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Labor Law 12 China

Labor Law of the People's Republic of China

Article 93 Where an employing unit forces labourers to operate with risks in violation of the rules and regulations, causing thus major accident of injuries and deaths, and serious consequences, criminal responsibilities of the person in charge shall be investigated according to law.

Article 94 Where an employing unit illegally recruits juveniles under the age of 16, the labour administrative department shall order it to make corrections, and impose a fine. If circumstances are serious, the administrative department for industry and commerce shall revoke its business license.

Article 95 Where an employing unit encroaches upon the legitimate rights and interests of female and juvenile workers in violation of the stipulations of this Law on their protection, the labour administrative department shall order it to make corrections, and impose a fine. If harms to female and juvenile workers have been caused, the unit shall assume the responsibility for compensations.

Article 96 Where an employing unit commits one of the following acts, the person in charge shall be taken by a public security organ into custody for 15 days or less, or fined, given a warning; and criminal responsibilities shall be investigated against the person in charge according to law if the act constitutes a crime;

to force labourers to work by resorting to violence, intimidation or illegal restriction of personal freedom; or 
humiliating, giving corporal punishment, bating illegally searching or detaining labourers. 
Article 97 The employing unit shall bear the responsibility for compensation if the conclusion of any invalid contracts is attributed to the unit and have caused damages to labourers.

Article 98 The employing unit that revokes labour contracts or purposely delays the conclusion of labour contracts in violation of the conditions specified in this Law shall be ordered by the labour administrative department to make corrections and shall bear the responsibility for compensation if damaged have been caused to labourers.

Article 99 The employing unit that recruits labourers whose labour contracts have not yet been revoked shall, according to law, assume joint responsibility for compensation if economic losses have been caused to the original employing unit of the labourers.

Article 100 The employing unit that fails to pay social insurance premium without reason shall be ordered by the labour administrative department to pay within fixed period of time. If the unit still fails to make the payment beyond the time limit, an additional arrears payment may be demanded.

Article 101 Where an employing unit unjustifiably obstructs the labour administrative department and other relevant departments as well as their functionaries from exercising the powers of supervision and inspection or retaliates informers, the labour administration department or other relevant departments shall impose fines upon the unit. If a crime is constituted, the person in charge shall be investigated for criminal responsibilities according to law.

Article 102 Labourers who revoke labour contracts in violation of the conditions specified in this Law or violate terms on secret-keeping matters agreed upon the labour contracts and thus caused economic losses to the employing unit shall be liable for compensation in accordance with the law.

Article 103 The functionaries of the labour administrative department or other relevant departments who abuse their functions and powers, neglect their duties, and engage in malpractices for selfish ends, shall be investigated for criminal responsibilities according to law if a crime is constituted, or shall be given an administrative sanction if the offences do not yet constitute a crime.

Article 104 The functionaries of the State or the agencies in charge of social insurance funds who misappropriate the social insurance funds, shall be investigated for criminal responsibilities according to law if a crime is constituted.

Article 105 Where other laws or administrative rules and regulations have already specified punishments for the encroachment of the legitimate rights and interests of labourers that also violate the stipulations of this Law, punishments shall be given in accordance with the stipulations of those laws or administrative rules and regulations.

Chapter XII Supplementary Provisions
Article 106 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall work out the implementing measures for the labour contract system according to this Law and in light of their local conditions, and report the measures to the State Council for the record.

Article 107 This Law shall become effective as of January 1, 1995.

Modern China Labor Law 2nd Page

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