Labor Contract Law of the People's Republic of China

catalogue
Chapter I General Provisions
Chapter II Conclusion of Labor Contracts
Chapter III Performance and Modification of Labor Contracts
Chapter IV Cancellation and Termination of Labor Contracts
Chapter V Special Provisions
Section I Collective Agreement
Section II Labor Dispatch
Section 3 Part time Employment
Chapter VI Supervision and Inspection
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions

 

Chapter I General Provisions
Article 1 This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.
Article 2 This Law is applicable to enterprises, individual economic organizations, people run non enterprise units and other organizations (hereinafter referred to as "employing units") within the territory of the People's Republic of China that establish labor relations with workers and conclude, perform, change, dissolve or terminate labor contracts.
The conclusion, performance, modification, dissolution or termination of labor contracts by State organs, institutions, social organizations and workers who have established labor relations with them shall be governed by this Law.
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations agreed in the labor contract.
Article 4 The employing unit shall establish and improve labor rules and regulations in accordance with the law, and ensure that workers enjoy the right to work and perform their labor obligations.
When an employing unit formulates, amends or decides on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss them with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or workers' representatives on an equal footing to determine.
In the process of implementing the rules and regulations and decisions on major issues, if the trade union or the staff and workers think it is inappropriate, they have the right to propose to the employing unit to modify and improve it through consultation.
The employing unit shall publicize the rules and regulations and major decisions that directly affect the vital interests of workers, or inform workers.
Article 5 The labour administrative departments of the people's governments at or above the county level shall, together with the trade unions and the representatives of the enterprises, establish and improve a tripartite mechanism for coordinating labour relations, and jointly study and solve major problems concerning labour relations.
Article 6 A trade union shall help and guide workers to conclude and perform labor contracts with the employing unit according to law, and establish a collective negotiation mechanism with the employing unit to safeguard the legitimate rights and interests of workers.
Chapter II Conclusion of Labor Contracts
Article 7 The employing unit shall establish a labor relationship with labourers from the date of employment. The employing unit shall establish a register of employees for future reference.
Article 8 When employing labourers, the employing unit shall truthfully inform labourers of the work content, working conditions, workplace, occupational hazards, production safety, labour remuneration and other information that labourers require to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
Article 9 When recruiting workers, the employing unit shall not detain the resident identity cards and other certificates of the workers, nor require the workers to provide guarantees or collect property from the workers under other names.
Article 10 To establish a labor relationship, a written labor contract shall be concluded.
If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If an employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 11 Where the employing unit fails to conclude a written labor contract at the same time as the employment, and the labor remuneration agreed upon with the worker is not clear, the labor remuneration of the newly recruited worker shall be subject to the standards specified in the collective contract; If there is no collective agreement or no provision in the collective agreement, equal pay for equal work shall be implemented.
Article 12 Labor contracts are divided into fixed term labor contracts, non fixed term labor contracts and labor contracts whose term is to complete certain work tasks.
Article 13 A fixed term labor contract refers to a labor contract in which the employer and the worker agree on the time of termination of the contract.
An employer and a worker may conclude a fixed term labor contract if they reach consensus through consultation.
Article 14 A labor contract without a fixed term refers to a labor contract in which the employer and the worker agree that there is no definite termination time.
An employer and a worker may conclude an open-ended labor contract if they reach consensus through consultation. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded, except that the employee proposes to conclude a fixed-term labor contract:
（1） The laborer has worked in the employing unit for at least ten consecutive years;
（2） When the employing unit implements the labor contract system for the first time or the state-owned enterprise restructures and re concludes the labor contract, the worker has worked in the employing unit for at least ten consecutive years and is less than ten years away from the statutory retirement age;
（3） The labor contract has been concluded for two consecutive fixed term labor contracts, and the employee has not renewed the labor contract under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law.
If the employer fails to conclude a written labor contract with the worker at the end of one year from the date of employment, it shall be deemed that the employer has concluded a open-ended labor contract with the worker.
Article 15 A labor contract whose term is to complete a certain task refers to a labor contract in which an employer and a worker agree that the term of the contract is to complete a certain task.
An employing unit and a worker may conclude a labor contract with the time limit of completing a certain task by consensus.
Article 16 A labor contract shall come into force after the employer and the worker reach an agreement through consultation, and the employer and the worker sign or seal on the text of the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
Article 17 A labor contract shall contain the following clauses:
（1） The name, domicile, legal representative or principal responsible person of the employer;
（2） The name, address and number of the resident identity card or other valid identity documents of the worker;
（3） The term of the labor contract;
（4） Work content and location;
（5） Working hours, rest and vacation;
（6） Labor remuneration;
（7） Social insurance;
（8） Labor protection, working conditions and occupational hazard protection;
（9） Other matters required by laws and regulations to be included in the labor contract.
In addition to the necessary provisions specified in the preceding paragraph, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance and welfare benefits.
Article 18 If the labor contract is not clear about the labor remuneration, working conditions and other standards, which causes disputes, the employing unit and the worker may renegotiate; If negotiation fails, the provisions of the collective agreement shall apply; If there is no collective contract or the collective contract does not provide for labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the State shall apply.
Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of a labor contract is more than one year but less than three years, the probation period shall not exceed two months; For labor contracts with a fixed term of more than three years or with no fixed term, the probation period shall not exceed six months.
The same employer and the same worker can only agree on one probation period.
A labor contract whose term is to complete a certain task or whose term is less than three months may not stipulate a probation period.
The probation period is included in the term of the labor contract. If a labor contract only stipulates a probation period, the probation period shall not be established and shall be the term of the labor contract.
Article 20 The wages of labourers during the probation period shall not be lower than the lowest wage for the same position of the unit or 80% of the wages agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employing unit is located.
Article 21 During the probation period, the employing unit may not rescind the labor contract unless the worker has the circumstances specified in Article 39 and Items 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reason to the worker.
Article 22 Where an employing unit provides special training fees for labourers and provides them with professional and technical training, it may enter into an agreement with the labourer on the term of service.
If a worker violates the agreement on the service period, he shall pay liquidated damages to the employing unit in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employing unit. The liquidated damages required to be paid by the employer shall not exceed the training expenses that should be shared for the part of the service period that has not been performed.
If the employer and the employee agree on a service period, it shall not affect the increase of the labor remuneration of the employee during the service period in accordance with the normal wage adjustment mechanism.
Article 23 The Employer and the employee may agree in the labor contract to keep the Employer's business secrets and confidential matters related to intellectual property rights.
For the employee who has the obligation of confidentiality, the employer may agree with the employee on the non competition clause in the labor contract or confidentiality agreement, and agree to give the employee economic compensation on a monthly basis within the non competition period after the labor contract is dissolved or terminated. If a worker violates the non competition agreement, he shall pay liquidated damages to the employing unit in accordance with the agreement.

Article 24 The persons subject to non competition shall be limited to the senior managers, senior technicians and other personnel of the employing unit who are obligated to keep confidential. The scope, region and duration of the restriction on business strife shall be agreed upon by the employer and the worker, and the agreement on the restriction on business strife shall not violate the provisions of laws and regulations.
After the cancellation or termination of the labor contract, the period of non competition for the personnel specified in the preceding paragraph to other employers that are competitive with their own units in producing or operating similar products or engaging in similar businesses, or to start their own business to produce or operate similar products or engage in similar businesses, shall not exceed two years.
Article 25 Except for the circumstances specified in Articles 22 and 23 of this Law, the employing unit may not agree with the worker that the worker shall bear the liquidated damages.
Article 26 The following labor contracts are invalid or partially invalid:
（1） Causing the other party to conclude or change the labor contract against its true intention by means of fraud, coercion or taking advantage of the other party's difficulties;
（2） The employer exempts itself from its legal responsibilities and excludes the rights of workers;
（3） Violating the mandatory provisions of laws and administrative regulations.
If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by a labor dispute arbitration institution or a people's court.
Article 27 Where a part of a labor contract is invalid and does not affect the validity of the other parts, the other parts remain valid.
Article 28 If a labor contract is confirmed to be invalid and the worker has already worked, the Employer shall pay the worker remuneration. The amount of labor remuneration shall be determined by reference to the labor remuneration of workers in the same or similar positions of the unit.
Chapter III Performance and Modification of Labor Contracts
Article 29 The employing unit and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.
Article 30 The employing unit shall, in accordance with the provisions of the labor contract and the provisions of the State, pay labourers remuneration in full and on time.
If the employer defaults or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
Article 31 The employing unit shall strictly implement the labor quota standards and shall not force or in disguised form force workers to work overtime. Where an employing unit arranges for overtime work, it shall pay overtime pay to the workers in accordance with the relevant provisions of the State.
Article 32 Where a worker refuses to be instructed or forced to work at risk by the management personnel of the employing unit in violation of regulations, it shall not be deemed as a violation of the labor contract.
Labourers shall have the right to criticize, inform and accuse the employing units of working conditions that endanger their life safety and health.
Article 33 The change of the name, legal representative, main responsible person or investor of the employing unit shall not affect the performance of the labor contract.
Article 34 In the event of a merger or division of the employing unit, the original labor contract shall continue to be effective, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations.
Article 35 The Employer and the employee may change the contents of the labor contract if they reach an agreement through consultation. The alteration of a labor contract shall be made in writing.
The employer and the employee shall each hold one copy of the revised labor contract.
Chapter IV Cancellation and Termination of Labor Contracts
Article 36 The employing unit and the worker may terminate the labor contract if they reach consensus through consultation.
Article 37 A worker may terminate his labor contract by giving a written notice to the employing unit 30 days in advance. A worker may terminate the labor contract by notifying the employing unit three days in advance during the probation period.
Article 38 Under any of the following circumstances, an employee may terminate his labor contract:
（1） Failing to provide labor protection or working conditions as agreed in the labor contract;
（2） Failing to pay labor remuneration in full and on time;
（3） Failing to pay social insurance premiums for workers according to law;
（4） The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
（5） The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
（6） Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.
If the employing unit forces workers to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces workers to work at risk in violation of rules and regulations, which endangers their personal safety, the worker may immediately terminate the labor contract without informing the employing unit in advance.
Article 39 In any of the following circumstances, the Employer may terminate the labor contract:
（1） It is proved that the employee does not meet the employment conditions during the probation period;
（2） Seriously violating the rules and regulations of the employing unit;
（3） Serious dereliction of duty or malpractice for personal gain, causing great damage to the employing unit;
（4） The laborer establishes labor relations with other employing units at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employing unit;
（5） The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
（6） Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employing unit may terminate the labor contract by notifying the worker himself in writing 30 days in advance or by paying the worker an additional month's wages:
（1） The laborer is unable to engage in his original work or other work arranged by the employing unit after the expiration of the prescribed medical treatment period due to illness or non work related injury;
（2） Labourers are not competent for their jobs and are still not competent after training or job adjustment;
（3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement on changing the content of the labor contract through consultation.
Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or reduce less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employing unit may reduce personnel after explaining the situation to the trade union or all the employees 30 days in advance, listening to the opinions of the trade union or the employees, and reporting the reduction plan to the labor administrative department:
（1） Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;
（2） Serious difficulties in production and operation;
（3） The enterprise has changed its production, made major technological innovation or adjusted its mode of operation, and still needs to reduce its personnel after changing the labor contract;
（4） Other major changes in the objective economic conditions on which the labor contract is based at the time of conclusion result in the inability to perform the labor contract.
When downsizing, priority shall be given to the following personnel:
（1） Concluding a long-term fixed term labor contract with the unit;
（2） Conclude a non fixed term labor contract with the unit;
（3） There are no other employed persons in the family, and there are old people or minors in need of support.
If an employing unit reduces its personnel in accordance with the provisions of the first paragraph of this Article and re recruits personnel within six months, it shall notify the personnel who have been reduced, and give priority to recruiting the personnel who have been reduced under the same conditions.
Article 42 The employing unit may not rescind the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker is under any of the following circumstances:
（1） The workers engaged in the operations exposed to occupational disease hazards have not undergone the pre departure occupational health examination, or the suspected occupational disease patients are under diagnosis or medical observation;
（2） Suffering from occupational diseases or work-related injuries in the unit and being confirmed to have lost or partially lost the ability to work;
（3） Illness or non work related injury within the prescribed medical treatment period;
（4） Female workers are in pregnancy, childbirth or lactation;
（5） Having worked continuously in the unit for at least 15 years and less than five years before the statutory retirement age;
（6） Other circumstances stipulated by laws and administrative regulations.
Article 43 The employing unit shall notify the trade union in advance of the reasons for unilaterally terminating the labor contract. If the employing unit violates the provisions of laws, administrative regulations or the labor contract, the trade union has the right to require the employing unit to rectify. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing.
Article 44 A labor contract shall be terminated under any of the following circumstances:
（1） The labor contract expires;
（2） Workers begin to enjoy basic old-age insurance benefits according to law;
（3） The worker dies or is declared dead or missing by a people's court;
（4） The employing unit is declared bankrupt according to law;
（5） The business license of the employer is revoked, the employer is ordered to close down, or the employer decides to dissolve in advance;
（6） Other circumstances stipulated by laws and administrative regulations.

Article 45 When a labor contract expires, in any of the circumstances specified in Article 42 of this Law, the labor contract shall be extended until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as stipulated in Item 2 of Article 42 of this Law shall be subject to the relevant provisions of the State on industrial injury insurance.
Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the worker:
（1） The worker terminates the labor contract in accordance with Article 38 of this Law;
（2） The Employer proposes to terminate the labor contract with the worker in accordance with Article 36 of this Law and reaches an agreement with the worker to terminate the labor contract;
（3） The employing unit terminates the labor contract in accordance with Article 40 of this Law;
（4） The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
（5） The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to renew the labor contract;
（6） The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;
（7） Other circumstances stipulated by laws and administrative regulations.
Article 47 Economic compensation shall be paid to workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.
If the monthly salary of a worker is higher than three times the average monthly salary of the employees in the region in the previous year published by the people's government of the municipality directly under the Central Government or a city divided into districts where the employer is located, the standard for paying economic compensation to the worker shall be three times the average monthly salary of the employees, and the maximum period of time for paying economic compensation to the worker shall not exceed 12 years.
The monthly wage referred to in this Article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.
Article 48 If the employing unit cancels or terminates the labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employing unit shall continue to perform the labor contract; If the laborer does not request to continue to perform the labor contract or the labor contract has been unable to continue to perform, the Employer shall pay compensation in accordance with Article 87 of this Law.
Article 49 The State shall take measures to establish and improve the system of trans regional transfer and succession of social insurance relations of workers.
Article 50 The employing unit shall issue a certificate for the dissolution or termination of the labor contract when it cancels or terminates the labor contract, and shall go through the formalities for the transfer of archives and social insurance relations for the workers within 15 days.
The worker shall handle the handover of work as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this Law, it shall do so when the handover of work is completed.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Chapter V Special Provisions
Section I Collective Agreement
Article 51 The staff and workers of an enterprise may, through equal consultation with the employing unit, conclude a collective contract on matters such as labour remuneration, working hours, rest and vacation, labour safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the staff and workers' congress or all the staff and workers for discussion and approval.
A collective contract shall be concluded between the trade union and the employing unit on behalf of the employees of the enterprise; For an employing unit that has not yet established a trade union, it shall be concluded with the employing unit by a representative elected by the workers under the guidance of the trade union at a higher level.
Article 52 The staff and workers of an enterprise may conclude special collective contracts with the employing unit on labor safety and health, protection of the rights and interests of female staff and workers, wage adjustment mechanism, etc.
Article 53 In areas below the county level, trade unions may conclude industrial collective contracts or regional collective contracts with representatives of enterprises in the construction, mining, catering and other industries.
Article 54 After a collective contract is concluded, it shall be submitted to the labour administrative department; If the labor administrative department does not raise any objection within 15 days from the date of receiving the text of the collective agreement, the collective agreement will become effective.
A collective contract concluded in accordance with the law is binding on the employing unit and workers. Industrial and regional collective agreements are binding on local employers and workers in their respective industries and regions.
Article 55 The standards of labor remuneration and working conditions in a collective contract shall not be lower than the minimum standards prescribed by the local people's government; The standards of labor remuneration and working conditions in the labor contract concluded between the employer and the employee shall not be lower than those stipulated in the collective contract.
Article 56 If an employing unit violates a collective contract and infringes upon the labour rights and interests of its staff and workers, the trade union may demand that the employing unit bear responsibility according to law; If a dispute arises from the performance of a collective agreement and cannot be resolved through consultation, the trade union may apply for arbitration or bring a lawsuit in accordance with the law.
Section II Labor Dispatch
Article 57 A labor dispatching unit shall be established in accordance with the relevant provisions of the Company Law, and its registered capital shall not be less than 500000 yuan.
Article 58 A labor dispatching unit is an employing unit as referred to in this Law, and shall perform the obligations of the employing unit to the workers. The labor contract concluded between the labor dispatch unit and the dispatched workers shall, in addition to the matters specified in Article 17 of this Law, specify the employing unit of the dispatched workers, the dispatch period, the job position, etc.
The labor dispatch unit shall conclude a fixed term labor contract with the dispatched workers for more than two years, and pay labor remuneration on a monthly basis; When the dispatched workers are out of work, the labor dispatch unit shall pay them monthly remuneration according to the minimum wage standard stipulated by the local people's government.
Article 59 When dispatching workers, a labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the accepting unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the duration of dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for breach of the agreement.
The employing unit shall determine the dispatch term with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment term into several short-term labor dispatch agreements.
Article 60 A labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement.
The labor dispatching unit shall not withhold the labor remuneration paid by the receiving unit to the dispatched workers in accordance with the labor dispatching agreement.
The labor dispatching unit and the receiving unit shall not charge fees from the dispatched workers.
Article 61 Where a labor dispatching unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be subject to the standards of the place where the accepting unit is located.
Article 62 The employing unit shall perform the following obligations:
（1） Implement national labor standards and provide corresponding working conditions and labor protection;
（2） Inform the dispatched workers of their work requirements and labor remuneration;
（3） Pay overtime pay and performance bonus, and provide post related welfare benefits;
（4） Provide necessary training for the on job dispatched workers;
（5） For continuous employment, a normal wage adjustment mechanism shall be implemented.
The employing unit shall not dispatch the dispatched workers to other employing units.
Article 63 Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit does not have workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions in the place where the employing unit is located.
Article 64 Dispatched workers shall have the right to participate in or organize trade unions in the labor dispatching unit or the receiving unit in accordance with the law to safeguard their legitimate rights and interests.
Article 65 The dispatched workers may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Article 36 and Article 38 of this Law.
If the dispatched workers fall under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law, the accepting unit may return the workers to the labor dispatching unit, and the labor dispatching unit may terminate the labor contract with the workers in accordance with the relevant provisions of this Law.
Article 66 Labor dispatch is generally implemented in temporary, auxiliary or alternative posts.
Article 67 An employing unit may not establish a labor dispatch unit to dispatch workers to its own unit or its subordinate units.
Section 3 Part time Employment
Article 68 The term "part-time employment" refers to the form of employment in which the remuneration is mainly calculated on an hourly basis, and the average daily working hours of workers in the same employing unit generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours.
Article 69 Both parties to part-time employment may conclude an oral agreement.
A worker engaged in part-time employment may conclude a labor contract with one or more employers; However, the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.
Article 70 The parties to part-time employment shall not agree on a probation period.
Article 71 Either party to part-time employment may notify the other party to terminate employment at any time. In case of termination of employment, the Employer will not pay economic compensation to the worker.
Article 72 The hourly wage rate for part-time employment shall not be lower than the minimum hourly wage rate set by the local people's government where the employing unit is located.
The maximum period for settlement and payment of labor remuneration for part-time employment shall not exceed 15 days.
Chapter VI Supervision and Inspection
Article 73 The labor administrative department of the State Council shall be responsible for the supervision and administration of the implementation of the national labor contract system.
The labor administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the implementation of the labor contract system within their respective administrative areas.
In the supervision and administration of the implementation of the labor contract system, the labor administrative departments of the people's governments at or above the county level shall listen to the opinions of the representatives of the trade unions, enterprises and the competent departments of the relevant industries.
Article 74 The labor administrative departments of the local people's governments at or above the county level shall, according to law, supervise and inspect the implementation of the labor contract system as follows:
（1） The rules and regulations formulated by the employer that directly involve the vital interests of workers and their implementation;
（2） The conclusion and dissolution of labor contracts between the employer and the employee;
（3） Compliance of labor dispatching units and accepting units with relevant provisions on labor dispatching;
（4） The employer's compliance with the state regulations on working hours, rest and vacation of workers;
（5） The employer pays the labor remuneration agreed in the labor contract and implements the minimum wage standard;
（6） The employer's participation in various social insurances and payment of social insurance premiums;
（7） Other labor supervision matters stipulated by laws and regulations.
Article 75 When conducting supervision and inspection, the labor administrative departments of the local people's governments at or above the county level have the right to consult materials related to labor contracts and collective contracts, and have the right to conduct on-the-spot inspections of workplaces. Both the employing units and workers should truthfully provide relevant information and materials.
When conducting supervision and inspection, the staff of the labor administrative department shall show their certificates, exercise their functions and powers according to law and enforce the law in a civilized manner.
Article 76 The competent departments in charge of construction, health and production safety of the people's governments at or above the county level shall, within the scope of their respective duties, supervise and administer the implementation of the labor contract system by the employing units.
Article 77 Where the legitimate rights and interests of labourers are infringed upon, they shall have the right to request the relevant departments to handle the matter according to law, or apply for arbitration or bring a lawsuit according to law.
Article 78 Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise the performance of labor contracts and collective contracts by the employing units. If the employing unit violates labor laws, regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or request correction; If a worker applies for arbitration or brings a lawsuit, the trade union shall provide support and assistance according to law.
Article 79 Any organization or individual shall have the right to report any act in violation of this Law. The labor administrative department of the people's government at or above the county level shall verify and deal with it in a timely manner, and reward those who have rendered meritorious service in reporting.
Chapter VII Legal Liabilities
Article 80 If the rules and regulations of the employing unit that directly involve the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If it causes damage to workers, it shall be liable for compensation.
Article 81 If the text of the labor contract provided by the employing unit does not contain the necessary provisions of the labor contract as prescribed by this Law, or the employing unit fails to deliver the text of the labor contract to the worker, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 82 Where an employing unit fails to conclude a written labor contract with a worker more than one month but less than one year from the date of employment, it shall pay twice the monthly wage to the worker.
If the Employer, in violation of the provisions of this Law, does not conclude an open-ended labor contract with the worker, it shall pay twice the salary to the worker every month from the date when the open-ended labor contract should be concluded.
Article 83 Where an employing unit violates the provisions of this Law to agree on a probation period with a worker, the labor administrative department shall order it to make corrections; If the illegally agreed probation period has been fulfilled, the employing unit shall pay compensation to the worker for the period that has been fulfilled beyond the statutory probation period, based on the worker's full salary during the probation period.

Article 84 Where an employing unit, in violation of the provisions of this Law, distrains a worker's resident identity card or other certificates, the labor administrative department shall order it to return the worker himself within a time limit and impose a penalty in accordance with relevant laws.
Where an employing unit, in violation of the provisions of this Law, collects money or things of value from a worker in the form of guaranty or in any other name, the labor administrative department shall order it to return the money or things of value to the worker itself within a time limit, and impose a fine of not less than 500 yuan but not more than 2000 yuan per person; If it causes damage to workers, it shall be liable for compensation.
If a worker cancels or terminates his labor contract according to law, and the employer distrains the worker's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 85 Where an employing unit is under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If it fails to do so within the time limit, the employer shall be ordered to pay an additional compensation to the worker at the rate of not less than 50 percent but not more than 100 percent of the amount payable:
（1） Failing to pay labourers labor remuneration in full and on time in accordance with the provisions of the labour contract or State regulations;
（2） Paying labourers wages below the local minimum wage standard;
（3） Arranging overtime without paying overtime pay;
（4） Cancellation or termination of the labor contract without paying economic compensation to the worker in accordance with this Law.
Article 86 If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law, causing damage to the other party, the party at fault shall be liable for compensation.
Article 87 Where an employing unit cancels or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation prescribed in Article 47 of this Law.
Article 88 The employing unit shall be given administrative punishment according to law if it is under any of the following circumstances:; If a crime is constituted, criminal responsibility shall be investigated according to law; If it causes damage to workers, it shall be liable for compensation:
（1） Forced labor by means of violence, threat or illegal restriction of personal freedom;
（2） Command in violation of regulations or force risky operations to endanger the personal safety of workers;
（3） Insulting, physically punishing, beating, illegally searching or detaining workers;
（4） Poor working conditions and serious environmental pollution cause serious damage to the physical and mental health of workers.
Article 89 If the employing unit fails to issue a written certificate of dissolution or termination of the labor contract to the worker in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or competition restrictions agreed in the labor contract, thereby causing losses to the employing unit, he shall be liable for compensation.
Article 91 Where an employing unit recruits labourers whose labour contracts with other employing units have not been dissolved or terminated, and causes losses to other employing units, it shall bear joint and several liability for compensation.
Article 92 Where a labor dispatch unit violates the provisions of this Law, the labor administrative department and other competent departments shall order it to make corrections; If the circumstances are serious, a fine of not less than 1000 yuan but not more than 5000 yuan per person shall be imposed, and the administrative department for industry and commerce shall revoke the business license; If damage is caused to dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
Article 93 An employing unit that does not have the legal business qualifications shall be investigated for legal responsibility for its illegal and criminal acts according to law; Where a worker has already worked, the unit or its investor shall pay the worker remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If it causes damage to workers, it shall be liable for compensation.
Article 94 Where an individual contract operator hires labourers in violation of the provisions of this Law and causes damage to labourers, the contract letting organization and the individual contract operator shall bear joint and several liability for compensation.
Article 95 Where the labor administrative department, other relevant competent departments and their staff members neglect their duties, fail to perform their statutory duties, or illegally exercise their functions and powers, thus causing damage to workers or the employing unit, they shall be liable for compensation; The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 96 Where there are otherwise provisions in laws, administrative regulations or the State Council concerning the conclusion, performance, change, dissolution or termination of labor contracts between institutions and their staff members who are engaged, such provisions shall prevail; In the absence of such provisions, the relevant provisions of this Law shall apply.
Article 97 A labor contract that has been concluded in accordance with the law before the implementation of this Law and that continues to exist on the date of the implementation of this Law shall continue to be performed; The number of consecutive fixed-term labor contracts stipulated in Item (3) of Paragraph 2 of Article 14 of this Law shall be counted from the time the fixed term labor contracts are subsequently concluded after the implementation of this Law.
If a labor relationship has been established before the implementation of this Law but no written labor contract has been concluded, it shall be concluded within one month from the date of implementation of this Law.
If a labor contract that survives on the date of implementation of this Law is dissolved or terminated after the implementation of this Law and economic compensation is payable according to Article 46 of this Law, the number of years for economic compensation shall be calculated from the date of implementation of this Law; Before the implementation of this Law, if the employing unit should pay economic compensation to the workers according to the relevant provisions at the time, the relevant provisions at the time shall prevail.
Article 98 This Law shall come into force as of January 1, 2008.