BIZCHINA / Labour
Labour Law of the People's Republic of China
Updated: 2006-05-08 11:15
Article 65 The employer shall carry out regular physical examinations for
underage workers.
Chapter 8 Professional Training
Article 66 The State shall promote the cause of professional training
through various channels and by various measures to develop the
professional skills of labourers, improve their quality, and strengthen
their employment and work abilities.
Article 67 Peoples governments at all levels shall include professional
training into their programmes for social and economic development, and
encourage and support enterprises, institutional organizations, social
groups, and individuals to carry out professional training in various
forms.
Article 68 The employer shall establish a system for professional
training, extract and use funds for professional training according to
State regulations, and provide labourers with professional training in a
planned way and according to its specific conditions.
Labourers to be engaged in technical work shall receive training before
taking up their posts.
Article 69 The State shall determine occupationsal classification, set up
professional skill standards for specific occupations, and practise a
system of professional qualification certificates. Examination and
appraisal organizations authorized by governments shall be charged to
carry out examination and appraisal of the professional skills of
labourers.
Chapter 9 Social Insurance and Welfare Treatment
Article 70 The State shall promote the development of the cause of social
insurance, establish a social insurance system, and set up social
insurance funds so that labourers can receive help and compensation when
they become old, suffer diseases or work-related injuries, lose their
jobs, and give birth.
Article 71 The level of social insurance shall be brought in line with
the level of social and economic development and social sustainability.
Article 72 The sources of social insurance funds shall be determined
according to the categories of insurance, and the practice of unified
accumulation of insurance funds shall be introduced. The employer and
individual labourers shall participate in social insurance in accordance
with law and pay social insurance costs.
Article 73 Labourers shall be entitled to social insurance treatment in
any one of the following cases:
(1) Retire;
(2) Suffer diseases or injuries;
(3) Become disabled during work or suffer occupational diseases;
(4) Become jobless;
(5) Give births.
The dependents of the labourer who dies shall enjoy, in accordance with
law, subsidies provided to these dependents.
The conditions and standards on the eligibility of labourers for social
insurance treatment shall be stipulated by laws and regulations.
The social insurance funds for labourers shall be paid in due time and in
full.
Article 74 Organizations charged with the task of handling social
insurance funds shall collect, keep and use social insurance funds in
accordance with stipulations in laws, and assume the responsibility to
guarantee and multiply the value of these funds.
Organizations charged to supervise social insurance funds shall supervise
in accordance with law stipulations, the collection, keeping and use of
social insurance funds.
The establishment and functioning of the organizations in the preceding
two clauses shall be specified by law.
No unit or individuals shall be allowed to use social insurance funds for
other purposes.
Article 75 The State encourages the employer to set up supplementary
insurance for labourers according to its practical conditions.
Article 76 The State shall promotes the development of the social welfare
cause, construct public welfare facilities, and provide conditions for
labourers to rest and recuperate and convalesce.
The employer shall create conditions to improve collective welfare and
provide labouerers with better welfare treatment.
Chapter 10 Labour Disputes
Article 77 In case of labour disputes between the employer and labourers,
the parties concerned can apply for mediation or arbitration, bring the
case to courts, or settle them through consultation.
The principle of mediation is applicable to arbitration and court
procedures.
Article 78 Labour disputes shall be settled according to the principle of
justice, fairness, and promptness so as to safeguard the legitimate
rights and interests of the parties involved in these disputes in
accordance with law.
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