Labor Law in China is the first English book
published in China that focuses on the Chinese labor law It is a result of the
Beijing higher education young elite teacher project Filling in a key gap of
research,the book covers the Chinese labor law system in following four fields:
general principles,labor relation,labor standards law,and labor security law。
關於作者：
李文沛，中国劳动关系学院副教授，中国政法大学博士，现已出版专著一部，译著一部，发表论文30余篇。
目錄：
Chapter One.Labor Law:General Principles1
1.Definition1
2.Basic Characteristics of Labor Law4
3.Basic Principles of Labor Law7
4.Main Contents of Labor Law System10
Chapter Two.Labor Contract Law12
1.Overview12
2.Conclusion Of
Labour Contract21
3.Performance and Alteration of Labor Contract44
4.Dissolution and Termination of Labor
Contract51
5.Labor Dispatch and Non-full-time Labor63
Chapter Three.Law of Collective Agreement68
1.Descriptions of Collective Agreement68
2.Conclusion of Collective Agreement74
3.Application of Collective Agreement88
4.Union Laws and Regulations90
Chapter Four.Internal Labor Bylaws of
Employer102
1.Overview of internal Labor Bylaws of
Employer102
2.Legislation Position of Labor Bylaws of
Employer104
3.Formulation of Labor Bylaws of Employer105
4.Legal Force of Labor Bylaws of Employer106
5.Labor Discipline113
Chapter Five.Law on Democratic Management of
Workers117
1.Summary of Democratic Management of Workers117
2.System of Workers Congress128
3.Democratic Management of Workers in Other
Forms133
Chapter Six.Law for Settlement of Labor
Dispute140
1.Summary of Labor Dispute Settlement140
2.Negotiation and Mediation of Labor Dispute151
3.Arbitration of Labor Disputes159
4.Labor Dispute Litigation172
5.Settlement of Collective Contract Dispute177
Chapter Seven.Legal System of Wage180
1.Overview of Wage Legislation180
2.Composition and Basic Forms of Wage186
3.Basic Wage System192
4.Minimum Wage System196
5.Guarantee System of Wage Payment204
Chapter Eight.Legal System of Work Time212
1.Overview of Work Time Legislation212
2.Work Time System217
3.Rest and Vacation System226
4.Other Leaves234
5.Work Time Extension and Restrictions235
Chapter Nine.Occupational Safety and Health
System240
1.Summary240
2.Occupational Safety and Health
Specifications243
3.Occupational Safety and Health Management
System247
4.Special Protection System for Female and
Juvenile Workers257
Chapter Ten.Labor Supervision and Inspection262
1.Summary of Labor Supervision and Inspection262
2.Labor Supervision System266
3.Trade Union Supervision273
4.Legal Responsibilities for Violating the Labor
Law278
Chapter Eleven.Employment Promotion Law284
1.Summary284
2.Guidelines and Government Liability for
Employment290
3.Forms of Getting Employed292
4.Main Measures of Employment Promotion by the
Government295
5.Employment Security of Special Employment
Groups308
Chapter Twelve.Social Security Law315
1.Overview315
2.Introduction317
3.Pension Insurance System322
4.Medical Insurance326
5.Unemployment Insurance329
6.Work-related Injury Insurance332
7.Maternity Insurance335
Chapter Thirteen.Occupational Welfare Law337
1.Overview of Occupational Welfare Law337
2.Occupational Welfare Division341
3.Occupational Welfare Fund343
4.Classification of Occupational Welfare345
內容試閱：
1.1Definition
The labor law，an important and independent department in the legal
system of PRC，is the legal collective that governs and
adjusts labor relationship and other social close.knit
relationships.The purpose of the labor law is to adjust labor relationship and its tigtly.tied social
relationships closely related to it on a legal basis so as to protect the legal
rights of the workers,to establish and maintain a stable and harmonious
relationship between the employer and the workers,and to promote social and
economic development.
The above definition implies the following
key messages:
（1）The labor
law adjusts social relations-labor relationship and other social relationships
closely related to it；
（2）The basic
object of regulation by the labor law is the labor relationship;
（3）The labor
law is an independent department in the legal system,one that adjusts labor
relationship and other social relationships closely related to it，rather than a specific law or regulation
The labor law system was born in the early
1900s with the development of capitalism and the growth of workers rights movement.With the
evolution of labor relationship in capitalist societies,the state promulgated
the labor law that would adjust labor relationshipOver the past 200 years,the
seed of the labor law has grown into an independent department in the lagal
system and become established.
1.2Object
The PRC Labor Law states that its object is
labor relationship.As an independent and systemic legal department,the law also governs other
social relationships related to labor relationship.
As the object of the law,the labor relationship
is a basic concept in the labor law and a foundation in the study of the labor
law.The labor relationship refers to the social relationship between the worker.the owner of the
labor and the employer.the user of labor in the labor process.The former provides paid labor which is used
in the combination with the means of production by the latter.
1.2.1Basic Characteristics of Labor Relationship:
（1）The
establishment of the labor relationship depends on labor work.Without labor
work,the content of the labor relationship there can be no labor relationship.
（2）The parties
of the labor relationship are the worker who provides hisher work and the employer
who provides the means of production,uses the worker.s labor work,and
obtains any results done through the labor work.
（3）The
establishment of the labor relationship shall be voluntary.The worker shall
be free to choose where to work and the employer shall be free to decide on
whom to hire.The labor relationship is established upon when both the worker and the
employer agree.
（4）The
materialization of the labor relationship depends on the labor work.The employer has
the right to use the labor work based on law.The worker has the right to work and must
have the behavioral competence to work as well.The worker provides paid work under the
guidance of the employer pays wages in return to get the labor work.This is how the
labor relationship is materialized,in which process demonstrates the
charateristics of the coexitence personal and property,equality and afficiation.
（5）The
adjustment of the labor relationship must be done in accordance with the law.The
establishment,change,and termination of the labor relationship as well as the
rights and obligations of the parties and the working conditions shall be based
on applicable law.However,if applicable laws and regulations have specific provisions
governing the labor relationship between the worker and the employer in the
capacity of state organ,institution,or social entity,the Labor Law shall not
apply to such labor relationship.
1.2.2Other Social Relationships
Apart from the labor relationship,the labor
law also adjusts other social relationships closely related to the labor
relationship.These social relationships which nevertheless are not part of the labor
relationship,accompany the labor relationship before,during,and after the work
process.They include:
（1）Labor
administrative relationship:the relationship in administrative process between
labor and social security authorities on the one side and employers and
employers associations,workers and workers organizationstrade unions,employment service organizations,social
security organizations,and labor dispute resolution organizations on the other
side.
2）Employment relationship:the relationship between the authorities,employment
service organizations,the employers,and the workers in the process of promoting
employment,employment service,job place as well as recruiting.
3）Labor groups relationship:the relationship between the trade union
and the employers association and the parties relations to other parties,such as the relationship between group
members and the trade unionemployers association,the
trade union.s group negotiation with the employeremployers association,etc.
4）Social security relationship:the relationship between social
security agents,social security service organizations,the employers when the
workers in the process of dealing with social security.
5）Labor practice watch dog relationship:the relationship between the
labor practice watch dogslabor and social security authorities,trade
unions,the workers,and the public）on the one side and
the employers,the employment service organizations and social security service
organizations on the other side in the process of enforce labor laws and
regulations.
6）Labor dispute resolution relationship:the relationship between labor
disputes authoritieslabor authorities and the court）and
the labor dispute partiesthe worker,the employer,trade union,and employers association,etc.）in resolving labor dispute.
These relationships,together with the labor
relationship,constitute the objects of the PRC labor law.The labor law
plays an instrumental role in regulating and adjusting these relationships.
2.Basic Characteristics of Labor Law
2.1Combination of Public and Private Laws
Legal research distinguishes public and
private laws.Generally speaking,public law,whose adjustment rules follow the law rules
and exclude any private arrangement,involves the international and the pubic
common interests.In contrast,private law deals with private intereststhose of natural and
legal personswhere individual agreement is enshrined.Agreement is law,whereby public power is
rejected.The administrative law leads in the field of public law,and the civil law
in the field of private law.However,a study of the labor law reveals that it combines features of both
public and private laws;therefore it is often regarded as the third law
department-social law or the integration of public and private laws.
A review of the history of labor law development
shows that,initially,the labor relationship was regulated according to private
lawcivil law,and later public law elementsstate power）were added involving basic elements of
the labor contract such as minimum pay,longest working hours,and labor safety
and sanitation.Thus,while keeping the model of labor contract-established labor
relationship specifying both parties rights and obligations,both parties shall also abide by public law
defined obligations and labor standards in the realization of the labor
relationship as well as other social relationships accompanying it.It is the
process of the integration of private and public laws.Noticeably,the labor relationship,which was
mainly adjusted by public law labor administrative lawin planned economy
stage,has been more and more widely adjusted by private law featured by market
economy.based characteristics and endowed with more freedom and choice enjoyed by
the both parties in labor market and labor relationship.In call,as an independent legal department,the
labor law demonstrates the trend of combination of public and private law in
recent history.
2.2Tilting towards Protecting the Worker.s Legal Rights
In terms of the purpose of the labor law,the
protection of the worker.s rights is the top priority,because in the market economy,the worker is
usually the weaker party in the labor relationship.Subject to the employer.s management,the
worker is more vulnerable to substantive inequality in the labor relationship.The labor work
is closely linked with the personal development of the worker.Therefore,the
law shall go out of the way to protect the rights of the worker.In addition,to
safeguard justice and fairness,the labor law protect not only the rights of the
worker,but it also adjusts the substantive inequality in the labor relationship
between the worker and the employer through reasonable public power
intervention while recognizing the labor relationship established through
voluntary choice by both parties.Thus,the labor law regulates,directs,and
adjusts labor market and rights and obligations of both parties-the worker and
the employer.It serves the purpose beyond protecting the rights of the worker.It regulates the
whole labor market,while tilting towards the interests of the worker.More
specifically,the tilting is demonstrated by the following:
（1）When
defining the rights and obligations of both partiesthe worker and the employer）of the labor relationship,the labor law stresses the rights of the
worker and the obligations of the employer.
（2）To protect
the rights of the worker,the labor law lays down provisions regarding minimum
standard which compulsorily leaves no space for the employer to cut down,so as
to ensure the basic protection of the worker.s right.It where-as has no provisions for the employes
in this regard.
（3）The labor
law specifies strict limitations when the employer attempts to terminate the
labor relationship with the worker.Strict conditions are set up for termination
of the labor relationship and certain prohibitive clauses are defined.However,the
labor law is flexible when the worker voluntarily terminating hisher labor
relationship with the employer,typically without prohibitive clause.
（4）In terms of
labor practice supervision,the object of supervision is typically limited to
the employer.s practice,instead of the behavior of the worker.
In addition,the labor law has the ability to
regulate,direct,and adjust labor market and specific labor relationships.Therefore,it has
the function of labor management law.Given the backdrop of furthering market
economy development and optimal labor resource allocation,the labor law plays a
key role in labor management.
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