Please give me a detailed labor law

Labor Law of the People's Republic of China

(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994)

< p> Table of Contents

Chapter 1 General Provisions

Chapter 2 Promotion of Employment

Chapter 3 Labor Contract and Collective Contract

Fourth Chapter Working Hours, Rest and Vacation

Chapter 5 Wages

Chapter 6 Labor Safety and Health

Chapter 7 Special Protection for Female Employees and Underage Workers

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Chapter 8 Vocational Training

Chapter 9 Social Insurance and Welfare

Chapter 10 Labor Disputes

Chapter 11 Supervision and Inspection< /p>

Chapter 12 Legal Liabilities

Chapter 13 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to protect workers This law is formulated in accordance with the Constitution to protect legitimate rights and interests, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations within the territory of the People’s Republic of China (hereinafter collectively referred to as employers) and workers who have labor relations with them.

State agencies, public institutions, social groups and workers with whom they have established labor contracts shall comply with this law.

Article 3 Workers enjoy equal rights to employment and career choice, the right to receive labor remuneration, the right to rest and vacations, the right to labor safety and health protection, the right to receive vocational skills training, and the right to enjoy social insurance and welfare rights, the right to submit labor disputes for settlement, and other labor rights stipulated by law.

Workers should complete their 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 perform labor obligations.

Article 5 The state takes various measures to promote labor 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 encourages workers to participate in voluntary social labor, carries out labor competitions and rational suggestion activities, encourages and protects workers to engage in scientific research, technological innovation and inventions, and commends and rewards model workers and advanced work who.

Article 7 Workers have the right to participate in 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 in accordance with the law.

Article 8. Workers shall, in accordance with legal provisions, participate in democratic management through workers’ conferences, workers’ congresses or other forms or negotiate on an equal footing with employers on the protection of workers’ legitimate rights and interests.

Article 9 The labor administrative department of the State Council is in charge of labor work nationwide.

The labor administrative departments of local people's governments at or above the county level are responsible for labor work within their respective administrative regions.

Chapter 2 Promoting Employment

Article 10 The state creates employment conditions and expands 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 specified by laws and administrative regulations to increase employment.

The state supports workers to voluntarily organize themselves for employment and engage in self-employment to achieve employment.

Article 11 Local people's governments at all levels shall take measures to develop various types of employment agencies to 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 enjoy equal employment rights as men. When recruiting employees, except for types of work or positions that are not suitable for women as stipulated by the state, women may not be refused to be hired or the recruitment standards for women shall be raised on the basis of gender.

Article 14 If there are special provisions in laws and regulations regarding the employment of disabled persons, ethnic minority personnel, and retired servicemen, such provisions shall prevail.

Article 15 Employers are prohibited from recruiting minors under the age of sixteen.

Articles, sports and special crafts units that recruit minors under the age of 16 must go through the approval procedures in accordance with relevant national regulations and ensure that they receive compulsory education. right.

Chapter 3 Labor Contract and Collective Contract

Article 16 A labor contract is an agreement that establishes a labor relationship between a worker and an employer and clarifies the rights and obligations of both parties.

To establish a labor relationship, a labor contract must be concluded.

Article 17 The conclusion and modification of a labor contract shall follow the principles of equality, voluntariness, and consensus through consultation, and shall not violate the provisions of laws and administrative regulations.

Once a labor contract is concluded in accordance with the law, it is immediately legally binding, and the parties concerned must perform the obligations stipulated in the labor contract.

Article 18 The following labor contracts are invalid:

(1) Labor contracts that violate laws and administrative regulations;

(2) Fraud, threats, etc. labor contract concluded by means.

An invalid labor contract has no legal binding force from the time it is concluded. If a part of the labor contract is confirmed to be invalid, if it does not affect the validity of the remaining parts, the remaining parts will still be valid.

The invalidity of a labor contract shall be confirmed by the Labor Dispute Arbitration Committee or the People's Court.

Article 19 A labor contract shall be concluded in writing and shall have the following terms:

(1) Labor contract term;

(2) Work content ;

(3) Labor protection and working conditions;

(4) Labor remuneration;

(5) Labor discipline;

(6) Conditions for the termination of the labor contract;

(7) Liability for breach of the labor contract.

In addition to the necessary terms stipulated in the preceding paragraph, the parties may negotiate and agree on other contents in the labor contract.

Article 20 The term of a labor contract is divided into fixed term, non-fixed term and term based on the completion of a certain amount of work.

If an employee has worked continuously for more than ten years in the same employer, and both parties agree to extend the labor contract, if the employee proposes to conclude a labor contract with an indefinite term, an indefinite-term labor contract shall be concluded.

Article 21 The labor contract may stipulate a probation period. The maximum probationary period shall not exceed six months.

Article 22 The parties to a labor contract may stipulate in the labor contract relevant matters regarding the confidentiality of the employer’s business secrets.

Article 23 The labor contract shall be terminated when the labor contract expires or the conditions for the termination of the labor contract agreed upon by the parties appear.

Article 24 The labor contract may be terminated upon consensus reached by the parties to the labor contract.

Article 25 If an employee has any of the following circumstances, the employer may terminate the labor contract:

(1) During the probation period, he is proven not to meet the employment conditions;< /p>

(2) Serious violation of labor discipline or the employer’s rules and regulations;

(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the interests of the employer;

< p> (4) Being held criminally responsible according to law.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it must notify the employee in writing 30 days in advance:

(1) The employee is sick or injured not due to work, and after expiration of the medical treatment period, he is unable to engage in the original job or the job separately arranged by the employer;

(2) The employee is not qualified for the job and has been trained or After adjusting the job position, the person is still unable to perform the job;

(3) The objective circumstances on which the labor contract was concluded have undergone major changes, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after negotiation. of.

Article 27 If the employer is on the verge of bankruptcy and is undergoing legal reorganization or has serious difficulties in its production and operation, and it is really necessary to lay off employees, it shall explain the situation to the trade union or all employees 30 days in advance, and listen to the labor union or employees. After reporting their opinions to the labor administration department, the number of employees can be reduced.

If an employer reduces personnel in accordance with the provisions of this article and hires personnel within six months, it shall give priority to the personnel who were laid off.

Article 28 If the employer terminates the labor contract in accordance with the provisions of Articles 24, 26, and 27 of this Law, it shall provide financial compensation in accordance with relevant national regulations.

Article 29 If an employee has any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

(1) Suffering from occupational diseases or work-related injuries and confirmed to have lost or partially lost the ability to work;

(2) Sick or injured within the prescribed medical period;

(3) Female employees are during pregnancy, maternity leave, or lactation period;

(4) Other situations stipulated by laws and administrative regulations.

Article 30 If the employer deems it inappropriate to terminate the labor contract, the trade union has the right to put forward opinions. If the employer violates laws, regulations or labor contracts, the trade union has the right to request re-processing; if the employee applies for arbitration or files a lawsuit, the trade union shall provide support and assistance in accordance with the law.

Article 31 If an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.

Article 32 Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:

(1) During the probation period;

(2) The employer forces labor by means of violence, threats or illegal restrictions on personal freedom;

(3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

Article 33 The employees of an enterprise and the enterprise may sign a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft collective contract shall be submitted to the workers' congress or all workers for discussion and approval.

The collective contract is signed by the labor union on behalf of the employees and the enterprise; for enterprises that do not have a labor union, the collective contract is signed by representatives elected by the employees and the enterprise.

Article 34 After the collective contract is signed, it shall be submitted to the labor administrative department; if the labor administrative department does not raise any objection within fifteen days from the date of receipt of the text of the collective contract, the collective contract shall become effective.

Article 35 A collective contract signed in accordance with the law is binding on the enterprise and all employees of the enterprise. The working conditions and labor remuneration standards in the labor contract concluded between individual employees and the enterprise shall not be lower than those stipulated in the collective contract.

Chapter 4 Working Hours, Rest and Vacations

Article 36 The state shall stipulate that the daily working hours of workers shall not exceed eight hours, and the average weekly working hours shall not exceed forty-four hours. Hourly working hours system.

Article 37 For workers who perform piece-rate work, the employer shall reasonably determine their labor quota and piece-rate remuneration standard in accordance with the working hour system stipulated in Article 36 of this Law.

Article 38 The employer shall ensure that workers have at least one day off per week.

Article 39 If an enterprise cannot implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest methods with the approval of the labor administrative department.

Article 40 The employer shall arrange holidays for workers in accordance with the law during the following holidays:

(1) New Year’s Day;

(2) Spring Festival;

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(3) International Labor Day;

(4) National Day;

(5) Other holidays specified by laws and regulations.

Article 41 Due to production and operation needs, the employer may extend working hours after consultation with the trade union and workers. Generally, the working hours shall not exceed one hour per day; if the working hours need to be extended due to special reasons, the employer shall Under the conditions of protecting the health of workers, extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month.

Article 42 Under any of the following circumstances, the extension of working hours is not subject to the restrictions stipulated in Article 41 of this Law:

(1) Natural disasters or accidents occur Or for other reasons that threaten the life, health and property safety of workers and require emergency treatment;

(2) Failure of production equipment, transportation lines, and public facilities affects production and public interests, Emergency repairs must be made in time;

(3) Other situations stipulated by laws and administrative regulations.

Article 43 The employer shall not extend the working hours of workers in violation of the provisions of this Law.

Article 44 Under any of the following circumstances, the employer shall pay wages higher than the worker’s wages for normal working hours according to the following standards:

(1) Arrangement of labor If workers extend their working hours, they shall be paid a salary of no less than 150% of their wages;

(2) If workers are arranged to work on rest days but cannot arrange compensatory time off, they shall be paid no less than 150% of their wages;

200% of the salary;

(3) If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of the salary.

Article 45 The state implements a paid annual leave system.

Employees who have worked continuously for more than one year shall enjoy paid annual leave. Specific measures shall be prescribed by the State Council.

Chapter 5 Wages

Article 46 Wage distribution shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

Wage levels gradually increase based on economic development. The state implements macro-control on total wages.

Article 47 The employer shall independently determine its wage distribution method and wage level in accordance with the law based on its production and operation characteristics and economic benefits.

Article 48 The state implements a minimum wage guarantee system. The specific standards of minimum wages shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and shall be reported to the State Council for filing.

The wages paid by employers to workers shall not be lower than the local minimum wage.

Article 49 The determination and adjustment of the minimum wage standard shall comprehensively refer to the following factors:

(1) The minimum living expenses of the worker himself and the average dependent population;

(2) Social average wage level;

(3) Labor productivity;

(4) Employment status;

(5) Between regions differences in levels of economic development.

Article 50 Wages shall be paid to the workers themselves in the form of currency on a monthly basis. Workers shall not be deducted or delay wages without reason.

Article 51 The employer shall pay wages to workers in accordance with the law during statutory holidays, wedding and funeral leaves, and during social activities in accordance with the law.

Chapter 6 Labor Safety and Health

Article 52 Employers must establish and improve labor safety and health systems, strictly implement national labor safety and health regulations and standards, and conduct labor safety and health inspections on workers. Labor safety and health education to prevent accidents during labor and reduce occupational hazards.

Article 53 Labor safety and health facilities must comply with national standards.

Labor safety and health facilities in new construction, reconstruction, and expansion projects must be designed, constructed, and put into production and use at the same time as the main project.

Article 54 Employers must provide workers with labor safety and health conditions and necessary labor protection supplies that comply with national regulations, and workers engaged in operations with occupational hazards must undergo regular health examinations.

Article 55 Workers engaged in special operations must undergo special training and obtain special operation qualifications.

Article 56 Workers must strictly abide by safe operating procedures during the labor process.

Workers have the right to refuse to comply with employer management personnel’s illegal instructions or forced risky work; they have the right to criticize, report and accuse behaviors that endanger life safety and health.

Article 57 The state shall establish a statistical reporting and processing system for casualties and occupational diseases. The labor administrative departments, relevant departments and employers of the people's governments at or above the county level shall make statistics, report and handle the casualties and occupational diseases of workers that occur during the work process in accordance with the law.

Chapter 7 Special Protection for Female Employees and Underage Workers

Article 58 The state implements special labor protection for female employees and underage workers.

Underage workers refer to workers who are over 16 years old but under 18 years old.

Article 59 It is prohibited to arrange female workers to engage in work underground in mines, work with fourth-level physical labor intensity prescribed by the state, and other taboo work.

Article 60 Female workers shall not be assigned to work at high altitudes, at low temperatures, or in cold water during menstruation, or work with third-level physical labor intensity prescribed by the state.

Article 61 Female employees shall not be arranged to engage in labor with third-level physical labor intensity prescribed by the state during pregnancy and activities that are taboo during pregnancy. Female employees who are more than seven months pregnant shall not be arranged to extend their working hours or work night shifts.

Article 62 Female employees shall enjoy no less than ninety days of maternity leave when giving birth.

Article 63: Female employees shall not be arranged to engage in labor with third-level physical labor intensity prescribed by the state and other labor that is taboo during the lactation period while breastfeeding infants under one year old, and shall not be arranged to extend the period Working hours and night labor.

Article 64 Underage workers shall not be arranged to engage in labor underground in mines, labor that is toxic or harmful, labor with level 4 physical labor intensity stipulated by the state, and other labor that is taboo.

Article 65 Employers shall conduct regular health examinations for underage workers.

Chapter 8 Vocational Training

Article 66 The state adopts various channels and measures to develop vocational training, develop workers’ vocational skills, and improve workers’ quality and enhance the employability and work ability of workers.

Article 67 People’s governments at all levels shall incorporate the development of vocational training into social and economic development plans, and encourage and support qualified enterprises, institutions, social groups and individuals to carry out various forms of vocational training .

Article 68 Employers shall establish a vocational training system, withdraw and use vocational training funds in accordance with national regulations, and conduct vocational training for workers in a planned manner based on the actual conditions of the unit.

Workers engaged in technical work must undergo training before taking up their jobs.

Article 69: The state determines occupational classifications, formulates vocational skill standards for prescribed occupations, and implements a vocational qualification certificate system. Assessment and appraisal institutions approved by the government are responsible for conducting vocational skill assessment and appraisal of workers.

Chapter 9 Social Insurance and Welfare

Article 70: The state develops social insurance, establishes a social insurance system, and sets up social insurance funds to enable workers to protect themselves when they are old or sick. Receive help and compensation in cases of work injury, unemployment, childbirth, etc.

Article 71 The level of social insurance shall be commensurate with the level of social and economic development and social affordability.

Article 72 The social insurance fund shall determine the source of funds according to the type of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Article 73 Workers shall enjoy social insurance benefits in accordance with the law under the following circumstances:

(1) Retirement;

(2) Sickness, Injured;

(3) Disability due to work or occupational disease;

(4) Unemployment;

(5) Childbirth.

After the death of a worker, his or her survivors shall enjoy survivor benefits in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits are stipulated by laws and regulations.

The social insurance benefits enjoyed by workers must be paid in full and on time.

Article 74: Social insurance fund handling agencies collect, disburse, manage and operate social insurance funds in accordance with legal provisions, and are responsible for maintaining and increasing the value of social insurance funds.

The social insurance fund supervision agency shall supervise the revenue and expenditure, management and operation of social insurance funds in accordance with legal provisions.

The establishment and functions of social insurance fund handling agencies and social insurance fund supervisory agencies are stipulated by law.

No organization or individual may misappropriate social insurance funds.

Article 75 The state encourages employers to establish supplementary insurance for workers based on the actual conditions of the unit.

The state encourages individual workers to carry out savings insurance.

Article 76 The state develops social welfare undertakings and builds public welfare facilities to provide conditions for workers to rest, recuperate and recuperate.

Employers should create conditions to improve collective welfare and improve the welfare benefits of workers.

Chapter 10 Labor Disputes

Article 77 If a labor dispute arises between an employer and an employee, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or they may resolve it through negotiation.

The principles of mediation apply to both arbitration and litigation proceedings.

Article 78 Labor disputes shall be resolved in accordance with the principles of legality, fairness and timely handling, and the legitimate rights and interests of the parties to the labor dispute shall be protected in accordance with the law.

Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; if mediation fails and one party requests arbitration, the party may apply to the labor dispute arbitration committee for arbitration.

A party may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court.

Article 80 A labor dispute mediation committee may be established within the employer. The labor dispute mediation committee is composed of employee representatives, employer representatives and trade union representatives. The director of the Labor Dispute Mediation Committee shall be a trade union representative.

If a labor dispute reaches an agreement through mediation, the parties shall fulfill it.

Article 81 The labor dispute arbitration committee is composed of representatives from the labor administrative department, representatives from trade unions at the same level, and representatives from the employer. The director of the labor dispute arbitration committee shall be a representative of the labor administrative department.

Article 82 The party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within sixty days of receipt of the arbitration application.

If the parties have no objection to the arbitration award, the parties must fulfill it.

Article 83 If the parties to a labor dispute are dissatisfied with the arbitration award, they may file a lawsuit with the People's Court within fifteen days from the date of receipt of the arbitration award. If one party neither initiates a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the People's Court for compulsory enforcement.

Article 84 If a dispute arises due to the signing of a collective contract and the parties cannot resolve it through negotiation, the labor administration department of the local people's government may organize the relevant parties to coordinate and resolve the dispute.

If a dispute arises due to the performance of a collective contract and the parties cannot resolve it through negotiation, they may apply to the Labor Dispute Arbitration Commission for arbitration; if they are dissatisfied with the arbitration award, they may file a lawsuit with the People's Republic of China within fifteen days from the date of receipt of the arbitration award. A lawsuit was filed in court.

Chapter 11 Supervision and Inspection

Article 85 The labor administrative departments of the people’s governments at or above the county level shall supervise and inspect the employer’s compliance with labor laws and regulations in accordance with the law. They have the right to stop violations of labor laws and regulations and order them to make corrections.

Article 86 The labor administrative departments of the people's governments at or above the county level supervise and inspect personnel in the performance of official duties and have the right to enter the employing unit to understand the implementation of labor laws and regulations, review necessary information, and conduct labor inspections. Check the location.

The labor administrative departments of the people's governments at or above the county level must produce their certificates when supervising and inspecting personnel in performing official duties, enforce the law impartially and comply with relevant regulations.

Article 87 The relevant departments of the people's governments at or above the county level shall, within the scope of their respective responsibilities, supervise the employer's compliance with labor laws and regulations.

Article 88 Trade unions at all levels shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise employers’ compliance with labor laws and regulations.

Any organization or individual has the right to report and accuse violations of labor laws and regulations.

Chapter 12 Legal Responsibilities

Article 89 If the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order correction; If a worker causes damage, he shall be liable for compensation.

Article 90 If an employer violates the provisions of this Law and extends the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Article 91 If an employer commits any of the following circumstances that infringes upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to workers, and may also order compensation:

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(1) Withholding or delaying workers’ wages without reason;

(2) Refusing to pay workers wages for extended working hours;

(3) Low wages Pay wages to workers at the local minimum wage standard;

(4) Failure to provide economic compensation to workers in accordance with the provisions of this law after the labor contract is terminated.

Article 92 If the employer’s labor safety facilities and labor hygiene conditions do not comply with national regulations or it fails to provide workers with necessary labor protection supplies and labor protection facilities, the labor administrative department or relevant departments shall Orders to make corrections may be punished with a fine; if the circumstances are serious, the people's government at or above the county level shall be requested to decide to order a suspension of production for rectification; if no measures are taken to deal with hidden dangers, resulting in a major accident and loss of workers' lives and property, the responsible persons shall be punished in accordance with Article 1 of the Criminal Law Criminal liability shall be pursued in accordance with the provisions of Article 187.

Article 93 If an employer forces workers to work in violation of regulations and risks, causing serious casualties and serious consequences, the responsible personnel shall be held criminally responsible in accordance with the law.

Article 94 If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine; if the circumstances are serious, the industrial and commercial administrative department shall revoke its business license. .

Article 95 If an employer violates the provisions of this Law on the protection of female employees and minors and infringes upon their legitimate rights and interests, the labor administrative department shall order it to make corrections and impose a fine; If damage is caused during work, the worker shall be liable for compensation.

Article 96 If an employer commits any of the following acts, the public security organs shall detain the responsible personnel for not more than 15 days, fine them, or give a warning; if a crime is constituted, the responsible personnel shall be held criminally responsible in accordance with the law: < /p>

(1) Forced labor by means of violence, threats or illegal restriction of personal freedom;

(2) Insult, corporal punishment, beating, illegal search and detention of workers.

Article 97 If an invalid contract is concluded due to the employer’s fault and causes damage to the employee, the employer shall be liable for compensation.

Article 98 If an employer violates the conditions stipulated in this Law to terminate a labor contract or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; if it causes damage to workers, it shall bear liability for compensation. .

Article 99 If an employer recruits workers whose labor contracts have not been terminated and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law.

Article 100 If an employer fails to pay social insurance premiums without any reason, the labor administrative department shall order it to pay within a time limit; if it fails to pay within the time limit, late payment fines may be imposed.

Article 101 If an employer unreasonably obstructs the labor administration department, relevant departments and their staff from exercising their power of supervision and inspection, and retaliates against whistleblowers, the labor administration department or relevant departments shall impose a fine; this shall constitute a crime. , the responsible persons will be held criminally responsible in accordance with the law.

Article 102 If an employee violates the conditions stipulated in this law to terminate the labor contract or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall bear liability for compensation in accordance with the law.

Article 103. If a staff member of the labor administration department or relevant department abuses his or her power, neglects his duties, or engages in malpractice for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, he shall be given administrative sanctions.

Article 104. If state functionaries and staff of social insurance fund handling agencies misappropriate social insurance funds, thereby constituting a crime, they shall be held criminally responsible in accordance with the law.

Article 105. Violation of the provisions of this Law and infringement of the legitimate rights and interests of workers, and penalties provided for by other laws and administrative regulations, shall be punished in accordance with the provisions of such laws and administrative regulations.

Chapter 13 Supplementary Provisions

Article 106 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with this Law and the actual conditions of the region, stipulate the implementation steps of the labor contract system. Report to the State Council for filing.

Article 107 This Law shall come into effect on January 1, 1995.