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Legal Notices

Article 1 This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and the laborers who have formed labor relations with them.

State organs, public institutions, social organizations and workers who have established labor contracts with them shall be governed by this Law.

Article 3 Laborers shall enjoy the right to equal employment and choice of occupation, the right to obtain labor remuneration, the right to rest and vacation, the right to obtain labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights stipulated by law.

Laborers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4 Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

Article 5 The state shall take various measures to promote employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Article 6 The state encourages laborers to participate in social voluntary labor, conducts labor competitions and rationalization suggestion activities, encourages and protects laborers to carry out scientific research, technological innovation and inventions, and commends and rewards model workers and advanced workers.

Article 7 Laborers have the right to join and organize trade unions according to law.

Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently in accordance with the law.

Article 8 Laborers shall, in accordance with the law, participate in democratic management or conduct equal consultations with employers on the protection of laborers' legitimate rights and interests through workers' congresses, workers' congresses or other forms.

Article 9 The labor administrative department of the State Council is in charge of labor work throughout the country.

Labor administrative departments of local people's governments at or above the county level are in charge of labor work within their respective administrative regions.

Article 10 The state creates employment conditions and expands employment opportunities by promoting economic and social development.

The state encourages enterprises, institutions, and social organizations to establish industries or expand operations within the scope prescribed by laws and administrative regulations to increase employment.

The state supports laborers to voluntarily organize themselves for employment and engage in self-employment to achieve employment.

Article 11 The local people's governments at various levels shall take measures to develop various types of employment agencies and provide employment services.

Article 12 Laborers shall not be discriminated against in employment because of differences in nationality, race, gender, or religious belief.

Article 13 Women enjoy equal employment rights with men. When recruiting employees, except for the types of work or posts that are not suitable for women as stipulated by the state, it is not allowed to refuse to recruit women or raise the recruitment standards for women on the grounds of gender.

Article 14 Where there are special provisions in laws and regulations regarding the employment of disabled persons, members of ethnic minorities, and servicemen who have retired from active service, those provisions shall prevail.

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

Arts, sports and special craft units recruiting minors under the age of 16 must abide by relevant state regulations and guarantee their right to receive compulsory education.

Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness, and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.

A labor contract is immediately legally binding when it is signed in accordance with the law, and the parties must perform the obligations stipulated in the labor contract.