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 adapts to the socialist market economy, and 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 workers who have formed labor relations with them.
State organs, institutions, social groups and workers who have established labor contract relations with them shall implement this Law.
Article 3 Workers enjoy the right to equal employment and choice of occupations, the right to obtain labor remuneration, the right to rest and vacation, the right to obtain labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to request labor dispute settlement and other labor rights prescribed by law.
Workers shall complete labor tasks, improve their 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 the law to ensure that workers enjoy labor rights and fulfill 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 advocates that workers participate in social voluntary labor, carry out labor competitions and rationalization proposal activities, encourage and protect workers to conduct scientific research, technological innovation and invention, and commend and reward model workers and advanced workers.
Article 7 Workers have the right to join and organize trade unions in accordance with the 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 Workers shall participate in democratic management or conduct equal consultations with employers on protecting the legitimate rights and interests of workers through workers' congresses, workers' representative congresses or other forms in accordance with the law.
Article 9 The labor administrative department of the State Council shall be responsible for labor work throughout the country.
The labor administrative departments of local people's governments at or above the county level shall be responsible for labor work within their administrative regions.
Article 10 The state shall create employment conditions and expand employment opportunities by promoting economic and social development.
The state encourages enterprises, institutions and social groups to establish industries or expand operations within the scope prescribed by laws and administrative regulations to increase employment.
The state supports workers to voluntarily organize themselves for employment and engage in individual business 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 due to differences in nationality, race, gender or religious beliefs.
Article 13 Women shall enjoy equal employment rights with men. When recruiting employees, except for jobs or positions that are not suitable for women as stipulated by the state, women shall not be refused to be recruited or the recruitment standards for women shall not be raised on the grounds of gender.
Article 14 The employment of disabled people, ethnic minorities and retired soldiers shall be subject to special provisions in laws and regulations.
Article 15 Employers are prohibited from recruiting minors under the age of 16.
Art, sports and special craft units that recruit minors under the age of 16 must comply with relevant national regulations and guarantee their right to receive compulsory education.
Article 16 A labor contract is an agreement between an employee and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
Article 17 The conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
A labor contract shall be legally binding once it is concluded in accordance with the law, and the parties must perform the obligations stipulated in the labor contract.