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 |
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.]