State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law. Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.
Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics. Article 4 The employing unit shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and perform their labor obligations. Article 5 The state adopts various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers. Article 6 The state encourages laborers to take part in social voluntary labor, carry out labor competitions and make reasonable suggestions, encourage and protect laborers to carry out scientific research, technological innovation and inventions, and commend and reward 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 according to law. Article 8 Laborers shall participate in democratic management in accordance with the law or hold equal consultations with employers on safeguarding the legitimate rights and interests of workers through staff meetings, staff congresses or other forms. Article 9 The labor administrative department of the State Council is in charge of national labor work.
The labor administrative departments of local people's governments at or above the county level shall be in charge of labor work within their respective administrative areas. Chapter II Promotion of Employment 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 set up industries or expand their operations within the scope prescribed by laws and administrative regulations to increase employment.
The state supports laborers to organize themselves voluntarily for employment and engage in self-employment to achieve employment. Eleventh local people's governments at all levels should take measures to develop various kinds of employment agencies and provide employment services. Article 12 Laborers are not discriminated against by nationality, race, sex and religious belief. Article 13 Women enjoy equal employment rights with men. When hiring employees, except for jobs or posts that are not suitable for women as stipulated by the state, women shall not be refused employment or the employment standards for women shall be raised on the grounds of gender. Article 14 Where laws and regulations have special provisions on the employment of disabled persons, ethnic minority personnel and servicemen discharged from active service, those provisions shall prevail. Article 15 Employers are prohibited from recruiting minors under the age of 16.
When recruiting minors under the age of 16, literary, artistic, sports and special arts and crafts units must abide by the relevant provisions of the state and guarantee their right to receive compulsory education. Chapter III Labor Contract and Collective Contract Article 16 A labor contract is an agreement between a laborer and an employer to establish labor relations and clarify the rights and obligations of both parties.
To establish labor relations, a labor contract shall be concluded. 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.
After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract. Article 18 The following labor contracts are invalid:
(1) Labor contracts that violate laws and administrative regulations;
(2) Labor contracts concluded by fraud or threat.
An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court. Article 19 A labor contract shall be concluded in written form and contain the following clauses:
(a) the term of the labor contract;
(2) Work content;
(3) Labor protection and working conditions;
(4) Labor remuneration;
(5) labor discipline;
(6) Conditions for the termination of the labor contract;
(seven) the responsibility for violating the labor contract.
In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation. Article 20 The term of a labor contract can be divided into fixed term, non-fixed term and completion of certain work as the term.
If the employee has worked in the same employer continuously for more than ten years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract. Article 21 A labor contract may stipulate a probation period. The probation period is no longer than six months.