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Labor Law of the People's Republic of China

author:The rule of law wild goose pagoda

Adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994

On July 5, 1994, it was promulgated by Order No. 28 of the President of the People's Republic of China

It came into force on January 1, 1995

Chapter I: General Provisions

  Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, to adjust labor relations, to establish and maintain a labor system suited to the socialist market economy, and to promote economic development and social progress.

  Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and to workers who have formed labor relations with them.

  State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

  Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive 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 for settlement, and other labor rights provided for by law.

  Workers shall complete labor tasks, improve 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 law to ensure that workers enjoy labor rights and perform labor obligations.

  Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

  Article 6: The State encourages laborers to participate in social voluntary labor, carries out labor competitions and rationalization suggestion activities, encourages and protects laborers to conduct scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.

  Article 7 Workers have the right to join and organize trade unions in accordance with law.

  Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently and autonomously in accordance with the law.

  Article 8 In accordance with the provisions of law, workers shall participate in democratic management or negotiate with employers on an equal footing on the protection of the legitimate rights and interests of workers through the workers' congress, 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 department of the local people's government at or above the county level shall be in charge of labor work within its administrative area.

Chapter II: Promoting Employment

  Article 10 The State shall create employment conditions and expand employment opportunities by promoting economic and social development.

  The State encourages enterprises, public institutions, and social organizations to establish industries or expand their operations within the scope prescribed by laws and administrative regulations, and to increase employment.

  The State supports workers in voluntarily organizing themselves for employment and 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 Workers shall not be discriminated against in employment on the basis of differences in ethnicity, race, gender, or religious belief.

  Article 13: Women enjoy employment rights equal to those of men. When hiring employees, they must not refuse to hire women or raise the standards for hiring women, except for jobs or positions that are not suitable for women as provided by the State.

  Article 14: Where laws and regulations have special provisions on the employment of persons with disabilities, persons from ethnic minorities, and retired servicemen, follow those provisions.

  Article 15: Employers are prohibited from recruiting minors under the age of 16.

  Establishments of literature, art, sports, and special crafts recruiting minors under the age of 16 must follow the relevant provisions of the State, complete the examination and approval procedures, and ensure 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 employer to establish a labor relationship 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 labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

  The labor contract is legally binding immediately 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 means of fraud, threats, or other means.

  An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.

  The invalidity of the 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 writing and shall have the following provisions:

  (1) The term of the labor contract;

  (2) The content of the work;

  (3) Labor protection and working conditions;

  (4) Labor remuneration;

  (5) Labor discipline;

  (6) the conditions for the termination of the labor contract;

  (7) Liability for breach of labor contract.

  In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

  Article 20 The term of a labor contract is divided into a fixed term, an indefinite term, and a term for the completion of a certain amount of work.

  If an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, the indefinite term labor contract shall be concluded.

  Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months.

  Article 22 The parties to the labor contract may stipulate in the labor contract matters related to the protection of the employer's trade secrets.

  Article 23 The labor contract shall be terminated upon the expiration of the term of the labor contract or the occurrence of the conditions for termination of the labor contract agreed upon by the parties.

  Article 24 A labor contract may be terminated upon the consensus of the parties to the labor contract.

  Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

  (1) During the probationary period, it is proved that they do not meet the requirements for employment;

  (2) Seriously violating labor discipline or the rules and regulations of the employer;

  (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

  (4) Those who have been pursued for criminal responsibility in accordance with law.

  Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

  (1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

  (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

  (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

  Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or when serious difficulties arise in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.

  Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

  Article 28 Where an employer 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 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

  (1) Suffering from an occupational disease or being injured on the job and being confirmed to have lost or partially lost the ability to work;

  (2) Sick or injured within the prescribed period of medical treatment;

  (3) Female employees are pregnant, giving birth, or breastfeeding;

  (4) Other circumstances provided for by laws and administrative regulations.

  Article 30 If an employer terminates a labor contract and the labor union deems it inappropriate, it shall have the right to put forward opinions. If an employer violates laws, regulations or a labor contract, the trade union has the right to request a new case, and if the employee applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with the law.

  Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance.

  Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

  (1) During the probationary period;

  (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

  (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

  Article 33 The employees of an enterprise and the enterprise may sign a collective contract with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval.

  Collective contracts are signed between trade unions and enterprises on behalf of the workers, and in enterprises where there are no trade unions, representatives nominated by the workers sign contracts with the enterprises.

  Article 34 After the signing of a collective contract, it shall be submitted to the labor administrative department, and if the labor administrative department does not raise an objection within 15 days from the date of receipt of the text of the collective contract, the collective contract shall take effect.

  Article 35 A collective contract signed in accordance with law shall be binding on the enterprise and all employees of the enterprise. In the labor contract concluded between individual employees and enterprises, the standards of working conditions and labor remuneration shall not be lower than those stipulated in the collective contract.

Chapter IV Working Hours, Rest and Vacation

  Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

  Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

  Article 38 The employer shall ensure that the worker has at least one day off per week.

  Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

  Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

  (1) New Year's Day;

  (2) Spring Festival;

  (3) International Labor Day;

  (4) National Day;

  (5) Other holidays and holidays provided for by laws and regulations.

  Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the workers is guaranteed.

  Article 42: In any of the following circumstances, extended working hours are not subject to the restrictions of Article 41 of this Law:

  (1) Where a natural disaster, accident, or other reason threatens the life, health, or property safety of laborers, and needs to be dealt with urgently;

  (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, and must be repaired in a timely manner;

  (3) Other circumstances provided for by laws and administrative regulations.

  Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

  Article 44 Under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards:

  (1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages shall be paid;

  (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;

  (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  Article 45 The State implements a paid annual leave system.

  Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be formulated by the State Council.

Chapter 5 Wages

  Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

  The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

  Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

  Article 48 The State implements a minimum wage guarantee system. The specific standards of minimum wages shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the State Council for the record.

  The wages paid by the employer to the employee shall not be lower than the local minimum wage.

  Article 49 The following factors shall be taken into account in determining and adjusting the minimum wage standard:

  (1) The minimum living expenses of the laborers themselves and the average dependent population;

  (2) the average social wage level;

  (3) Labor productivity;

  (4) Employment status;

  (5) Differences in the level of economic development between regions.

  Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

  Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Chapter VI Labor Safety and Health

  Article 52 Employers shall establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, and provide labor safety and health education to workers, so as to prevent accidents in the labor process and reduce occupational hazards.

  Article 53 Occupational safety and health facilities must comply with the standards prescribed by the State.

  The labor safety and health facilities of the new, reconstructed and expanded projects must be designed, constructed, put into production and used at the same time as the main project.

  Article 54 Employers shall provide workers with labor safety and health conditions and necessary labor protection articles that comply with the provisions of the State, and shall conduct regular health examinations for workers engaged in work with occupational hazards.

  Article 55 Laborers engaged in special operations must undergo special training and obtain special operation qualifications.

  Article 56 Workers must strictly abide by the safety operation procedures in the course of work.

  Workers have the right to refuse to carry out illegal orders or risky operations ordered by the management personnel of the employer, and have the right to criticize, report and accuse the behavior that endangers life safety and health.

  Article 57 The State shall establish a system for 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, relevant departments and employers shall, in accordance with the law, count, report and deal with the casualties and occupational diseases of workers that occur in the course of work.

Chapter VII: Special Protections for Female Employees and Juvenile Workers

  Article 58: The State implements special labor protections for female employees and juvenile workers.

  Juvenile workers are workers who have reached the age of 16 but have not yet reached the age of 18.

  Article 59: It is prohibited to arrange for female employees to engage in underground mines, labor of the fourth level of physical labor intensity as provided by the state, and other labor that is taboo.

  Article 60: Female employees must not be arranged to engage in high-altitude, low-temperature, or cold-water operations, as well as labor of the third level of physical labor intensity provided by the state during menstruation.

  Article 61: Female employees must not be arranged to engage in labor of the third level of physical labor intensity provided for by the state or labor that is taboo during pregnancy during pregnancy. Female employees who are more than seven months pregnant shall not be arranged to work longer hours or night shifts.

  Article 62: Female employees are entitled to not less than 90 days of maternity leave when they give birth.

  Article 63: Female employees must not be arranged to engage in labor of the third level of physical labor intensity provided for by the state or other labor that is contraindicated during breastfeeding while breastfeeding infants under the age of one, and must not be arranged to work longer hours or night shifts.

  Article 64 Juvenile workers shall not be arranged to engage in underground mines, toxic and harmful labor, labor of the fourth level of physical labor intensity prescribed by the State, and other labor that is taboo to be performed.

  Article 65 Employers shall conduct regular health examinations for juvenile workers.

Chapter VIII: Vocational Training

  Article 66 The State shall, through various channels and measures, develop vocational training, develop the vocational skills of laborers, improve the quality of laborers, and enhance their employability and work ability.

  Article 67: People's governments at all levels shall include the development of vocational training in their plans for social and economic development, and encourage and support enterprises, public institutions, social groups, and individuals with the capacity to carry out various forms of vocational training.

  Article 68 Employers 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 manner according to the actual conditions of the unit.

  Workers engaged in skilled jobs must undergo 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 assessment and appraisal institutions approved by the Government shall be responsible for carrying out vocational skill assessments and appraisals for workers.

Chapter IX Social Insurance and Welfare

  Article 70 The State shall develop social insurance, establish a social insurance system and set up a social insurance fund to enable workers to receive assistance and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

  Article 71: The level of social insurance shall be commensurate with the level of social and economic development and the capacity of society to bear it.

  Article 72: The social insurance fund shall determine the source of funds in accordance with 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 in accordance with law under the following circumstances:

  (1) Retirement;

  (2) Illness or injury;

  (3) Suffering from work-related disability or occupational disease;

  (4) unemployment;

  (5) Childbirth.

  After the death of a worker, his surviving family members are entitled to survivors' allowances 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 contributions to which workers are entitled must be paid in full and on time.

  Article 74 The social insurance fund handling agency shall collect and disburse, manage and operate the social insurance fund in accordance with the provisions of law, and shall be responsible for maintaining and increasing the value of the social insurance fund.

  The social insurance fund supervision body shall, in accordance with the provisions of the law, supervise the revenue, expenditure, management and operation of the social insurance fund.

  The establishment and functions of the social insurance fund handling agency and the social insurance fund supervisory body shall be prescribed by law.

  No organization or individual may misappropriate social insurance funds.

  Article 75 The State encourages employers to establish supplementary insurance for their workers in accordance with the actual conditions of their employers.

  The State encourages individual workers to carry out savings insurance.

  Article 76: The State develops social welfare undertakings and builds public welfare facilities to provide conditions for rest, recuperation, and recuperation for laborers.

  Employers should create conditions to improve collective welfare and improve the welfare benefits of employees.

Chapter X: Labor Disputes

  Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

  The principles of conciliation apply to both arbitration and litigation proceedings.

  Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

  Article 79 After a labor dispute arises, the parties concerned may apply to the labor dispute mediation committee of their unit for mediation; One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  Article 80 A labor dispute mediation committee may be established within an employer. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

  If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

  Article 81 The Labor Dispute Arbitration Commission shall be composed of representatives of the labor administrative department, representatives of the trade union at the same level, and representatives of the employer. The chairman of the labor dispute arbitration commission shall be a representative of the labor administrative department.

  Article 82 The party making the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

  Article 83 Where a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

  Article 84 Where a dispute arises due to the signing of a collective contract and the parties fail to settle it through negotiation, the labor administrative department of the local people's government may organize the parties concerned to coordinate and handle the dispute.

  If a dispute arises due to the performance of a collective contract and the parties cannot reach a settlement through negotiation, they may apply to the labor dispute arbitration commission for arbitration, and if they are dissatisfied with the arbitral award, they may file a lawsuit with the 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 employers' compliance with labor laws and regulations, and have the right to stop and order corrections to violate labor laws and regulations.

  Article 86 The labor administrative departments of the people's governments at or above the county level shall have the right to enter the employing units to learn about the implementation of labor laws and regulations, to consult the necessary materials, and to inspect the workplaces in the performance of their official duties.

  The labor administrative departments of the people's governments at or above the county level must present their certificates, enforce the law impartially and abide by the relevant regulations when they perform their official duties.

  Article 87 The relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, supervise the employers' compliance with labor laws and regulations.

  Article 88 Trade unions at all levels shall safeguard the lawful rights and interests of workers in accordance with the law, and shall supervise the employers' compliance with labor laws and regulations.

  Any organization or individual has the right to report and accuse for violations of labor laws and regulations.

Chapter XII: Legal Responsibility

  Article 89 Where the labor rules and regulations formulated by an employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order it to make corrections, and shall be liable for compensation if it causes damage to the worker.

  Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

  Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation:

  (1) Deducting or defaulting on the wages of workers without reason;

  (2) Refusal to pay wages and remuneration for extended working hours;

  (3) Paying wages to workers lower than the local minimum wage standard;

  (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

  Article 92 Where an employer's labor safety facilities and labor health conditions do not conform to the provisions of the State or fails to provide the necessary labor protection articles and labor protection facilities to the workers, the labor administrative department or the relevant departments shall order it to make corrections and may impose a fine; if the circumstances are serious, the people's government at or above the county level shall be requested to make a decision to order the suspension of production for rectification; if the failure to take measures against the hidden dangers of the accident leads to the occurrence of a major accident and causes the loss of the worker's life and property, the responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law.

  Article 93 Where an employer compels a worker to carry out risky work in violation of rules and regulations, and a serious casualty accident occurs, causing serious consequences, the responsible personnel shall be investigated for criminal responsibility in accordance with law.

  Article 94 Where an employer 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 administrative department for industry and commerce shall revoke its business license.

  Article 95 Where an employer violates the provisions of this Law on the protection of female employees and juvenile workers and infringes upon their lawful rights and interests, the labor administrative department shall order them to make corrections and impose a fine;

  Article 96 Where an employer commits any of the following acts, the public security organ shall detain the responsible personnel for not more than 15 days, impose a fine, or give a warning;

  (1) Forced labor by means of violence, threats, or unlawful restrictions on personal freedom;

  (2) Insulting, physically punishing, beating, illegally searching or detaining laborers.

  Article 97 Where an invalid contract concluded due to reasons attributable to the employer causes damage to the worker, the employee shall be liable for compensation.

  Article 98 Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections, and shall be liable for compensation if it causes damage to the worker.

  Article 99 Where an employer recruits a worker whose labor contract has not yet been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with law.

  Article 100 Where an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

  Article 101 Where an employer unreasonably obstructs the labor administrative department, the relevant departments and their staff members from exercising their power of supervision and inspection, or retaliates against the whistle-blower, the labor administrative department or the relevant department shall impose a fine;

  Article 102 Where a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with law.

  Article 103 Where a functionary of a labor administrative department or a relevant department abuses his power, neglects his duty, or commits irregularities for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with law;

  Article 104 Where the misappropriation of social insurance funds by state functionaries or staff members of social insurance fund handling agencies constitutes a crime, criminal responsibility shall be pursued in accordance with law.

  Article 105 Where the provisions of this Law are violated and the lawful rights and interests of laborers are infringed upon, and other laws or regulations have already provided for punishment, punishment shall be given in accordance with the provisions of that law or administrative regulations.

Chapter 13 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, stipulate the steps for the implementation of the labor contract system and report them to the State Council for the record.

  Article 107: This Law shall come into force on January 1, 1995.

Source: National People's Congress Laws and Regulations Database, Chinese Government Portal