Section 3

Part-Time Employment

Article 68 Part-time employment is a form of employment under which remuneration is chiefly calculated by the hour and the workers generally work for not more than 4 hours per day in average and not more than an aggregate of 24 hours per week for the same employing unit.

Article 69 The two parties to part-time employment may conclude an oral agreement.

A worker in part-time employment may conclude a labor contract with one or more employing units; however, the labor contract concluded later may not prejudice the performance of the one concluded earlier.

Article 70 The two parties to part-time employment may not conclude an agreement on probation period.

Article 71 Either of the two parties to part-time employment may give a notice to the other party at any time to terminate the employment, and in such a case the employing unit shall not pay any financial compensation.

Article 72 The hourly remuneration rate for part-time employment may not be lower than the minimum hourly wage rate specified by the people’s government of the place where the employing unit is located.

Labor remuneration settlement and payment cycle for part-time employment may not exceed 15 days.

Chapter VI

Supervision and Inspection

Article 73 The administrative department of labor under the State Council shall be in charge of supervision over and administration of the implementation of the labor contract system nationwide.

The administrative departments of labor of the local people’s governments at or above the county level shall be in charge of supervision over and administration of the implementation of the labor contract system in their own administrative areas.

In supervising and administering the implementation of the labor contract system, the administrative departments of labor of the local people’s governments at or above the county level shall listen to the opinions of the trade unions, the enterprise representatives and the departments in charge of the specific industries.

Article 74 The administrative departments of labor of the local people’s governments at or above the county level shall, in accordance with law, supervise and inspect the implementation of the labor contract system in respect of the following matters:

(1) the rules and regulations formulated by the employing units that have a direct bearing on the immediate interests of the workers, and the implementation of such rules and regulations;

(2) conclusion of labor contracts between employing units and workers and their revocation;

(3) compliance with the relevant regulations on labor dispatch by the labor-dispatching units and the receiving units;

(4) compliance by the employing units with the State regulations on working hours, rest and vocation of workers;

(5) payment by the employing units of labor remuneration as stipulated in the labor contracts, and their compliance with the minimum wage standards;

(6) purchase of the various types of social insurance by the employing units for the workers, and payment of social insurance premiums by the same; and

(7) other matters subject to supervision and inspection concerning labor as specified in laws and regulations.

Article 75 When the administrative department of labor of a local people’s government at or above the county level conducts supervision and inspection, it shall have the right to check the materials relating to labor contracts and collective contracts and to conduct on-the-spot inspection of the workplaces, and both the employing units and the workers shall truthfully provide relevant information and materials.

When staff members of an administrative department of labor conduct supervision and inspection, they shall produce their papers, exercise their duties and powers according to law and enforce the law in a polite manner.

Article 76 The departments in charge of supervision over and administration of construction, health, work safety, etc. under the people’s governments at or above the county level shall, within the limits of their respective duties, supervise and administer the implementation of the labor contract system by the employing units.

Article 77 A worker whose legitimate rights and interests are infringed upon shall have the right to request the relevant department to deal with such infringement according to law, or to apply for arbitration or bring a lawsuit according to law.

Article 78 The trade unions shall protect the legitimate rights and interests of the workers in accordance with law and supervise the performance of labor contracts and collective contracts by the employing units. Where an employing unit violates the labor laws or regulations or breaches a labor contract or a collective contract, the trade union concerned shall have the right to put forward its opinions or request rectification. Where a worker applies for arbitration or brings a lawsuit, the trade union concerned shall provide him with support and assistance in accordance with law.

Article 79 All organizations and individuals shall have the right to inform against violations of this Law, and the administrative departments of labor of the people’s governments at or above the county level shall verify and deal with such violations in a timely manner and reward the ones that perform meritorious service.

Chapter VII

Legal Responsibility

Article 80 Where the rules and regulations of an employing unit that have a direct bearing on the immediate interests of workers are in contravention with the provisions of laws and regulations, the administrative department of labor shall order it to rectify and shall give it a warning. If harm is done to a worker, the employing unit shall be liable for compensation.

Article 81 Where the requisite terms provided for by this Law are not clearly stated in the text of a labor contract provided by an employing unit or an employing unit fails to deliver a copy of the labor contract to the worker, the administrative department of labor shall order it to rectify. If harm is done to the worker, the unit shall be liable for compensation.

Article 82 Where an employing unit fails to conclude a written labor contract with a worker for more than a month but less than a year from the date it starts employing him, it shall pay the worker two times his salary for each month.

Where an employing unit fails to conclude an open-ended labor contract with a worker in violation of the provisions of this Law, it shall pay the worker two times his salary for each month, starting from the date on which an open-ended labor contract should be concluded.

Article 83 Where in violation of the provisions of this Law, an employing unit reaches an agreement with a worker on a probation period, the administrative department of labor shall order it to rectify. If the illegal agreement on a probation period is executed, the employing unit shall pay compensation to the worker at the rate of the worker’s monthly salary following the completion of his probation, for the period of performance by the worker in excess of the statutory probation period.

Article 84 Where an employing unit, in violation of the provisions of this Law, detains a worker’s resident identity card or other certificates, the administrative department of labor shall order it to return the same to the worker within a time limit and impose on it a penalty in accordance with the provisions of relevant laws.

Where an employing unit, in violation of the provisions of this Law, collect money or things of value from the workers in the name of guaranty or in other names, the administrative department of labor shall order it to return the same to the workers within a time limit and impose on it a fine at the rate of not less than 500 yuan but not more than 2,000 yuan for each person from whom it has collected money or things of value; if harm is done to the workers, it shall be liable for compensation.

Where an employing unit detains a worker’s personal file or other articles when the worker has his labor contract revoked or terminated in accordance with law, it shall be penalized in accordance with the provisions in the preceding paragraph.

Article 85 Where an employing unit commits one of the following acts, the administrative department of labor shall order it to pay the labor remuneration, give overtime pay or make other financial compensation within a time limit; if the labor remuneration is lower than the local minimum wage rate, it shall pay the difference. If it fails to make such payment at the expiration of the time limit, it shall be ordered to pay an additional compensation to the worker at a rate of not less than 50 percent but not more than 100 percent of the amount payable:

(1) failing to pay a worker his labor remuneration on time and in full as stipulated in the labor contract or as prescribed by the State;

(2) paying labor remuneration at a rate below the local minimum wage rate;

(3) arranging overtime work but giving no overtime pay; or

(4) failing to pay the worker financial compensation pursuant to the provisions of this Law when revoking or terminating a labor contract.

Article 86 Where a labor contract is determined to be invalid in accordance with the provisions of Article 26 of this Law, which causes harm to the other party, the party in default shall be liable for compensation.

Article 87 Where an employing unit revokes or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker two times the rate of financial compensation specified in Article 47 of this Law.

Article 88 Where an employing unit commits one of the following acts, it shall be subjected to an administrative sanction in accordance with law; if a criminal is constituted, it shall be investigated for criminal responsibility according to law; if harm is done to a worker, the employing unit shall be liable for compensation:

(1) forcing a person to work by resorting to violence, intimidation or illegal restriction of personal freedom;

(2) giving instructions in violation of rules and regulations or giving peremptory orders to a worker to perform hazardous operations, which endanger his personal safety;

(3) humiliating, giving corporal punishment to, beating , illegally searching or detaining a worker; or

(4) providing a worker with hazardous working conditions or a severely polluted environment, thus causing serious harm to the physical or mental health of the worker.