Labour Law of the People's Republic of China
Encyclopedia
Labour Law of the People's Republic of China , is a law of China which has been in force since 1995. It was promulgated by the Standing Committee of the National People's Congress
of China on July 5, 1994, and came into effect on January 1, 1995.
This Labour Law is the basic labour law
of China. It’s easily confused with the Labour Contract Law of the People's Republic of China
because of similar names and unprecise media reports. Sometimes it’s called the old labour contract law, which is an incorrect statement.
The purpose of the law, stated by Article 1 in the first chapter, is to “protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress”.
There’re 20 articles concerning labour contracts
and collective contracts
in the third chapter. In 2008, the 98-article-long Labour Contract Law came into effect to further regulate related behaviours.
is not doing well in China. The term collective negotiation (in Chinese 集体协商) first appeared in laws in 2007, instead of collective bargaining （in Chinese 集体谈判）, which is less decisive than the latter.
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
of China on July 5, 1994, and came into effect on January 1, 1995.
This Labour Law is the basic labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
of China. It’s easily confused with the Labour Contract Law of the People's Republic of China
Labor contract law in the People's Republic of China
A new labor contract law in the People's Republic of China went into effect on January 1, 2008, following a series of staff-sacking scandals in many companies...
because of similar names and unprecise media reports. Sometimes it’s called the old labour contract law, which is an incorrect statement.
Contents of the law
The law has 107 articles in 13 chapters. The titles of all the chapters are listed below.- General Provisions
- Promotion of Employment
- Labour Contracts and Collective Contracts
- Working Hours, Rests, and Leaves
- Wages
- Labour Safety and Sanitation
- Special Protection for Female Staff and Workers and Juvenile Workers
- Professional Training
- Social Insurance and Welfare Treatment
- Labour Disputes
- Supervision and Inspection
- Legal Responsibilities
- Supplementary Provisions
The purpose of the law, stated by Article 1 in the first chapter, is to “protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress”.
There’re 20 articles concerning labour contracts
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
and collective contracts
Collective agreement
A collective agreement or collective bargaining agreement is an agreement between employers and employees which regulates the terms and conditions of employees in their workplace, their duties and the duties of the employer...
in the third chapter. In 2008, the 98-article-long Labour Contract Law came into effect to further regulate related behaviours.
Criticism from the public
The law is widely criticised for its defects. This is one of the reasons for the promulgation of the Labour Contract Law a decade later. For example, though collective contract has been put into laws for more than 15 years, collective bargainingCollective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
is not doing well in China. The term collective negotiation (in Chinese 集体协商) first appeared in laws in 2007, instead of collective bargaining （in Chinese 集体谈判）, which is less decisive than the latter.
Related laws
This is a list of related Chinese laws, but does not cover every law related.- Labour Contract Law of the People’s Republic of China
- Trade Union Law of the People’s Republic of China
- Law of the People’s Republic of China on Labour Dispute Mediation and Arbitration
- Employment Promotion Law of the People's Republic of China
- Law of the People’s Republic of China on the Protection of Women’s Rights and Interests
- Production Safety Law of the People’s Republic of China
- Law of the People’s Republic of China on Promoting Clean Production
- Law of the People’s Republic of China on the Prevention and Treatment of Occupational Diseases
External links
- "Labour Law of the People's Republic of China" by Ministry of Commerce of the People's Republic of China.
- "中华人民共和国劳动法" in Chinese, by the Law Database of the National People's Congress.