Labour Law of the People's Republic of China (Amended in 2018) 中华人民共和国劳动法（2018修正）

Labour Law of the People's Republic of China (Amended in 2018)

Labour Law of the People's Republic of China (Amended in 2018)

‍中华人民共和国劳动法（2018修正）‍

(Adopted at the 8th Session of the Standing Committee of the Eighth National People's Congress on 5 July 1994, amended for the first time according to the Decision on Revising Certain Laws at the 10th Session of the Standing Committee of the Eleventh National People's Congress on 27 August 2009, and amended for the second time according to the Decision on Revising Seven Laws Including the Labour Law of the People's Republic of China at the 7th Session of the Standing Committee of the Thirteenth National People's Congress on 29 December 2018)

Chapter I General Provisions

Article 1
This Law is enacted in accordance with the Constitution of the People's Republic of China in order to protect the legitimate rights and interests of workers, regulate the labour relations, establish and safeguard a labour system that is adaptable to the socialist market economy and promote economic development and social progress.

Article 2
This Law shall apply to all enterprises and individual economic organisations (hereinafter collectively referred to as "employers") and workers who have formed labour relationships with those employers within the territory of the People's Republic of China.

The government organs, public institutions, social organisations and workers who have established contractual labour relationships with them shall be governed by this Law.

Article 3
A worker shall enjoy the right to equal employment and to choose an occupation, the right to obtain labour remuneration, the right to rest and have holidays, the right to receive labour safety and hygiene protection, the right to receive vocational training, the right to enjoy social security and welfare, the right to request settlement of labour disputes and other labour rights stipulated by the law.

A worker shall fulfil work assignments, improve his/her vocational skills, implement labour safety and hygiene regulations and observe labour discipline and professional ethics.

Article 4
An employer shall establish and improve its rules and regulations in accordance with the law in order to ensure that its workers enjoy labour rights and perform labour obligations.

Article 5
The State adopts all possible measures to promote employment, develop vocational education, formulate labour standards, regulate social income, improve social security, coordinate labour relations and progressively improve the living standards of workers.

Article 6
The State advocates the voluntary participation of workers in social work, launches the labour emulation campaigns and the activity of rationalization proposals, encourages and protects the scientific research, technological innovation and invention-creation conducted by workers, and commends and rewards model workers and advanced workers.

Article 7
Workers have the right to join or organise trade unions in accordance with the law.

Trade unions shall represent and protect the lawful rights and interests of workers and carry out their activities independently according to law.

Article 8
A worker shall, in accordance with the provisions of law, participate in democratic management through a workers' congress, workers' representative assembly or other forms, or carry out consultation on the basis of equality with his/her employer concerning the protection of legitimate rights and interests of workers.

Article 9
The labour administrative department under the State Council is in charge of labour work nationwide.

The labour administrative departments of the local people's governments at the county level or above shall be responsible for labour work within their respective administrative regions.

Chapter II Promotion of Employment

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

The State encourages enterprises, public institutions and social organisations to start up businesses or expand business operations within the scope stipulated by laws and administrative regulations so as to increase employment opportunities.

The State supports workers in voluntarily organising themselves for employment or engaging in self-employed businesses in order to secure employment.

Article 11
The local people's governments at all levels shall adopt measures to develop various types of job introduction agencies to provide employment services.

Article 12
Workers shall not be discriminated against in employment regardless of their nationality, race, sex or religious belief.

Article 13
Women shall enjoy equal right to employment as men. When employees are recruited, women shall not be refused on the grounds of sex, nor shall the recruitment standards for women be raised, except for those types of work or positions unsuitable for women as stipulated by the State.

Article 14
Where there are special provisions in laws and regulations concerning employment of disabled persons, persons of minority and military personnel discharged from active service, such provisions shall apply.

Article 15
Employers are prohibited from recruiting minors under the age of sixteen (16).

Entities of literature and art, sports and special arts and crafts that recruit minors under the age of sixteen (16) must observe the relevant provisions of the State and guarantee their right to receive compulsory education.

Chapter III Labour Contracts and Collective Contracts

Article 16
A labour contract is an agreement made between a worker and an employer to establish work relationships and define the rights and obligations of both parties.

A labour contract shall be concluded for establishment of work relationships.

Article 17
Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and consensus, and shall not violate the laws and administrative regulations.

Once concluded in accordance with the law, a labour contract shall immediately become legally binding on both parties. The parties to a labour contract must assume obligations as stipulated in the labour contract.

Article 18
The following labour contracts shall be deemed invalid:

(1) where a labour contract is in violation of the provisions of laws and administrative regulations;
and

(2) where a labour contract is concluded by means of deception, threat or other unlawful means.

An invalid labour contract shall have no legal binding force from the time it is concluded. Where a labour contract is deemed partially invalid, and the validity of the remaining parts is not affected, the remaining parts of the labour contract shall remain valid.

The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.

Article 19
A labour contract shall be concluded in writing and shall include the following clauses:

(1) term of the labour contract;

(2) work tasks;

(3) labour protection and labour conditions;

(4) labour remuneration;

(5) labour discipline;

(6) conditions for termination of labour contract;
and

(7) liability for breach of labour contract.

Apart from the essential clauses as stipulated in the preceding paragraph, the parties to the labour contract may agree upon other contents through consultation.

Article 20
The term of a labour contract may be divided into fixed term, non-fixed term and term based on the completion of certain work.

Where an extension of a labour contract is agreed upon by both parties after a worker has worked for a continuous period of ten (10) years for the same employer, a labour contract with a non-fixed term shall be concluded if the worker proposes to enter into a labour contract with an indefinite term.

Article 21
A labour contract may stipulate a probationary period which shall not exceed six (6) months at most.

Article 22
The parties to a labour contract may agree on matters in the labour contract concerning the keeping of trade secrets of the employer.

Article 23
A labour contract shall be terminated with immediate effect on the expiry of its term or when conditions for termination of the labour contract occur as agreed by the parties concerned.

Article 24
A labour contract may be rescinded upon agreement between the parties concerned through consultation.

Article 25
An employer may rescind a labour contract if a worker falls under any of the following circumstances:

(1) where he/she is proved unqualified for employment during the probationary period;

(2) where he/she has seriously violated labour discipline or the rules and regulations of the employer;

(3) where he/she has committed serious dereliction of duties or has practised favouritism for personal gains, causing great damage to the interests of the employer;
or

(4) where he/she has been subject to criminal liability in accordance with the law.

Article 26
An employer may rescind a labour contract in any of the following circumstances, provided however that it shall notify the worker in writing thirty (30) days in advance:

(1) where a worker, upon expiration of medical treatment, is unable to take up his/her original job or any other work arranged by the employer due to illness or non-work-related injury;

(2) where a worker is not competent for work and remains unqualified even after training or adjustment of his/her position;
or

(3) where the original labour contract cannot be performed due to major changes in the objective conditions based on which the labour contract is concluded and an agreement to amend the labour contract cannot be reached by both parties through consultation.

Article 27
Where an employer genuinely needs to reduce staff during a period of statutory rectification due to bankruptcy or due to major difficulties in its production and business operations, it shall, thirty (30) days in advance, explain the situation to the trade union, or all workers, seek the opinions of the trade union or workers, and may lay off workers after report to the labour authority.

Where an employer has laid off staff in accordance with the provisions of this Article, but recruits workers within six (6) months, it shall give preference to those laid off.

Article 28
Where an employer rescinds the labour contract in accordance with the provisions of Article 24, 26 or 27 hereof, it shall make economic compensation pursuant to relevant State regulations.

Article 29
An employer may not rescind a labour contract in accordance with the provisions of Article 26 or 27 hereof if a worker has any of following circumstances:

(1) where he/she suffers from an occupational disease or a work-related injury and has been confirmed as being totally or partially unable to work;

(2) where he/she falls within the stipulated period of medical treatment due to an illness or injury;

(3) where a female worker is within the period of pregnancy, perinatal or lactation;
or

(4) other circumstances as stipulated in laws and administrative regulations.

Article 30
Where the trade union holds that the rescission of a labour contract by an employer is improper, it may put forward opinions. In case that the employer violates laws, regulations or the labour contract, the trade union shall have the right to demand correction;
the trade union shall support and assist a worker who applies for arbitration or files a lawsuit according to law.

Article 31
A worker rescinding a labour contract shall inform his/her employer in writing thirty (30) days in advance.

Article 32
A worker may, at any time, notify his/her employer to rescind a labour contract in any of the following circumstances:

(1) during the probationary period;

(2) where an employer forces the worker to work by means of violence, threat or illegal restriction of personal freedom;
or

(3) where an employer fails to pay labour remuneration or to provide work conditions stipulated in the labour contract.

Article 33
The workers of an enterprise as one party may enter into a collective contract with the enterprise on labour remuneration, working hours, rest days and holidays, labour safety and hygiene, insurance and welfare and other related matters. A draft collective contract shall be submitted to the workers' representative assembly or all of the workers, for discussion and adoption.

A collective contract shall be signed by the enterprise and the trade union on behalf of the workers;
or shall be signed by the enterprise and a representative elected by the workers if the enterprise has not established a trade union.

Article 34
A collective contract, upon signature, shall be submitted to the labour authority. A collective contract shall be deemed to take effect immediately if the labour authority raises no objections within fifteen (15) days from receipt of the collective contract.

Article 35
A collective contract signed in accordance with the law shall have legal binding force on the enterprise and all of its workers. The working conditions and labour remuneration and other standards stipulated in a labour contract which has been signed by an individual worker and an enterprise shall not be lower than those stipulated in a collective contract.

Chapter IV Working Hours, Rest Days and Holidays

Article 36
The State adopts a system of working hours with daily working hours for each worker not in excess of eight (8) hours and average weekly working hours not in excess of forty-four (44) hours.

Article 37
An employer shall, in accordance with the system of working hours stipulated in Article 36 hereof, rationally determine the work quota and piece work rate for a worker involved in piece work.

Article 38
An employer shall ensure that its workers have at least one (1) day off in a week.

Article 39
In case an enterprise is unable to implement the provisions of Article 36 and 38 hereof due to requirements of its production, it may adopt other measures for working hours and rest days subject to approval by the labour authority.

Article 40
An employer shall arrange for its workers to have holidays on the following festivals:

(1) New Year's Day;

(2) Spring Festival;

(3) International Labour Day;

(4) National Day;
and

(5) Other festivals as stipulated by laws and regulations.

Article 41
Due to the requirements of production and business operations, an employer may extend the working hours of a worker after consulting with the trade union and the worker concerned, however, the extended working hours shall in general not exceed one (1) hour per day;
where an extension of working hours is required due to special reasons, such extension shall not exceed three (3) hours per day under the condition that the workers' health is guaranteed, and the amount of overtime extended shall not exceed thirty-six (36) hours per month.

Article 42
An extension of working hours shall not be restricted by the provisions of Article 41 hereof in any of the following circumstances:

(1) an emergency response is needed when the life and health of workers and safety of property are threatened due to natural disaster, accident or other causes;

(2) where urgent repairs must be promptly made to production equipment, transportation lines or public facilities which are break down so as to affect production or the public interest;
or

(3) other circumstances as stipulated by laws and administrative regulations.

Article 43
An employer shall not extend the working hours of its workers in violation of the provisions of this Law.

Article 44
An employer shall, under the following standards, pay wages which are higher than the normal wage rates for normal working hours of a worker in any of the following circumstances:

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

(2) when arranging for a worker to work during rest days and being unable to arrange for compensatory time off, it shall pay not less than 200% of the normal wage;
or

(3) when arranging for a worker to work during a statutory holiday, it shall pay not less than 300% of the normal wage.

Article 45
The State implements a system of paid annual leave.

A worker who has worked for one (1) or more successive years shall enjoy paid annual leave. The specific measures shall be enacted by the State Council.

Chapter V Wages

Article 46
Wages shall be paid under the principle of distribution according to performance and equal pay for equal work.

Wage levels are increased gradually on the basis of economic growth. The State shall exercise macro-control over the total payroll.

Article 47
An employer shall, in light of the characteristics of its production and business operations and its economic benefits, independently determine its own wage distribution measures and wage levels.

Article 48
The State implements a minimum wage guarantee system. Specific standards for minimum wages shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government and shall be filed with the State Council for the record.

Wages paid by an employer to its workers shall not be less than the local minimum wage standards.

Article 49
In the determination and adjustment of minimum wage standards, the following factors shall be taken into comprehensive consideration:

(1) the minimum living expenses of a worker and his/her average dependents;

(2) the average social wage level;

(3) the labour productivity;

(4) the employment situation;
and

(5) differences in the levels of economic development between different regions.

Article 50
Wages shall be paid to workers themselves in monetary form on a monthly basis. Wages paid to workers shall not be deducted or delayed without proper reasons.

Article 51
An employer shall pay wages in accordance with the law to its workers during statutory holidays, marriage or bereavement leave and participation in social activities in accordance with the law.

Chapter VI Labour Safety and Hygiene

Article 52
An employer must establish a sound labour safety and hygiene system and shall strictly implement State rules and standards of labour safety and hygiene, conduct labour safety and hygiene education among its workers, prevent accidents during work and reduce occupational hazards.

Article 53
Labour safety and hygiene facilities must meet the standards stipulated by the State.

Labour safety and hygiene facilities for a new construction, reconstruction or extension project must be designed, constructed and put into production and use at the same time as the main project.

Article 54
An employer must provide its workers with labour safety and hygiene conditions in conformity with the regulations of the State and necessary articles for labour protection and shall conduct regular health checks for workers engaged in operations of occupational hazards.

Article 55
A worker engaged in a special operation must receive special training and shall acquire relevant qualifications for special operation.

Article 56
A worker must strictly observe the safety operation procedures.

A worker shall have the right to refuse to carry out the command against rules and operations at risk forced upon him/her by management personnel of his/her employer;
a worker shall also have the right to criticise, accuse or bring charges against any act that is harmful to life, safety and personal health.

Article 57
The State establishes a system of statistics, reporting and handling of fatalities and injuries and occupational diseases. The labour administrative departments of the people's governments at the county level or above, relevant departments and employers shall conduct statistics, report and handle fatalities and injuries incurred by workers during the course of their work and workers' occupational diseases in accordance with the law.

Chapter VII Special Protection of Female Workers and Underage Workers

Article 58
The State xercises special labour protection for female workers and underage workers.

Underage workers shall refer to those workers who are over sixteen (16) years but under the age of eighteen (18).

Article 59
It is prohibited to arrange for female workers to engage in labour in mining pits, work involving physical labour of the fourth degree of intensity as specified by the State, or any prohibited work.

Article 60
It is prohibited to arrange for female workers, during the menstrual period, to engage in labour at high altitudes, in low temperatures or which involves contact with cold water, or work involving physical labour of the third degree of intensity as specified by the State.

Article 61
It is prohibited to arrange for pregnant workers to engage in work involving physical labour of the third degree of intensity as specified by the State, or any other work prohibited during pregnancy. No extra hours or night shift shall be arranged for female workers pregnant for seven months or more.

Article 62
Female workers shall be entitled to maternity leave no less than ninety (90) days at childbirth.

Article 63
During the period of breastfeeding an infant under the age of one (1) year, it is prohibited to arrange for female workers to engage in work involving physical labour of the third degree of intensity as specified by the State or any other work prohibited during the lactation period. No extra hours or night shift shall be arranged for such female workers.

Article 64
It is prohibited to arrange for underage workers to engage in work in mining pits, work under poisonous or harmful circumstances, work involving physical labour of the fourth degree of intensity as specified by the State, or any other work prohibited.

Article 65
An employer shall arrange for regular health checks for underage workers.

Chapter VIII Vocational Training

Article 66
The State carries out vocational training undertakings through all possible channels and by adopting all measures to develop the vocational skills of workers, improve workers' quality and enhance employment ability and work skills of workers.

Article 67
The people's governments at all levels shall incorporate vocational training in their social and economic development programs and shall encourage and support qualified enterprises, public institutions, social organisations and individuals to conduct all forms of vocational training.

Article 68
An employer shall establish a system of vocational training and shall, pursuant to State regulations, withdraw and use funds for vocational training, and carry out vocational training for its workers in a planned way in light of its actual situation.

Workers to be engaged in technical work must receive training before taking up their posts.

Article 69
The State determines occupational classifications, formulates occupational skill standards for specified occupations and practices a vocational qualification certificate system. The assessment and accreditation agencies that have been filed for the record shall be responsible for assessment and accreditation of occupational skills of workers.

Chapter IX Social Security and Welfare

Article 70
The State develops social security undertakings, and establishes a social security system and social security funds in order to assist and compensate workers who are old, suffer illness and work-related injuries, are unemployed or give birth, etc.

Article 71
The level of social security shall be appropriate to the level of social and economic development and the social bearing capacity.

Article 72
Social security funds shall, in accordance with the types of insurance, determine the sources of funds and shall progressively be placed under uniform arrangements. An employer and its workers must participate in social insurance schemes and pay social security premiums in accordance with the law.

Article 73
Workers shall enjoy social insurance benefits in accordance with the law under any of the following circumstances:

(1) retirement;

(2) suffering from an illness or injury;

(3) being disabled due to work-related injury or suffering an occupational disease;

(4) being unemployed;
and

(5) giving birth.

In the event of death of a worker, the family members of the deceased shall receive survivor subsidies.

The conditions and standards of social insurance benefits for workers shall be stipulated by laws and regulations.

Social insurance benefits enjoyed by workers must be paid on time and in full.

Article 74
A social security fund agency shall conduct receipts, expenditures, management and operation of the social security fund pursuant to laws and regulations and shall be responsible for preserving and increasing the value of the social security fund.

A social security fund supervisory authority shall be responsible for supervision of receipts, expenditures, management and operation of social security funds pursuant to laws.

Establishment and functions of a social security fund agency and of a social security fund supervisory authority shall be stipulated by the law.

No organisation or individual may misappropriate the social security fund.

Article 75
The State encourages employers to establish supplementary insurance for their workers according to their actual circumstances.

The State advocates individual workers to participate in savings insurance.

Article 76
The State develops social and welfare undertakings and constructs public welfare facilities to provide conditions for workers to rest, convalesce and recuperate.

An employer shall create conditions to improve the collective welfare and raise the welfare benefits of its workers.

Chapter X Labour Disputes

Article 77
Where a labour dispute occurs between an employer and a worker, any party concerned may, in accordance with the law, apply for conciliation or arbitration, file a lawsuit or settle the dispute through consultation.

The principle of conciliation shall apply to arbitration and legal proceedings.

Article 78
In the settlement of a labour dispute, the principles of legitimacy, fairness and timeliness shall be followed in order to safeguard the legal rights and interests of the parties to a labour dispute in accordance with the law.

Article 79
When a labour dispute arises, the parties to the dispute may apply to the labour dispute conciliation committee of the employer for conciliation;
if conciliation fails, and any of the parties concerned demands arbitration, it may apply to the labour dispute arbitration committee for arbitration. Any party may also directly apply to the labour dispute arbitration committee for arbitration. Any party that disagrees with an arbitration award may file a lawsuit with the people's court.

Article 80
A labour dispute conciliation committee may be established in an employer and shall consist of representatives of workers, the employer and the trade union. The chairperson of a labour dispute conciliation committee shall be a representative of the trade union.

If an agreement is reached for a labour dispute through conciliation, the parties concerned shall implement the same.

Article 81
A labour dispute arbitration committee shall consist of representatives of the labour authority, the trade union at the same level and the employer. The chairperson of a labour dispute arbitration committee shall be a representative of the labour authority.

Article 82
A party which requests arbitration shall file a written application with the labour dispute arbitration committee within sixty (60) days from the date on which the labour dispute occurs. An arbitration award shall, in general, be made within sixth (60) days from receipt of an arbitration application. If there are no objections to the arbitration award, the parties concerned shall perform the same.

Article 83
Any party to a labour dispute that disagrees with an arbitration award may file a lawsuit with the people's court within fifteen (15) days of receiving notice of the arbitration award. Where any party fails to initiate legal proceedings and perform the arbitration award within the prescribed time limit, the other party may apply to the people's court for enforcement.

Article 84
Where a dispute arises over the conclusion of a collective contract and the parties concerned fail to resolve the matter through consultation, the labour administrative department of the local people's government may organize relevant parties to coordinate and settlement.

Where a dispute arises over the performance of a collective contract and the parties to the dispute fail to resolve the matter through consultation, an application may be filed with the labour dispute arbitration committee for arbitration;
any party that disagrees with the arbitration award may file a lawsuit with the people's court within fifteen (15) days of receiving notice of the arbitration award.

Chapter XI Supervision and Inspection

Article 85
The labour administrative departments of the people's governments at the county level or above shall carry out supervision and inspection over employers' compliance with labour laws and regulations in accordance with the law, have the right to stop any act in violation of labour laws and regulations and order rectification.

Article 86
The supervision and inspection personnel of the labour administrative departments of the people's governments at the county level or above shall, while performing their official duties, have the right to enter employers to inquire about the implementation of labour laws and regulations, consult documents as necessary and inspect labour premises.

The supervision and inspection personnel of the labour administrative departments of the people's governments at the county level or above must present their certificates while performing their duties, enforce the law impartially and observe relevant provisions.

Article 87
Relevant departments of the people's governments at the county level or above shall, within the scope of their respective functions and powers, supervise employers' compliance with labour laws and regulations.

Article 88
Trade unions at all levels shall safeguard the legal rights and interests of workers in accordance with the law and supervise the implementation by employers of labour laws and regulations.

Any organisation or individual shall have the right to file an accusation and bring charges against any act in violation of labour laws and regulations.

Chapter XII Legal Liability

Article 89
Where labour rules and regulations formulated by an employer are in violation of laws and regulations, the labour authority shall issue a warning and order it to rectify;
if damage is caused to workers, the employer shall bear liability for compensation.

Article 90
Where an employer has extended the working hours of its workers in violation of the provisions of this Law, the labour authority shall issue a warning and order it to rectify and may concurrently impose a fine on it.

Article 91
Where an employer has committed any of the following acts that infringe upon the legitimate rights and interests of its workers, the labour authority shall order it to pay wages and economic compensation to those workers and may also order it to pay compensation:

(1) the deduction or delay, without proper reason, of the payment of workers' wages;

(2) the refusal to pay remuneration to workers for extended working hours;

(3) the payment of workers' wages at a rate lower than the local minimum wage rate;
or

(4) the failure to pay economic compensation to workers in accordance with the provisions of this Law after the dissolution of a labour contract.

Article 92
Where the labour safety facilities and labour hygiene conditions of an employer fail to meet the requirements of the State or where an employer fails to provide the necessary labour protection articles and labour protection facilities for workers, the labour authority or relevant authorities shall order it to make rectifications and may impose a fine on it;
if the case is very serious, a request shall be made to the people's government at the county level or above to make a decision to order suspension of operations for rectification;
if an employer fails to adopt measures to prevent potential accidents, resulting in a major accident and causing loss of life and property of a worker, the liable persons shall be subject to criminal liability pursuant to the provisions of the Criminal Law.

Article 93
Where an employer forces its workers to take risks in performing operations against relevant rules, causing major injuries or fatalities and serious consequences, the liable persons shall be subject to criminal liability in accordance with the law.

Article 94
Where an employer has illegally recruited minors under sixteen (16) years of age, the labour authority shall order it to rectify and may impose a fine on it;
if the case is very serious, the market regulatory authority shall revoke its business licence.

Article 95
Where an employer has violated the provisions of this Law on the protection of female and underage workers by infringing upon their legal rights and interests, the labour authority shall order it to rectify and impose a fine on it;
the employer shall bear liability for compensation for any harm caused to female and underage workers.

Article 96
Where an employer has committed any of the following acts, the public security organ may detain those liable persons for up to fifteen (15) days, impose a fine or issue a warning to them;
should the case be serious enough to constitute a crime, the liable persons shall be subject to criminal liability in accordance with the law:

(1) compelling workers to work by force, threat or by means of illegal restriction of personal freedom;
or

(2) insulting, physically punishing, beating, illegally searching or taking workers into custody.

Article 97
Where an invalid contract concluded as a result of fault of an employer has caused harm to workers, the employer shall bear liability for compensation.

Article 98
Where an employer rescinds a labour contract in violation of the requirements of this Law or deliberately delays the conclusion of a labour contract, the labour authority shall order it to rectify;
if damage is caused to workers, the employer shall bear liability for compensation.

Article 99
Where an employer has employed a worker whose labour contract with a former employer has not yet been rescinded, thereby causing economic losses to the former employer, the employer shall bear joint and several liability for compensation in accordance with the law.

Article 100
Where an employer fails to pay social insurance premiums without proper reason, the labour authority shall order it to pay outstanding premiums within a prescribed time limit;
if it fails to make payment within the prescribed time limit, an overdue fine may be imposed on it.

Article 101
Where an employer unjustifiably obstructs the labour authority, relevant authorities and their personnel in the exercise of the rights of supervision and inspection or retaliates against the whistleblowers, the labour authority or relevant authorities shall impose a fine on it;
if the case is serious enough to constitute a crime, the liable persons shall be investigated for criminal liability in accordance with the law.

Article 102
Where a worker rescinds a labour contract in violation of the requirements of this Law or has violated the confidentiality provisions stipulated in the labour contract, thus causing the economic losses to his/her employer, he/she shall bear liability for compensation in accordance with the law.

Article 103
Where any functionary of a labour authority or relevant authorities abuses his/her power, commits dereliction of duty or practices favouritism for personal gains, if the case constitutes a crime, criminal liability shall be pursued in accordance with the law. If a crime is not constituted, he/she shall be given disciplinary sanction.

Article 104
Where any government functionary or a staff member of the social security fund agency misappropriates the social security fund, if the case constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 105
Where there are provisions of other laws or administrative regulations on the punishment of infringements upon the legitimate rights and interests of workers as stipulated by this Law, such provisions shall apply.

Chapter XIII Supplementary Provisions

Article 106
The people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with this Law and in light of their actual situation, stipulate the implementation steps of the labour contract system and report the same to the State Council for record.

Article 107
This Law shall come into force on 1 January 1995.