Labor Contract Law of the People's Republic of China
Legal requirements for government departments and institutions, developers, contractors, and other organizations to establish labor relationships with workers.
Offers legal measures to improve the labor contract system, define the roles and responsibilities of all parties in a labor contract, protect the rights and interests of workers, and foster harmonious labor relations.
Developers and Contractors must:
- Establish and improve labor rules and regulations to ensure that workers enjoy labor rights and fulfill labor obligations.
- Discuss potential plans to devise or revise rules related to workers' interests — such as labor remuneration, working hours, rest times and vacation, occupational safety and health, insurance and welfare, training, labor discipline, and labor quota control — with workers.
- Consult trade unions or workers' representatives on an equal footing, before making decisions.
- Inform workers of job descriptions, working conditions, place(s) of work, occupational hazards, conditions for work safety, labor remuneration, and other important matters during recruitment.
Developers or Contractors and Workers must:
- Reach an agreement through consultation and sign copies of labor contracts in order for these contracts to become effective. Every contract must contain the following terms:
- Name, domicile, and legal representative or the principal leading person of the employing unit.
- Name, address, and the number of the resident identity card or other valid identity documents of the worker.
- Term of the labor contract.
- Job description and the place of work.
- Working hours, rest times, and vacation.
- Labor remuneration.
- Social insurance.
- Occupational protection, working conditions and protection against occupational hazards.
- Other terms that are legally required to be included in a labor contract.
- Consider contracts as invalid in any of the following situations:
- If contracts are concluded or modified by means of deception or coercion.
- If the company disclaims its statutory responsibility or denies workers their rights.
- If the contract does not align with the mandatory provisions of laws or administrative regulations.
Developers or Contractors and Workers could:
- Agree to other matters in a labor contract such as a probation period, training, confidentiality, supplementary insurance, and welfare benefits.
- Modify contracts after reaching an agreement through consultation.
- Revoke contracts if the parties reach a consensus through consultation.
Trade Unions must:
- Assist and guide workers in lawfully concluding labor contracts with companies.
- Work with companies to establish a collective consultation mechanism to safeguard workers' rights and interests.
- Refuse to perform hazardous operations if instructions violate rules and regulations.
- Report or file complaints against companies for unsafe working conditions.
- Have the labor contract revoked if companies violate relevant laws.
- Collectively negotiate a contract related to labor remuneration, working hours, rest and vacation, occupational safety and health, insurance, and welfare benefits.
- Apply to the local people’s court to produce orders for payment if companies default on payment or underpay workers.