Labor Law in China

Wal-Mart, Nike, Huffy, Timberland, New Balance and many other U.S. companies routinely violate China's labor laws. It must also be noted that the government of China does nothing to implement its own labor laws.

China's Labor Code

An 8-hour workday, 5 days a week, a 40 hour work week

Article 36: The state shall practice a working hour system under which laborers shall work no more than eight hours a day and no more than 40 hours a week on average (as of May 1, 1997)

Prohibiting Excessively High Daily Production Quotas

Article 37: In the case of laborers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remunerating in accordance with the working hour system stipulated in article 34 of this law.

No Forced Overtime/Overtime Strictly Limited to Nine Hours a Week/ Legal Work Week Capped at 49 hours.

Article 41: The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and laborers, but the extended working hours for a day shall generally not exceed one hour; and such extended hours shall not exceed three hours a day and only under the condition that the health of the laborer is guaranteed. However, the total extension in a month shall not exceed thirty-six hours.

This means that overtime work should never exceed three hours a day, making the longest legal shift permitted 11 hours. It is illegal to work more than 9 overtime hours a week. That caps the longest legal workweek allowed at 49 hours.

All Overtime Work Must Be Paid at a Premium

Article 44: The employment unit shall, according to the following standards, pay laborers remunerations higher than those for normal working hours under any of the following circumstances:

1.<> to pay no less than 150 percent of the normal wages if the extension of working hours is arranged;

2.<> to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken;

3.<> to pay no less than 300 percent of the normal wage if the extended hours are arranged on statutory holidays.

After one year, all workers are entitled to paid annual vacations

Article 45: Laborers who have kept working for one year and more shall be entitled to an annual vacation with pay.

Detaining Workers Wages, Fines or Mandatory Deposits is Illegal

Article 50: Wages shall be paid monthly to laborers themselves in the form of currency. The wages paid to laborers shall not be deducted or delayed without justification.

Companies Must Join and Pay into Social Security

Article 72: The employing unit and laborers must participate in social insurance and pay social insurance premiums in accordance with the law.

No Discrimination Against Women

Article 12: Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.

The Right To Organize Independent Unions

Article 7: Laborers shall have the right to participate in and organize trade unions in accordance with the law.

Every Worker Has the Right to a Written Work Contract

Article 16-19: A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition of the rights, interests and obligations of each party. A labor contract shall be concluded in written form and contain the following clauses [including]: wages, working conditions, type of work.

Safe and Healthy Working Conditions

Article 52: The employing unit must establish and perfect the system for occupational safety and health, educate laborers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards.

Protecting Juvenile Workers

Article 58: The State shall provide female and juvenile workers with special protection.
[For example, 16 and 17- year-olds cannot work more than eight hours a day or at night.]

<< BACK | NEXT >>