中华人民共和国劳动法（二）

　　Article 49 The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner：

　　（1） the lowest living expenses of laborers themselves and the average family members they support；

　　（2） the average wage level of the society as a whole；

　　（3） labor productivity；

　　（4） the situation of employment； and

　　（5） the different levels of economic development between regions.

　　Article 50 Wages shall be paid monthly to laborers themselves in cash. The wages paid to laborers shall not be deducted or delayed without justification.

　　Article 51 The employing unit shall pay wages according to law to laborers who observe statutory holidays， take leaves during the periods of marriage or funeral， or participate in social activities in accordance with the law.

　　Chapter VI Occupational Safety and Health

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

　　Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.

　　Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed， constructed and put into operation and use at the same time as the main projects.

　　Article 54 The employing unit must provide laborers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labor protection， and provide regular health examination for laborers engaged in work with occupational hazards.

　　Article 55 Laborers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.

　　Article 56 Laborers must strictly abide by rules of safe operation in the process of their work.

　　Laborers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations or force laborers to run risks in operation； laborers shall have the right to criticize， report or file charges against the acts endangering the safety of their life and health.

　　Article 57 The State shall establish a system for the statistics， reports and dispositions of accidents of injuries and deaths， and cases of occupational diseases. The labor administrative departments and other relevant departments of the people's governments at or above the county level and the employing unit shall， according to law， compile statistics， report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.

　　Chapter VII Special Protection for Female and Juvenile Workers

　　Article 58 The State shall provide female workers and juvenile workers with special protection.

　　“Juvenile workers” hereby refer to laborers at the age of 16 but not 18 yet.

　　Article 59 It is prohibited to arrange female workers to engage in work down the pit of mines， or work with Grade IV physical labor intensity as stipulated by the State， or other work that female workers should avoid.

　　Article 60 Female workers during their menstrual periods shall not be arranged to engage in work high above the ground， under low temperature， or in cold water or work with Grade III physical labor intensity as stipulated by the State.

　　Article 61 Female workers during their pregnancy shall not be arranged to engage in work with Grade III physical labor intensity as stipulated by the State or other work that they should avoid in pregnancy. Female

workers pregnant for seven months or more shall not be arranged to extend their working hours or to work night shifts.

　　Article 62 After childbirth， female workers shall be entitled to no less than ninety days of maternity leaves with pay.

　　Article 63 Female workers during the period of breast-feeding their babies less than one year old shall not bear ranged to engage in work with Grade III physical labor intensity as stipulated by the State or other labor that they should avoid during their breast-feeding period， or to extend their working hours or to work night shifts.

　　Article 64 No juvenile workers shall be arranged to engage in work down the pit of mines， work that is poisonous or harmful， work with Grade IV physical labor intensity as stipulated by the State， or other work that they should avoid.

　　Article 65 The employing unit shall provide regular physical examinations to juvenile workers.

　　Chapter VIII Vocational Training

　　Article 66 The State shall take various measures through various channels to expand vocational training undertakings so as to develop professional skills of laborers， improve their qualities， and raise their employment capability and work ability.

　　Article 67 People's governments at various levels shall incorporate the development of vocational training in the plans of social and economic development， encourage and support all enterprises， institutional organizations， societies and individuals， where conditions permit， to sponsor all kinds of vocational training.

　　Article 68 The employing unit shall establish a system for vocational training， raise and use funds for vocational training in accordance with the provisions of the State， and provide laborers with vocational training in a planned way and in the light of the actual situation of the unit.

　　Laborers to be engaged in technical work must receive pre-job training before taking up their posts.

　　Article 69 The State shall determine occupational classification， set up professional skill standards for the occupations classified， and practise a system of vocational qualification certificates. Examination and verification organizations authorized by the government are in charge of the examination and verification of the professional skills of laborers.

　　Chapter IX Social Insurance and Welfare

　　Article 70 The State shall develop social insurance undertakings， establish a social insurance system， and set up social insurance funds so that laborers may receive assistance and compensations under such circumstances as old age， illness， work-related injury， unemployment and child-bearing.

　　Article 71 The level of social insurance shall be in proportion to the level of social and economic development and the social affordability.

　　Article 72 The sources of social insurance funds shall be determined according to the categories of insurance， and an overall pooling of insurance funds from the society shall be introduced step by step. The employing unit and laborers must participate in social insurance and pay social insurance premiums in accordance with the law.

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

　　（1） retirement；

　　（2） illness or injury；

　　（3） disability caused by work-related injury or occupational disease；

　　（4） unemployment； and

　　（5） child-bearing.

　　The survivors of the insured laborers shall be entitled to subsidies for survivors in accordance with the law.

　　The conditions and standards for laborers to enjoy social insurance benefits shall be stipulated by laws， rules and regulations.

　　The social insurance amount that laborers are entitled to， must be timely paid in full.

　　Article 74 The agencies in charge of social insurance funds shall collect， expend， manage

and operate the funds in accordance with the stipulations of laws， and assume the responsibility to maintain and raise the value of these funds.

　　The supervisory organizations of social insurance funds shall exercise supervision over the revenue and expenditure， management and operation of social insurance funds in accordance with the stipulations of laws.

　　The establishment and function of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be stipulated by laws.

　　No organization or individual shall be allowed to misappropriate social insurance funds.

　　Article 75 The State shall encourage the employing unit to set up supplementary insurance for laborers according to its practical situations.

　　The State shall advocate that laborers practise individual insurance in form of saving account.

　　Article 76 The State shall develop social welfare undertakings， construct public welfare facilities， and provide laborers with conditions for taking rest， recuperation and rehabilitation.

　　The employing unit shall create conditions so as to improve collective welfare and raise welfare treatment of laborers.

　　Chapter X Labor Disputes

　　Article 77 Where a labor dispute between the employing unit and laborers takes place， the parties concerned may apply for mediation or arbitration or take legal proceedings according to law， or may seek for a settlement through consultation.

　　The principle of mediation shall apply to the procedures of arbitration and lawsuit.

　　Article 78 The settlement of a labor dispute shall follow the principle of legality， fairness and promptness so as to safeguard in accordance with the law the legitimate right

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