Administrative Penalty Measures for Violating the Labor Law of the People's Republic of China - 1995 Article 1 For the purpose of ensuring the implementation of the Labor Law and penalizing those who violate the Labor Law, these regulations are formulated according to the relevant stipulations of legal responsibility made clear in the Labor Law of the People's Republic of China. Article 2 The Labor administrative departments under people's governments at or above county level (hereinafter referred to as labor administrative departments) shall supervise and investigate the enterprises, individual economic organizations within their jurisdiction (hereinafter referred to as work units) on their implementation of the labor law and regulations. These administrative penalty measures are applicable to those whose activities violate the Labor Law. Article 3 If work units' own labor rules violate stipulations of law and regulations, they shall be warned and ordered to correct their misdeed within a prescribed period. They shall be given a public notice of criticism if they fail to correct their misdeed within the prescribed period. Article 4 If work units force laborers to work extra hours without prior consultation with trade unions and the laborers, they shall be warned and ordered to correct such misdeed. And, the units can be fined up to 100 yuan for each disagreed overtime working hour by each laborer. Article 5 If work units extend the working time of the laborers by three hours every day, or 36 hours every month, they shall be warned and ordered to correct such misdeed. And, the units can be fined up to 100 yuan for each disagreed overtime working hour by each laborer. Article 6 Where work units commit one of the following activities that encroach the legitimate rights and interests of laborers, they shall be ordered to pay the laborers wage and economic compensation. And in any of the following cases, they can be ordered to pay the laborers compensation equivalent to one-to-five times the sum of laborers' due wage and economic compensation: (1) deducting or delaying laborers' wage payments without justification; (2) refusing to pay laborers extra pay for overtime working hours; (3) paying laborers wages lower than the local minimum wage standard; (4) failing to pay laborers economic compensation according to law and regulations, after terminating the labor contract. The payment of laborers economic compensations shall be made in accordance with relevant regulations. Article 7 If the work units' labor safety facilities and labor hygiene conditions are not up to State specified standards, they shall be ordered to correct it within a prescribed period. They can be fined up to 50,000 yuan if failing to correct it within the prescribed period. If accidents of acute poisoning or injuries or deaths occur as a result of the work units' violation of labor law and regulations, such work units shall be ordered to take corrective measures, and be fined up to 10,000 yuan for each poisoned, injured or defunct employee. For those units which have been found to have committed serious mistakes, the labor administrative departments shall suggest to the people's governments at the same level whether to halt such unit's production pending correction for rectification. If work units conceal, delay or cheat in reporting cases of acute poisoning, injury and fatal accidents, and intentionally destroy or disguise related evidences, they shall be ordered to correct it and be fined up to 20,000 yuan. Article 8 If the design, installation, performance and utilization of labor safety and hygiene facilities can meet the required State standard of the project which is being developed, built, renovated or expanded by a work unit, the work units shall be ordered to make prompt correction and be fined up to 50,000 yuan. Article 9 If work units do not provide laborers with necessary labor protection essentials and labor protection facilities, or fail to conduct regular physical checkup for laborers working under occupational hazards, the units shall be ordered to make prompt correction and be fined up to 5,000 yuan. Article 10 If work units' boiler or pressurized container is being used without operation license, or they are not regularly examined as required, the units shall be ordered to stop such operation, or seal the equipment in question, and they can be fined up to 10,000 yuan for such violations. If work units’ boiler and pressurized container are found to contain hidden hazard, the units shall be ordered to correct it within a prescribed period. Those failing to correct it within the prescribed period shall be ordered to stop operation, their operation license shall be canceled and they shall be fined up to 10,000 yuan. If work units fail to make regular examination of their pressurized pipe, lifting machinery, elevators, passenger transporting cableway, automotive vehicles and other special-use equipment, or such equipment do not have safety verification, the units shall be ordered to make prompt correction and be fined up to 10,000 yuan. Article 11 If work units illegally recruit minor laborers under the age of 16, they shall be ordered to correct it and be fined according to relevant State regulations. Article 12 If work units are found to have committed one of the following activities that violate the rights and interest of women and minor laborers, they shall be ordered to correct it and be fined up to 3,000 yuan for each woman or minor laborer who suffered from such activities: (1) arranging women laborers to work in mines, or on jobs of the 4th-intensity as specified in State standard and other jobs forbidden to women workers; (2) arranging women laborers to work during their menstrual period on jobs at high altitude, or in low temperature, cool water and jobs of 3rd-intensity labor as specified in State standard; (3) arranging women laborers, while breast-feeding child under the age of one year, to work on jobs of 3rd-intensity labor as specified in State standard, and other jobs forbidden to women in such period, or force them to work extra hours or at night shift; (4) arranging minor laborers to work in mines, on jobs that is poisonous and perilous, or jobs of 4th-intensity labor as specified in State standard or other jobs forbidden to them. Article 13 If work units arrange women laborers, in the period of pregnancy, to work on jobs of State-specified 3rd-intensity labor or jobs that is forbidden to women in pregnancy, the units shall be ordered to correct it, and be fined up to 3,000 yuan for each such mistreated woman laborer. If work units arrange women laborers, in pregnancy of more than seven months, to work extra hours or work at night shift, the units shall be ordered to correct it and be fined up to 3,000 yuan for each such mistreated woman laborer. Article 14 If work units violate the regulation protecting women employees and give them maternity leave less than 90 days, the units shall be ordered to correct it within a prescribed period. They shall be fined up to 3,000 yuan for each such mistreated woman laborer, if they fail to correct the misdeed within the prescribed period. Article 15 If the work units fail to conduct regular physical check-up for minor laborers, they shall be ordered to make correction within a prescribed period. And they shall be fined up to 3,000 yuan for failing to correct it within the prescribed period. Article 16 If work units fail to implement a labor contract according to conditions stipulated in the Labor Law, or intentionally delay to sign a labor contract, they shall be ordered to correct it with a prescribed period. They shall be given a public notice of criticism for failing to correct it within the prescribed period. Article 17 If work units fail to hand in social insurance fees without justifiable reason, they shall be ordered to correct it within a prescribed period. If they fail to correct it within the prescribed period, they shall be ordered to pay up not only the overdue fees but also the a fine equivalent to two per thousand of the overdue payment for each day in arrears. The overdue fine payments shall be absorbed into the social insurance fund. Article 18 If work units hamper the labor administrative departments and labor supervisors in their performance of duty, or retaliate against those who reported such cases to labor administrative departments, they shall be fined up to 10,000 yuan. Article 19 To those who have committed more than two violations of the Labor Law, penalties shall be given for each individual case or given for both cases at the same time. And, in the event such penalties can not be imposed at the same time, they shall be given separately. Heavier penalty can be given for several (two or more) violations of the Labor law, and the violator can be fined two to five times the original amount. Article 20 The labor administrative departments, when penalizing work units, shall use the fine receipt made by the finance administrative departments. All fines shall be handed to the state finance promptly, according to relevant finance management regulations. Article 21 If work units object to the administrative penalty, they can appeal for re-consideration or file a lawsuit, according to the Administrative Reconsidering Regulations and the Administrative Procedure Law. During the period of reconsideration or litigation, the implementation of the administrative penalty shall not be affected. Article 22 The labor administrative departments of provinces, autonomous regions and centrally-governed municipalities can draft detailed rules for the implementation of these regulations. Article 23 These regulation come into effect as of January 1, 1995. |
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