Terms and Condition

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of workers, regulate labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and to the workers with whom they form labour relations.

State organs, public organizations, social organizations and workers with whom they form labor contractual relationships shall be enforced in accordance with this Law.

Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to remuneration for work, the right to rest and leave, the right to protection of occupational safety and hygiene, the right to vocational skills training, the right to social insurance and welfare benefits, the right to submit a request for the handling of a labor dispute, and the other labor rights stipulated by law.

Workers shall complete their labor tasks, improve their vocational skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4 Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and fulfill their labor obligations.

Article 5 The State shall take various measures to promote employment, develop vocational education, set labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of workers.

Article 6 The State promotes the participation of workers in voluntary social work, conducts labor competitions and rationalization proposals, encourages and protects workers in scientific research, technical innovation and invention, and recognizes and rewards model workers and advanced workers.

Article 7 Workers have the right to join and organize trade unions in accordance with law.

Labor unions represent and safeguard the lawful rights and interests of workers and carry out their activities independently and autonomously in accordance with the law.

Article 8 Workers shall, in accordance with the provisions of the law, participate in democratic management through workers' conferences, workers' congresses or other forms, or engage in equal consultation with employers on the protection of the lawful rights and interests of workers.

Article 9 The labor administration department under the State Council shall be in charge of national labor work.

The labor administrative departments of local people's governments at or above the county level shall be in charge of labor work in their own administrative regions.

Article 10 The State creates employment conditions and expands employment opportunities by promoting economic and social development.

The State encourages enterprises, public organizations and social groups to set up industries or expand their operations within the limits prescribed by laws and administrative regulations in order to increase employment.

The State supports workers in organizing themselves voluntarily for employment and in engaging in self-employment to achieve employment.

Article 11 Local people's governments at all levels shall take measures to develop various types of employment agencies to provide employment services.

Article 12 Workers shall not be discriminated against in employment on the basis of ethnicity, race, gender or religious belief.

Article 13 Women enjoy equal rights with men in employment. In hiring workers, except for those types of work or positions that are not suitable for women as stipulated by the State, women may not be refused employment or have their hiring standards raised on the basis of their gender.

Article 14 Where there are special provisions in laws and regulations regarding the employment of disabled persons, persons belonging to ethnic minorities, or military personnel who have left active service, such provisions shall apply.

Article 15 Employers are prohibited from employing minors under the age of sixteen.

Units employing minors under the age of sixteen in arts and culture, sports and special crafts must comply with the relevant provisions of the State and safeguard their right to receive compulsory education.

Article 16 A labor contract is an agreement between a worker and an employer that establishes a labor relationship and specifies the rights and obligations of both parties.

Article 17 The conclusion and alteration of a labor contract shall be based on the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

A labor contract is legally binding when it is concluded in accordance with the law, and the parties must fulfill their obligations under the labor contract.

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