Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system that is suitable for the socialist market economy, and promote economic development and social progress.
Article 2 This Law applies to enterprises, individual economic organizations (hereinafter 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 governed by this Law.
Article 3 Labourers shall have the right to equal employment and choice of occupation, the right to obtain labor remuneration, the right to rest and leave, the right to obtain labor safety and health protection, the right to receive vocational skill training, the right to enjoy social insurance and welfare, the right to apply for the settlement of labor disputes and other labor rights prescribed by law.
Labourers should complete their work tasks, improve their professional skills, implement labor safety and health regulations, and observe labor discipline and professional ethics.
Article 4 The employing unit shall establish and improve rules and regulations according to 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 workers.
Article 6 The State encourages labourers to participate in social voluntary labour, carry out labour competitions and rationalization proposals, encourage and protect their scientific research, technological innovation and invention and creation, and commend and reward model worker and exemplary individual.
Article 7 Labourers 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 Labourers shall, in accordance with the provisions of the law, participate in democratic management through the workers' congress, the workers' congress or other forms, or consult with the employing unit on an equal basis on the protection of the legitimate rights and interests of labourers.
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.
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 operations within the scope of laws and administrative regulations to increase employment.
The State supports workers to voluntarily organize for employment and engage in self-employment to achieve employment.
Article 11 Local people's governments at all levels shall take measures to develop various types of employment agencies and provide employment services.
Article 12 Labourers shall not be discriminated against in employment because of their different nationalities, races, sex and religious beliefs.
Article 13 Women enjoy equal employment rights with men. In the employment of employees, except for the types of work or positions that are not suitable for women as stipulated by the State, no one may refuse to employ women or raise the employment standards for women on the grounds of sex.
Article 14 Where there are special provisions in laws and regulations on the employment of disabled persons, persons of minority nationalities and soldiers discharged from active service, such provisions shall prevail.
Article 15 The employing unit is prohibited from recruiting minors under the age of 16.
When recruiting minors under the age of 16, literary, sports and special craft units must comply with the relevant provisions of the State and ensure their right to compulsory education.
Article 16 A labor contract is an agreement between a worker and an employing unit 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 legally binding when it is concluded according to law, and the parties must perform their obligations under the labor contract.