中华人民共和国法律法规/劳动法

(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No.28 of the President of the People's Republic of China and effective as of January 1, 1995)

Article 2 This Law applies to all enterprises and individual economic organizations(hereinafter referred to as employing units) within the boundary of the People's Republic of China

and labourers who form a labour relationship therewith State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.

Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.

Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.

Article 7 Labourers shall have the right to participate in and organize trade unions in accordance with the law.

Trade unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.

Article 9 The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.

The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.

Article 10 The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.

The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulations of laws, and administrative rules and regulations.

The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.

Article 12 Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.

Article 14 Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized armymen, such special stipulations shall apply.

Article 15 No employing units shall be allowed to recruit juveniles under the age of 16.

Article 16 A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.

article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.

A labour contract once concluded in accordance with the law shall possess legal binding force.

Article 18 The following labour contracts shall be invalid:

An invalid labour contract shall have no legal binding force from the very beginning of its conclusion.

Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.

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

Article 19 A labour contract shall be concluded in written form and contain the following Clauses:

conditions for the termination of a labour contract;