Thursday, December 20, 2007

Chinese Online Class - Provisions on the Labor Administration of the Enterprises of Foreign

Investment

BIZCHINA / Labour

Provisions on the Labor Administration of the Enterprises of Foreign
Investment

Updated: 2006-05-08 11:12

Article 79 Where a labor dispute takes place, the parties involved may
apply to the labor dispute mediation committee of their unit for
mediation; if the mediation fails and one of the parties requests for
arbitration, that party may apply to the labor dispute arbitration
committee for arbitration. Either party may also directly apply to the
labor dispute arbitration committee for arbitration. If one of the
parties is not satisfied with the adjudication of arbitration, the party
may bring the case to a people's court.

Article 80 A labor dispute mediation committee may be established inside
the employing unit. The committee shall be composed of representatives of
the staff and workers, representatives of the employing unit, and
representatives of the trade union. The chairman of the committee shall
be held by a representative of the trade union.
Agreements reached on labor disputes through mediation shall be
implemented by the parties involved.

Article 81 A labor dispute arbitration committee shall be composed of
representatives of the labor administrative department, representatives
from the trade union at the corresponding level, and representatives of
the employing unit. The chairman of the committee shall be held by a
representative of the labor administrative department.

Article 82 The party that requests for arbitration shall file a written
application to a labor dispute arbitration committee within 60 days
starting from the date of the occurrence of a labor dispute. The
arbitration committee may generally make an adjudication within 60 days
from the date of receiving the application. The parties involved must
implement the adjudication if no objections are raised.

Article 83 Where a party involved in a labor dispute is not satisfied
with the adjudication, the party may bring a lawsuit to a people's court
within 15 days from the date of receiving the ruling of arbitration.
Where one of the parties involved neither brings a lawsuit nor implements
the adjudication of arbitration within the statutory time limit, the
other party may apply to a people's court for compulsory implementation.

Article 84 Where a dispute arises from the conclusion of a collective
contract and no settlement can be reached through consultation by the
parties concerned, the labor administrative department of the local
people's government may organize the relevant departments to handle the
case in coordination.
8/11
Where a dispute arises from the implementation of a collective contract
and no settlement can be reached through consultation by the parties
concerned, the dispute may be submitted to the labor dispute arbitration
committee for arbitration. Any party that is not satisfied with the
adjudication of arbitration may bring a lawsuit to a people's court
within 15 days from the date of receiving the adjudication.
Chapter XI Supervision and Inspection

Article 85 The labor administrative departments of people's governments
at or above the county level shall, in accordance with the law, supervise
and inspect the implementation of laws, rules and regulations on labor by
the employing unit, and have the power to stop any acts that run counter
to laws, rules and regulations on labor and order the rectification
thereof.

Article 86 The inspectors from the labor administrative departments of
people's governments at or above the county level shall, while performing
their public duties, have the right to enter the employing units to make
investigations about the implementation of laws, rules and regulations on
labor, examine necessary data and inspect labor sites.
The inspectors from the labor administrative departments of people's
governments at or above the county level must show their certifications
while performing public duties, impartially enforce laws, and abide by
relevant stipulations.

Article 87 Relevant departments of people's governments at or above the
county level shall, within the scope of their respective duties and
responsibilities, supervise the implementation of laws, rules and
regulations on labor by the employing units.

Article 88 Trade unions at various levels shall, in accordance with the
law, safeguard the legitimate rights and interests of laborers, and
supervise the implementation of laws, rules and regulations on labor by
the employing units.
Any organizations or individuals shall have the right to expose and
accuse any acts in violation of laws, rules and regulations on labor.
Chapter XII Legal Responsibility

Article 89 Where the rules and regulations on labor formulated by the
employing unit run counter to the provisions of laws, rules and
regulations, the labor administrative department shall give a warning to
the unit, order it to make corrections; where any harms have been caused
to laborers, the unit shall be liable for compensations.

Article 90 Where the employing unit extends working hours of laborers in
violation of the stipulations of this Law, the labor administrative
department shall give it a warning, order it to make corrections, and may
impose a fine.

Article 91 Where an employing unit infringes in any of the following ways
the legitimate rights and interests of laborers, the labor administrative
department shall order it to pay laborers remuneration or to make up for
economic losses, and may also order it to pay compensations:
(1) to deduct wages or delay in paying wages to laborers without reason;
(2) to refuse to pay laborers remuneration for the extended working hours;
(3) to pay laborers wages below the local standard on minimum wages; or
(4) to fail to provide laborers with economic compensations in accordance
with the provisions of this Law after revocation of labor contracts.

Article 92 Where the occupational safety facilities and health conditions
of an employing unit do not comply with the provisions of the State or
the unit fails to provide laborers with necessary labor protection
articles and labor protection facilities the labor administrative
department or other relevant departments shall order it to make
corrections, and may impose a fine. If circumstances are serious, the
above-said departments shall apply to a people's government at or above
the county level for a decision to order the unit to stop production for
consolidation. If the unit fails to take measures against potential
accident which later leads to the occurrence of a serious accident and
the losses of laborers' lives and properties, criminal responsibilities
shall be investigated against the persons in charge mutatis mutandis the
stipulations of Article 187 of the Criminal Law. 9/11

Article 93 Where an employing unit forces laborers 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 labor 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 labor 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, or given a warning; and criminal
responsibilities shall be investigated against the person in charge
according to law if the act constitutes a crime:
(1) to force laborers to work by resorting to violence, intimidation or
illegal restriction of personal freedom; or
(2) humiliating, giving corporal punishment, beating, illegally searching
or detaining laborers.

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