collective contract shall be submitted to the staff congress or all the staff and workers to discuss and pass it.

The collective contract is signed by the trade union on behalf of the workers and the employees; without the establishment of a trade union enterprise, the representatives elected by the workers and the enterprises are signed with the enterprise.

The thirty-fourth collective contract shall be submitted to the labor administrative department after signing the contract. The labor administrative department has not objected within fifteen days from the date of receiving the collective contract, and the collective contract will become effective.

The thirty-fifth collective contracts signed in accordance with the law are binding on all the enterprises and enterprises. The standards of labor conditions and remuneration in the labor contract concluded between the individual and the enterprise shall not be lower than the provisions of the collective contract.

Fourth chapter working hours and rest and vacation

The thirty-sixth state implements a worker's working hours of not more than eight hours a day and an average working hours of no more than forty-four hours per week.

Thirty-seventh, for workers who perform piecework work, the employing units shall reasonably determine their labor quota and piecework remuneration according to the working hour system stipulated in the thirty-sixth clause of this law.

The thirty-eighth employer should ensure that the worker is resting at least one day a week.

The thirty-ninth enterprise can not implement the thirty-sixth and thirty-eighth provisions of this law because of the production characteristics. If approved by the labor administrative department, other businesses and rest methods can be implemented.

The fortieth employers should arrange workers' vacations according to law during the following holidays:

(1) new year's day;

(two) Spring Festival;

(three) International Labor Day;

(four) National Day;

(five) other holidays as prescribed by laws and regulations.

Article forty-first the employer due to the needs of production and operation, can prolong the working time after consultation with trade unions and workers, shall not exceed one hour a day; for special reasons need to lengthen working hours, prolong the working time in the condition of the health of the workers under the guarantee shall not exceed three hours a day, but not more than thirty-six hours per month.

Forty-second of the following cases, the extension of working time is not restricted by the forty-first article of this Law:

(1) the occurrence of natural disasters, accidents or other reasons, which threaten the health of the workers and the safety of property, and need to be dealt with urgently.

(two) failure of production equipment, transportation lines and public facilities, affecting the interests of production and the public, must be repaired in time;

(three) other circumstances as prescribed by laws and administrative regulations.

The forty-third employer shall not extend the working hours of the labourer in violation of the provisions of this law.

Forty-fourth one of the following cases, the employer shall pay the salary remuneration higher than the normal working hours of the labourer in accordance with the following standards:

(1) to arrange workers to extend their working hours and pay less than one hundred and fifty percent of their wages.

(two) working arrangements for the rest day cannot arrange the work, pay wages not less than two hundred percent of the wages;

(three) legal vacations are arranged for workers to pay three hundred percent of their wages.

The forty-fifth countries carry out the system of paid annual vacation.

Workers have been working for more than one year and enjoy paid annual vacations. The specific measures shall be stipulated by the State Council.

Fifth chapter salary

The forty-sixth wage distribution should follow the principle of distribution according to work and carry out equal pay for equal work. The wage level has been gradually improved on the basis of economic development. The state carries out macro control on the total wage.

In accordance with the characteristics of the production and operation of the unit and the economic benefits, the forty-seventh employers independently determine the wage distribution and wage level of the unit according to law.

The forty-eighth countries implement the minimum wage guarantee system. The specific standard of the minimum wage is provided by the people's Government of the province, autonomous region and municipality directly under the central government, and is reported to the State Council for record. The wages of the employers should not be lower than the local minimum wage.

The forty-ninth criteria for determining and adjusting the minimum wage should be integrated with the following factors:

(1) the minimum living expenses of the workers themselves and the average support for the population;


(two) the average wage level of the society;

(three) labor productivity;

(four) the status of employment;

(five) the differences in the level of economic development between regions.

The fiftieth wage should be paid monthly to the worker himself in the form of money. The wages of the workers shall not be withheld or undue.

Fifty-first workers in the statutory holidays and weddings and holidays and to participate in social activities according to law, the employer shall pay wages.

The sixth chapter of labor safety and health

The fifty-second employer must establish and improve the labor safety and health system, strictly enforce the national labor safety and health regulations and standards, educate workers on labor safety and hygiene, prevent accidents in labor process and reduce occupational hazards.

Fifty-third labor safety and health facilities must conform to the standards prescribed by the state.

The labor safety and health facilities of the new, rebuilt and expanded projects must be designed, constructed and put into production and use at the same time with the main project.

Fifty-fourth, the employing units must provide workers with labor safety and hygiene conditions and necessary labor protection articles, which are in line with the state's regulations, and do regular health checks for workers engaged in occupational hazards.

The fifty-fifth workers engaged in special operations must be trained and qualified for special operations.

The fifty-sixth labourers must strictly abide by the safety procedures in the process of labor. The laborers have the right to refuse to execute the illegal command and coercive operation of the employers, and have the right to criticize, report and prosecute the acts that endanger the safety of life and health.

The fifty-seventh countries set up statistical reports and treatment systems for casualty and occupational diseases. The labor administrative departments, relevant departments and employing units of the people's governments at or above the county level shall, according to law, make statistics, reports and treatments for casualty accidents and occupational diseases of labourers in the process of labor.

The special protection of female workers and underage workers in the seventh chapter

Fifty-eighth countries carry out special labor protection for female workers and underage workers.

Underage workers are workers aged sixteen and eighteen years old.

The fifty-ninth article prohibits the arrangement of female workers in the mine underground, the labor intensity of the fourth level manual labor and other taboo labor stipulated by the state.

The sixtieth shall not arrange for the female workers to work in the period of height, low temperature, cold water operation and the third level manual labor intensity stipulated by the state.

The sixty-first shall not arrange for the female workers to engage in labor of third levels of physical labor intensity prescribed by the state during pregnancy and the forbidden labor during pregnancy. Women workers who have been pregnant for more than seven months are not allowed to extend their working hours and work in the night shift.

Sixty-second female workers and workers enjoy more than ninety days of maternity leave.

The sixty-third item is not to arrange for women workers to engage in third level physical labor intensity stipulated by the state and other labor prohibited during lactation period when they are under the age of one year of lactation. They shall not arrange their extended work hours and night shift work.

Sixty-fourth, no labor or other taboos shall be arranged for underage workers to engage in underground mines, toxic and harmful, fourth level physical labor intensity stipulated by the state, and other taboos.

The sixty-fifth employers should conduct regular health checks on the underage workers.

The eighth chapter of vocational training

The sixty-sixth countries take various measures to develop vocational training programs, develop their vocational skills, improve their quality and enhance their employability and working ability through various channels.

Sixty-seventh people's governments at all levels should include developing vocational training into the planning of social and economic development, encouraging and supporting qualified enterprises, institutions, social organizations and individuals to conduct various forms of vocational training.

The sixty-eighth employer shall set up a vocational training system, extract and use the vocational training funds according to the state regulations, and carry out vocational training for workers according to the actual situation of the unit. Workers engaged in technical work must be trained before they go on duty.

The sixty-ninth country determines occupation classification, formulates professional skill standard for the prescribed occupation, implements the vocational qualification certificate system, and is authorized by the government authorized appraisal institution to carry out the vocational skill examination and appraisal for the laborers.

The ninth chapter of social insurance and welfare

The seventieth one is to develop social insurance business, establish social insurance system and set up social insurance fund, so that workers can get help and compensation in the condition of old age, illness, work injury, unemployment and childbearing.

The seventy-first levels of social insurance should be adapted to the level of social and economic development and the capacity for social acceptance.

The seventy-second social insurance fund will determine the source of funds according to the type of insurance, and gradually implement the social co-ordination. The employers and workers must take part in social insurance according to law and pay social insurance premiums.

The seventy-third labourers, under the following circumstances, enjoy social insurance treatment according to law:

(1) retirement;

(two) illness and negative injury;

(three) due to disability or occupational disease;

(four) unemployment;

(five) birth.

After the death of a worker, the dependents shall enjoy survivor benefits. The conditions and standards for the workers to enjoy the treatment of social insurance are stipulated by laws and regulations. The social insurance benefits enjoyed by the workers must be paid in full and on time.

The seventy-fourth social insurance fund agencies, in accordance with the law, pay, manage and operate social insurance funds, and have the responsibility to maintain and increase the value of social insurance funds. The supervision institutions of the social insurance fund shall supervise the income and expenditure, management and operation of the social insurance fund in accordance with the law. The establishment and functions of the supervision institutions of the social insurance fund and the social insurance fund are stipulated by the law. No organization or individual shall misappropriation the social insurance fund.

The seventy-fifth state encourages the employing units to establish supplementary insurance for the workers in accordance with the actual conditions of their own units. The State advocates individual workers' personal savings insurance.

The seventy-sixth countries develop social welfare undertakings and build public welfare facilities to provide conditions for workers to rest, recuperate and recuperate. The employers should create conditions to improve the welfare of the collective and improve the welfare of the workers.

The tenth chapter of labor dispute

Seventy-seventh the employers and workers have labor disputes, and the parties may apply for mediation, arbitration and litigation according to law, and can also be settled by negotiation. The principle of mediation applies to arbitration and proceedings.

The Seventy-eighth labor disputes should be solved in accordance with the principles of legal, fair and timely treatment, and the legal rights and interests of the parties to labor disputes should be maintained in accordance with the law.

After the seventy-ninth labor dispute occurs, the parties can apply for mediation to the labor dispute mediation committee of the unit. If mediation fails, one party can apply for arbitration to the labor dispute arbitration committee, if one party asks for arbitration. One party may also apply for arbitration directly to the labor dispute arbitration commission. If the arbitral award is not satisfied, it may bring a lawsuit to the people's court.

The eightieth in the employing unit, the labor dispute mediation committee can be set up. The labor dispute mediation committee is composed of representatives of staff and workers, representatives of employers and trade union representatives. The director of the labor dispute mediation committee is held by the trade union representative. If an agreement is reached through mediation by a labor dispute, the parties shall perform the agreement.

The eighty-first labor dispute arbitration commission is composed of representatives of the labor administrative department, the representatives of the trade unions at the same level, and the representatives of the employers. The director of the labor dispute arbitration commission is held by the representative of the labor administration department.

The eighty-second party that puts forward the request for arbitration shall submit a written application to the labor dispute arbitration commission within sixty days from the date of the occurrence of the labor dispute. The arbitral award shall generally be made within sixty days of the receipt of the arbitration application. If there is no objection to the arbitral award, the party must perform it.

If the parties to the eighty-third labor dispute are not satisfied with the arbitral award, they may bring a lawsuit to the people's court within fifteen days from the date of receipt of the arbitration award. If one party does not prosecute and does not perform the arbitral award within the legal period, the other party may apply for enforcement by the people's court.

Eighty-fourth, because of disputes arising from signing a collective contract, the parties concerned can not solve it through consultation. The labor administrative department of the local people's government can organize the relevant parties to coordinate the process. If a dispute occurs when a collective contract is executed, if the parties fail to resolve the dispute through consultation, they may apply for arbitration to the labor dispute arbitration committee. If they refuse to accept the arbitral award, they may bring a lawsuit to the people's court within fifteen days from the date of receiving the arbitration award.

The eleventh chapter supervision and inspection

Eighty-fifth labor administrative departments of people's governments at or above the county level shall supervise and inspect the compliance with labor laws and regulations according to law, and have the right to stop violations of labor laws and regulations, and order them to make corrections.

Eighty-sixth people's governments at or above the county level shall have the right to enter the employment unit to understand the implementation of labor laws and regulations, inspect the necessary information and check the labor place.

The administrative department of labor supervision and inspection personnel of all levels of people's governments at or above the county level in performing their duties, must produce documents, enforce the law and abide by the relevant regulations.

Eighty-seventh departments of people's governments at or above the county level shall supervise the employers' compliance with labor laws and regulations within their respective responsibilities.

The eighty-eighth trade unions at all levels safeguard the legitimate rights and interests of the workers according to law, and supervise the employer's compliance with the labor laws and regulations. Any organization or individual has the right to prosecute and accuse the act of violating the laws and regulations of the labor.

The twelfth chapter of legal responsibility

The eighty-ninth labor rules and regulations formulated by employers are in violation of laws and regulations, which shall be warned by the labor administrative department and ordered to be corrected. Workers who are injured by workers shall be liable for compensation.

Ninetieth, if the employing unit violates the provisions of this Law and extends the working time of the laborers, the labor administrative department shall give a warning, order it to make corrections, and impose a fine.

Ninety-first, if one of the following cases is infringed upon by the employer, the labor administrative department shall instruct the laborer to pay the wages, the economic compensation, and he may be ordered to pay the indemnity.

(1) arrears or undue arrears of wages for workers;

(two) refusing to pay wages for workers to extend their working hours;

(three) pay the wages of the workers below the local minimum wage;

(four) after the termination of the labor contract, economic compensation for the workers is not given in accordance with the provisions of this law.

Labor safety facilities and health conditions of ninety-second of the employer does not comply with the provisions of the state or provide the necessary labor protection supplies and labor protection facilities to the workers, a correction by the labor administrative department or other relevant departments shall be fined; if the circumstances are serious, apply to the people's government at or above the county level shall take decision ordered to suspend production for rectification; measures for accidents, resulting in a serious accident, causing loss of life and property to the workers, the responsible person shall be prosecuted for criminal responsibility according to the provisions of article 187th of the criminal law.

Ninety-third, employers must force workers to violate the rules and take risks, causing serious casualties and causing serious consequences. The responsible persons shall be investigated for criminal responsibility according to law.

The ninety-fourth employer illegally recruits juveniles under the age of sixteen shall be ordered by the labor administrative department to make corrections and be fined. If the circumstances are serious, the administrative department for Industry and Commerce shall revoke the business license.

The ninety-fifth rule of violation of this law to the protection of female workers and underage workers is that the violation of their legitimate rights and interests is ordered by the labor administrative department to make corrections and impose a fine. If the damage is caused to the female workers or underage workers, they shall be liable for compensation.

Ninety-sixth, one of the following acts of the employing unit shall be punished by a public security organ for a responsible person under fifteen days' detention, a fine or a warning. If a crime is constituted, the responsible person shall be investigated for criminal responsibility according to law.

(1) forced labour by means of violence, threats or illegal restrictions on personal freedom;

(two) insult, corporal punishment, assault, illegal search and detention of labourers.

The ninety-seventh article, due to the invalid contract made by the employer, causes damage to the worker, and shall bear the liability for compensation.

The ninety-eighth, if the employer violates the provisions of this law, terminates the labor contract or delays in signing the labor contract without delay, the labor administrative department shall order it to make corrections, and the worker who causes damage to the employee shall be liable for compensation.

Ninety-ninth, if the employing unit recruits the worker who has not yet terminated the labor contract and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation according to law.

If the 100th employer does not pay the social insurance fee without any reason, the labor administrative department shall order it to pay the fee in a time limit, and the late payment may be added to the late payment.

Article 101st the employer unjustifiably obstructs the labor administrative departments and other relevant departments and their staff in exercising the powers of supervision and inspection, take revenge informers, the labor administrative department or other relevant departments shall impose a fine; constitute a crime, the persons responsible for criminal responsibility according to law.

102nd, a laborer who breaks the labor contract in violation of the provisions of this law or violates the confidentiality matters stipulated in the labor contract, which causes economic losses to the employing unit, shall be liable for compensation according to law.

If the 103rd labor administrative departments or related departments' staff abuse their powers, neglect their duties and commit malpractices for selfish purposes, they will be prosecuted for criminal responsibility according to law if they constitute a crime; if they do not constitute a crime, they shall be given administrative sanction.

104th staff members of the national staff and social insurance fund agencies have misappropriated social insurance funds, which constitute a crime and shall be investigated for criminal liability according to law.

The 105th violation of the provisions of this Law infringes the legitimate rights and interests of laborers. Other laws and regulations have imposed penalties, and shall be punished according to the provisions of the laws and administrative regulations.

The thirteenth chapter

106th provinces, autonomous regions and municipalities directly under the central government, according to this Law and the actual situation of the region, stipulate the implementation steps of the labor contract system, and report it to the State Council for record.

The 107th law has been implemented since January 1, 1995.

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