Employment Laws in China

The Labor Law of the People's Republic of China came into force on Jan. 1, 1995. The legislation dictates the relationship between Chinese employers and employees. While local governments may implement measures specific to their locality, if any of these measures contradict the overall Labor Law, they are considered void.

Basic RIghts

• Workers in China have the legal right to choose their own occupations, obtain employment on an equal basis and receive payment for the work that they do. They may also apply to settle labor disputes, take rests and holidays and receive skills, safety and sanitation training, welfare treatment and social insurance.

Women and Minors

• Chinese employers are forbidden from hiring people who are younger than 16. Workers between ages 16 and 18 should not be hired to undertake physically demanding or dangerous work. The Labor Law states that mothers who have given birth must be allowed up to 90 days of maternity leave.

Trade Unions

• Under Article 7 of the Labor Law, workers have the right to organize and participate in trade unions in their workplace. Trade unions must attempt to safeguard the legitimate interests and rights of the workers they represent.

Contract

• An employer must draft a written labor contract that outlines the employer-employee relationship in accordance with the principles of voluntariness, equality and mutual consent. Typical contracts will include a job description, duration period, conditions to be expected while working, remuneration, conditions for termination and behaviors leading to a breach of the contract.