The People's Republic of China Labor Law (2018 Amendment)

(Adopted at the eighth meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, amended for the first time in accordance with the Decision on Amending Some Laws adopted at the 10th meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and amended for the second time in accordance with the Decision on Amending Seven Laws including the the People's Republic of China Labor Law adopted at the 7th meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018)

Directory
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labor Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacation
Chapter V Wages
Chapter VI Labor Safety and Health
Chapter VII Special Protection for Female Workers and Juvenal Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labor Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Liability
Chapter XIII Supplementary Provisions

Chapter I General Provisions
Article 1 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, accordingConstitutionto enact this Act.
Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter collectively referred to as employing units) and workers who have formed labor relations with them within the territory of the People's Republic of China.
State organs, institutions, social organizations and workers who have established labor contract relations with them shall be implemented in accordance with this law.
Article 3 Labourers shall have the right to equal employment and choice of occupation, the right to remuneration for labor, the right to rest and vacation, the right to 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 and other labor rights stipulated by law.
Labourers shall complete labor tasks, improve their 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 adopts various measures to promote employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually raise the living standards of laborers.
Article 6 The State advocates the participation of labourers in social voluntary labor, the development of labor competitions and the activities of rationalization proposals, encourages and protects labourers in scientific research, technological innovation and invention and creation, and commends and rewards model workers and advanced workers.
Article 7 Laborers shall have the right to join and organize trade unions in accordance with the law.
Trade unions represent and safeguard the legitimate rights and interests of workers, and independently carry out activities in accordance with the law.
Article 8 Laborers shall, in accordance with the provisions of the law, participate in democratic management or consult on an equal footing with the employing unit on the protection of the legitimate rights and interests of laborers through the workers' assembly, the workers' congress or other forms.
Article 9 The labor administrative department of the State Council shall be in charge of labor work throughout the country.
The labor administrative departments of the local people's governments at or above the county level shall be in charge of the labor work within their respective administrative areas.

Chapter II Promotion of Employment
Article 10 The State shall create employment conditions and expand employment opportunities by promoting economic and social development.
The State encourages enterprises, institutions and social organizations to set up industries or expand their operations and increase employment within the scope prescribed by laws and administrative regulations.
The State supports the voluntary organization of workers for employment and self-employed businesses to achieve employment.
Article 11 Local people's governments at various levels shall take measures to develop various types of job introduction agencies and provide employment services.
Article 12 Labourers shall not be discriminated against in employment on the basis of their nationality, race, sex or religious belief.
Article 13 Women shall enjoy equal employment rights with men. When hiring employees, except for the types of work or positions that are not suitable for women as stipulated by the state, they shall not refuse to hire women or raise the employment standards for women on the grounds of gender.
Article 14 Where there are special provisions in laws and regulations on the employment of disabled persons, personnel of ethnic minorities and military personnel retired from active service, such provisions shall apply.
Article 15 It is prohibited for an employing unit to recruit minors under the age of 16.
When recruiting minors under the age of 16, literary and art, sports and special craft units must abide by the relevant provisions of the State and guarantee their right to receive compulsory education.

Chapter III Labor Contracts and Collective Contracts
Article 16 A labor contract is an agreement between a worker and an employing unit to establish labor relations and clarify the rights and obligations of both parties.
A labor contract shall be concluded for the establishment of labor relations.
Article 17 The conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations.
A labor contract shall be legally binding immediately when it is concluded in accordance with the law, and the parties concerned must perform their obligations under the labor contract.
Article 18 The following labor contracts shall be invalid:
(I) labor contracts in violation of laws and administrative regulations;
(II) labor contracts concluded by means of fraud, threat, etc.
An invalid labor contract is not legally binding from the time it is concluded. If a part of the labor contract is confirmed to be invalid, the remaining part is still valid if it does not affect the validity of the remaining part.
The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.
Article 19 A labor contract shall be concluded in written form and contain the following clauses:
(I) the term of the labor contract;
(II) work content;
(III) labor protection and working conditions;
(IV) labor remuneration;
(V) labor discipline;
(VI) the conditions for termination of the labor contract;
(VII) liability for breach of 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 is divided into a fixed term, an indefinite term and a term based on the completion of a certain amount of work.
If the laborer has worked in the same employer for more than ten consecutive years, and both parties agree to extend the labor contract, if the laborer proposes to conclude a labor contract with no fixed term, a labor contract with no fixed term shall be concluded.
Article 21 A labor contract may stipulate a probation period. The longest probation period shall not exceed six months.
Article 22 The parties to a labor contract may stipulate in the labor contract matters relating to keeping the business secrets of the employing unit.
Article 23 A labor contract shall terminate upon the expiration of its term or the appearance of the conditions for its termination as agreed upon by the parties.
Article 24 A labor contract may be rescinded if the parties to the contract reach a consensus through consultation.
Article 25 The employing unit may rescind a labor contract under any of the following circumstances:
The (I) is proved not to meet the employment conditions during the probation period;
(II) serious violation of labor discipline or the rules and regulations of the employing unit;
(III) serious dereliction of duty, engage in malpractice for selfish ends, and cause great damage to the interests of the employing unit;
(IV) be investigated for criminal responsibility according to law.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the laborer in writing 30 days in advance:
If a (I) worker falls ill or is not injured at work, and after the expiration of his medical treatment period, he cannot take up his original job or work assigned to him by the employing unit;
(II) labourers are incompetent for the job and are still incompetent for the job after training or job adjustment;
(III) the objective circumstances on which the labor contract was concluded have changed significantly, the original labor contract cannot be performed, and the parties cannot reach an agreement on the modification of the labor contract after consultation.
Article 27 During the period of statutory rectification on the verge of bankruptcy or during the period of serious difficulties in production and operation, if it is really necessary to reduce the number of personnel, the employing unit shall explain the situation to the trade union or all the staff and workers 30 days in advance, listen to the opinions of the trade union or the staff and workers, and after reporting to the labor administrative department, the number of personnel may be reduced.
If the employing unit reduces personnel in accordance with the provisions of this article and recruits personnel within six months, it shall give priority to the personnel who have been reduced.
Article 28 Where an employing unit terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.
Article 29 Where a laborer is under any of the following circumstances, the employing unit shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:
(I) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(II) sick or injured, within the prescribed period of medical treatment;
(III) female workers during pregnancy, childbirth or lactation;
Other circumstances as prescribed by (IV) laws and administrative regulations.
Article 30 If the labor union considers it inappropriate for the employer to terminate the labor contract, it shall have the right to put forward its opinions. If the employer violates laws, regulations or labor contracts, the trade union has the right to request reprocessing; if the laborer applies for arbitration or files a lawsuit, the trade union shall provide support and assistance in accordance with the law.
Article 31 A labourer who terminates a labor contract shall notify the employing unit in writing 30 days in advance.
Article 32 Under any of the following circumstances, a laborer may notify the employing unit to terminate the labor contract at any time:
(I) within the probation period;
(II) the employer to force labor by means of violence, threat or illegal restriction of personal freedom;
(III) employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.
Article 33 The staff and workers of an enterprise may conclude a collective contract with the enterprise on such matters as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the staff and workers' congress or to all the staff and workers for discussion and adoption.
Collective contracts shall be concluded by trade unions on behalf of the employees and the enterprises; in enterprises where no trade unions have been established, they shall be concluded by representatives elected by the employees and the enterprises.
Article 34 A collective contract shall be submitted to the labor administrative department after its conclusion; if the labor administrative department does not raise any objection within 15 days from the date of receipt of the text of the collective contract, the collective contract shall enter into force.
Article 35 A collective contract signed in accordance with the law shall be binding on the enterprise and all the staff and workers of the enterprise. The standards of labor conditions and labor remuneration in the labor contract concluded between individual employees and the enterprise shall not be lower than those stipulated in the collective contract.

Chapter IV Working Hours, Rest and Vacation
Article 36 The State shall implement a working hour system whereby labourers shall work no more than eight hours a day and no more than 44 hours a week on average.
Article 37 For workers who work on a piece-rate basis, the employing unit shall reasonably determine their labor quotas and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.
Article 38 The employing unit shall ensure that labourers have at least one day's rest per week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest methods with the approval of the labor administrative department.
Article 40 The employing unit shall, in accordance with the law, arrange holidays for workers during the following festivals:
(I) New Year's Day;
(II) Spring Festival;
(III) International Labor Day;
(IV) National Day;
Other holidays stipulated by (V) laws and regulations.
Article 41 Due to the needs of production and operation, the employing unit may, after consultation with the trade union and the workers, extend the working hours, which shall not exceed one hour per day in general; if the working hours need to be extended due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the workers, but shall not exceed 36 hours per month.
Article 42 The extension of working hours shall not be subject to the restrictions provided in Article 41 of this Law under any of the following circumstances:
(I) the occurrence of natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and require urgent treatment;
(II) production equipment, transportation lines, public facilities break down, affecting production and public interests, must be repaired in a timely manner;
Other circumstances as prescribed by (III) laws and administrative regulations.
Article 43 The employing unit shall not extend the working hours of laborers in violation of the provisions of this Law.
Article 44 Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the laborer during normal working hours according to the following standards:
If the (I) arranges for workers to extend their working hours, they shall be paid wages not less than 105% ten of their wages;
If a worker is arranged to work on a (II) rest day and cannot be arranged for compensatory time off, he shall be paid wages not less than 200% of his salary;
If a worker is assigned to work (III) a statutory holiday, he shall be paid not less than 300% of his wages.
Article 45 The State shall implement a system of annual leave with pay.
Labourers who have worked continuously for more than one year shall enjoy paid annual leave. Specific measures shall be formulated by the State Council.

Chapter V Wages
Article 46 The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.
The wage level is gradually raised on the basis of economic development. The State exercises macro-control over total wages.
Article 47 The employing unit shall, in accordance with the law, independently determine the mode of wage distribution and the level of wages in its own unit in accordance with the characteristics of its production and operation and its economic benefits.
Article 48 The State shall practice a system of guaranteed minimum wages. The specific standards for minimum wages shall be set by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The wages paid by the employer to the workers shall not be lower than the local minimum wage standard.
Article 49 The determination and adjustment of the minimum wage standard shall comprehensively refer to the following factors:
(I) the minimum living expenses of the laborer himself and the average supporting population;
(II) the average social wage level;
(III) labor productivity;
(IV) employment status;
(V) differences in the level of economic development between regions.
Article 50 Wages shall be paid monthly to labourers themselves in the form of currency. The wages of laborers shall not be deducted or defaulted without reason.
Article 51 The employing unit shall pay the wages of workers in accordance with the law during the statutory holidays, marriage and bereavement leave and during their participation in social activities in accordance with the law.

Chapter VI Labor Safety and Health
Article 52 The employing unit must establish and improve the system of occupational safety and health, strictly implement the rules and standards of the State on occupational safety and health, educate its workers on occupational safety and health, prevent accidents in the process of work and reduce occupational hazards.
Article 53 Facilities for occupational safety and health must meet the standards set by the State.
The labor safety and health facilities of new construction, reconstruction and expansion projects must be designed, constructed and put into production and use at the same time as the main project.
Article 54 The employing unit must provide laborers with occupational safety and health conditions and necessary labor protection articles that conform to the provisions of the State, and shall conduct regular health examinations of laborers engaged in operations involving occupational hazards.
Article 55 Labourers engaged in special operations must undergo special training and obtain qualifications for special operations.
Article 56 Labourers must strictly abide by rules on safe operation in the process of their work.
Labourers have the right to refuse to perform operations in violation of rules and regulations directed by the management personnel of the employing unit or forced to perform risky operations; they have the right to criticize, report and file charges against acts endangering the safety of life and health.
Article 57 The State shall establish a system for the statistical reporting and handling of casualty accidents and occupational diseases. The labor administrative departments of the people's governments at or above the county level, the relevant departments and the employing units shall, in accordance with the law, make statistics, reports and deal with the casualties and occupational diseases of the workers that occur in the process of their work.

Chapter VII Special Protection for Female Workers and Juvenal Workers
Article 58 The State shall implement special labor protection for female workers and juvenile workers.
A minor worker is a worker who has reached the age of 16 but has not reached the age of 18.
Article 59 It is forbidden to arrange female workers to engage in work underground in mines, work with Grade IV physical labor intensity as stipulated by the State, or other work that is forbidden to engage in.
Article 60 Female workers shall not be arranged to engage in high-altitude, low-temperature, cold-water work during their menstrual period and work with Grade III physical labor intensity as prescribed by the State.
Article 61 Female workers shall not be arranged to engage in labor with Grade III physical labor intensity as stipulated by the State during pregnancy and labor that is contraindicated during pregnancy. Female workers who are pregnant for more than seven months shall not be arranged to extend their working hours and work night shifts.
Article 62 Female workers shall enjoy maternity leave of not less than 90 days.
Article 63 Female workers shall not be arranged to engage in labor with Grade III physical labor intensity as stipulated by the State during the period of breastfeeding an infant under one year of age, or other labor that is contraindicated during the breastfeeding period, nor shall they be arranged to extend their working hours or work night shifts.
Article 64 No juvenile workers shall be arranged to engage in underground mines, toxic and harmful, work with Grade IV physical labor intensity as stipulated by the State, or other work that is taboo.
Article 65 The employing unit shall conduct regular health examinations for its juvenile workers.

Chapter VIII Vocational Training
Article 66 The State shall, through various channels, take various measures to develop vocational training, develop the vocational skills of labourers, improve their quality and enhance their employability and working ability.
Article 67 People's governments at all levels shall incorporate the development of vocational training into their social and economic development plans, and encourage and support enterprises, institutions, social organizations and individuals with the necessary conditions to conduct various forms of vocational training.
Article 68 The employing unit shall establish a vocational training system, withdraw and use vocational training funds in accordance with the provisions of the State, and conduct vocational training for workers in a planned way in accordance with the actual situation of the unit.
Workers engaged in technical work must receive training before taking up their posts.
Article 69 The State shall determine the classification of occupations, formulate vocational skill standards for the prescribed occupations, implement a system of vocational qualification certificates, and the examination and appraisal institutions that have been put on record shall be responsible for the examination and appraisal of the vocational skills of workers.

Chapter IX Social Insurance and Welfare
Article 70 The State shall develop social insurance undertakings, establish a social insurance system and establish social insurance funds to enable labourers to receive assistance and compensation in the event of old age, illness, work-related injury, unemployment and childbirth.
Article 71 The level of social insurance shall be commensurate with the level of social and economic development and the social affordability.
Article 72 The social insurance fund shall determine the source of funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.
Article 73 Laborers shall enjoy social insurance benefits under the following circumstances:
(I) retirement;
(II) illness or injury;
(III) due to work-related disability or occupational disease;
(IV) unemployment;
(V) birth.
After the death of a labourer, his or her survivors shall be entitled to a survivor's allowance in accordance with the law.
The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.
The social insurance benefits enjoyed by workers must be paid in full and on time.
Article 74 Social insurance fund agencies shall, in accordance with the provisions of the law, manage and operate social insurance funds, and shall be responsible for maintaining and increasing the value of social insurance funds.
The social insurance fund supervision institution shall, in accordance with the provisions of the law, supervise the income and expenditure, management and operation of the social insurance fund.
The establishment and functions of social insurance fund handling agencies and social insurance fund supervision agencies shall be prescribed by law.
No organization or individual may misappropriate social insurance funds.
Article 75 The State encourages the employing unit to establish supplementary insurance for its workers in accordance with the actual situation of the unit.
The State advocates individual workers to carry out savings insurance.
Article 76 The State shall develop social welfare undertakings and build public welfare facilities to provide labourers with conditions for rest, recuperation and recuperation.
The employing unit shall create conditions to improve the collective welfare and enhance the welfare treatment of the laborers.

Chapter X Labor Disputes
Article 77 In the event of a labor dispute between the employing unit and the laborer, the parties concerned may apply for mediation, arbitration or bring a lawsuit in accordance with the law, or may resolve it through consultation.
The principle of mediation applies to arbitration and litigation proceedings.
Article 78 The settlement of a labor dispute shall be based on the principles of legality, fairness and timeliness, and the legitimate rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the law.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests arbitration, it may apply to the labor dispute arbitration committee for arbitration. A party may also directly apply to the labor dispute arbitration committee for arbitration. If you are not satisfied with the arbitral award, you may bring a suit in a people's court.
Article 80 A labor dispute mediation committee may be established within the employing unit. The labor dispute mediation 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 labor dispute mediation committee shall be a representative of the trade union.
If an agreement is reached on a labor dispute through mediation, the parties shall perform it.
Article 81 A labor dispute arbitration committee shall be composed of representatives of the labor administrative department, representatives of the trade union at the same level, and representatives of the employing unit. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department.
Article 82 The party requesting for arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within sixty days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.
Article 83 If the parties to a labor dispute are not satisfied with the arbitral award, they may bring a suit in a people's court within 15 days from the date of receipt of the arbitral award. If one party neither sues nor performs the arbitral award within the statutory time limit, the other party may apply to the people's court for enforcement.
Article 84 If a dispute arises from the conclusion of a collective contract and the parties fail to resolve it through consultation, the labor administrative department of the local people's government may organize the parties concerned to coordinate the settlement.
If a dispute arises from the performance of a collective contract and the parties fail to resolve it through consultation, they may apply to the labor dispute arbitration committee for arbitration; if they are not satisfied with the arbitral award, they may bring a suit in a people's court within 15 days from the date of receipt of the arbitral award.

Chapter XI Supervision and Inspection
Article 85 The labor administrative departments of the people's governments at or above the county level shall, in accordance with law, supervise and inspect the implementation of laws, rules and regulations on labor by the employing units, and shall have the power to stop any acts in violation of laws, rules and regulations on labor and order the rectification thereof.
Article 86 The supervisors and inspectors of the labor administrative departments of the people's governments at or above the county level shall, in the performance of their official duties, have the right to enter the employing unit to learn about the implementation of labor laws and regulations, consult necessary information and inspect labor sites.
The supervisors and inspectors of the labor administrative departments of the people's governments at or above the county level must, in performing their official duties, produce their certificates, enforce the law impartially and abide by the relevant provisions.
Article 87 The relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, supervise the implementation of laws, rules and regulations on labor by the employing units.
Article 88 Trade unions at all levels shall safeguard the legitimate rights and interests of laborers in accordance with the law, and supervise the employers' compliance with labor laws and regulations.
Any organization or individual shall have the right to report and accuse any violation of labor laws and regulations.

Chapter XII Legal Liability
Article 89 If the labor rules and regulations formulated by the employing unit violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections; if any damage is caused to the laborers, it shall be liable for compensation.
Article 90 Where an employing unit, in violation of the provisions of this Law, extends the working hours of laborers, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
Article 91 Where an employing unit infringes upon the legitimate rights and interests of laborers in any of the following circumstances, the labor administrative department shall order it to pay the laborer's wages and remuneration and economic compensation, and may order it to pay compensation:
(I) withholding or defaulting on the wages of laborers without reason;
The (II) refuses to pay the laborer wages for extended working hours;
(III) lower than the local minimum wage standard to pay wages to workers;
After the (IV) terminates the labor contract, it fails to give the laborer economic compensation in accordance with the provisions of this law.
Article 92 If the labor safety facilities and labor hygiene conditions of the employing unit do not conform to the provisions of the State or fail to provide the necessary labor protection articles and labor protection facilities to the workers, the labor administrative department or the relevant departments shall order the correction and may impose a fine; if the circumstances are serious, the people's government at or above the county level shall be submitted to decide to order the suspension of production for rectification; if no measures are taken against the hidden dangers of the accident, resulting in a serious accident, resulting in a serious accident, in accordance with the responsible personnelCriminal LawThe relevant provisions of the investigation of criminal responsibility.
Article 93 Where an employing unit forces its workers to operate in violation of rules and regulations and take risks, resulting in a major casualty accident, resulting in serious consequences, the persons responsible shall be investigated for criminal responsibility in accordance with the law.
Article 94 Where an employing unit illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; if the circumstances are serious, the market supervision and administration department shall revoke its business license.
Article 95 Where an employing unit infringes upon the lawful rights and interests of female and juvenile workers in violation of the provisions of this Law on their protection, the labor administrative department shall order it to make corrections and impose a fine; if it causes damage to female or juvenile workers, it shall be liable for compensation.
Article 96 If an employing unit commits any of the following acts, the public security organ shall impose on the person responsible a detention of not more than 15 days, a fine or a warning; if a crime is constituted, the person responsible shall be investigated for criminal responsibility according to law:
(I) forced labor by means of violence, threat or illegal restriction of personal freedom;
(II) insult, corporal punishment, beating, illegal search and detention of laborers.
Article 97 If an invalid contract concluded for reasons attributable to the employer causes damage to the worker, the employer shall be liable for compensation.
Article 98 Where an employing unit rescinds a labor contract or intentionally delays the conclusion of a labor contract in violation of the conditions stipulated in this Law, the labor administrative department shall order it to make corrections; where damage has been caused to workers, it shall be liable for compensation.
Article 99 Where an employing unit recruits laborers whose labor contracts have not yet been terminated and causes economic losses to the original employing unit, the employing unit shall bear joint and several liability for compensation in accordance with the law.
Article 100 If an employing unit fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; if it fails to pay within the time limit, a late fee may be charged.
Article 101 Where an employing unit unreasonably obstructs the labor administrative department, the relevant department and its staff from exercising the power of supervision and inspection, or retaliates against the informers, the labor administrative department or the relevant department shall impose a fine; if a crime is constituted, the responsible person shall be investigated for criminal responsibility according to law.
Article 102 A laborer who terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidential matters stipulated in the labor contract, thus causing economic losses to the employing unit, shall be liable for compensation in accordance with the law.
Article 103 If a staff member of the labor administrative department or a relevant department abuses his power, neglects his duty, or engages in malpractices for personal gain, if the case constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be given administrative sanctions.
Article 104 Where a State functionary or a functionary of a social insurance fund agency misappropriates a social insurance fund and constitutes a crime, he shall be investigated for criminal responsibility according to law.
Article 105 Where the lawful rights and interests of labourers are infringed upon in violation of the provisions of this Law, and other laws and administrative regulations have already provided for penalties, they shall be punished in accordance with the provisions of such laws and administrative regulations.

Chapter XIII Supplementary Provisions
Article 106 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with this Law and the actual conditions of their respective regions, prescribe the procedures for the implementation of the labor contract system and report them to the State Council for the record.
Article 107 This Law shall enter into force as of January 1, 1995.