外商投资企业劳动管理规定 Administration of Labour in Foreign Investment Enterprises Provisions

劳部发[1994]246号
（Promulgated by the Ministry of Labour and Ministry of Foreign Trade and Economic Co-operation on， and effective as of， 11 August 1994.）
颁布日期：19940811 　实施日期：19940811 　颁布单位：劳动部、 对外贸易经济合作部

　　Article 1　These Provisions are formulated in accordance with State laws and administrative regulations in order to safeguard the lawful rights and interests of foreign investment enterprises （hereafter， “enterprises”） and their staff and workers， and to establish， maintain and develop a stable and harmonious labour relationship between enterprises and their staff and workers.

　　Article 2　These Provisions shall apply to Sino-foreign equity joint ventures， Sino-foreign co-operative joint ventures， wholly foreign-owned enterprises and Sino-foreign companies limited by shares established within the territory of the People's Republic of China as well as to their staff and workers.

　　Article 3　The labour administration authorities of the People's Governments at and above the county level shall supervise enterprises in their employment and training of personnel， wages， insurance， fringe benefits， labour safety， labour health， etc. in accordance with these Provisions.

　　Article 4　The rules and regulations formulated by an enterprise may not violate State laws and administrative regulations.

　　Article 5　Enterprises may autonomously decide the time， terms and conditions and methods of recruiting staff and workers as well as the number of such staff and workers to be recruited， in accordance with relevant State laws and administrative regulations.

　　When an enterprise recruits staff and workers， it may recruit from an employment agency （office） recognized by the labour authorities of the place where such enterprise is located. Subject to the consent of the local labour administration authorities， enterprises may also recruit directly or from other areas.

　　Enterprises may not recruit staff and workers who have not been discharged from previous employment. The use of child labour is forbidden.

　　Article 6　When an enterprise recruits staff and workers， it shall recruit Chinese staff and workers within the People's Republic of China. Where there is definitely a need to recruit foreign personnel or personnel from Taiwan， Hongkong or Macao， approval of the local labour administration authorities must be obtained and other relevant procedures for obtaining employment certificates carried out in accordance with relevant State regulations.

　　Article 7　Enterprises shall establish a professional training system and provide professional training for their staff and workers. Staff and workers who are involved in technical work or require special technical skills must receive training and hold a certificate relevant to their positions. Training funds must be allocated and used in accordance with relevant State regulations.

　　Article 8　A labour contract shall be entered into between individual staff and workers and enterprises in writing. Labour unions （where there are no labour unions， worker representatives shall be elected） may represent staff and workers in concluding collective contracts with enterprises on matters concerning labour wages， working hours， leave， labour safety and health， insurance， fringe benefits， etc. through consultations and negotiations.

　　The content of a labour contract and collective contract shall conform with relevant State laws and administrative regulations.

　　Article 9　Labour contracts shall be submitted to the local labour administration authorities for certification within one month of signing. Collective contracts shall be submitted to the local labour administration authorities for the record upon signing. Where the labour administration authorities do not raise any objection within 15 days of receiving a collective contract， such contract shall become effective immediately.

　　Artic

le 10　When a labour contract expires or when any of the conditions agreed by the two parties for termination of a labour contract occurs， such labour contract shall immediately terminate. Labour contracts may be renewed subject to agreement of both parties.

　　Both parties must reach an agreement through consultations on the amendments of a labour contract， and carry out procedures for amending such labour contract. The amendments to a labour contract may be determined by the parties through consultations.

　　Article 11　An enterprise， a staff member or worker may terminate a labour contract in any of the following circumstances：

　　1. the parties to a labour contract have reached a consensus；

　　2. an enterprise may terminate a labour contract where the employment conditions were not met during the probation period； the staff member or worker failed to perform the labour contract， seriously breached labour discipline or legally formulated rules and regulations of the enterprise or the staff member or worker underwent re-education through labour or were convicted of a criminal offense； or

　　3. the staff member or worker may terminate a labour contract where the enterprise induced forced labour through violence， threats， imprisonment or any other means which jeopardized the personal freedom of the staff member or worker or the enterprise failed to perform the labour contract or violated State laws and administrative regulations， thereby infringing upon the lawful rights and interests of the staff member or worker.

　　Article 12　After soliciting the opinion of a labour union， an enterprise may terminate a labour contract in any of the following situations， provided that it informs the staff member or worker of a notice in writing 30 days in advance：

　　1. the staff member or worker fell ill or sustained a non-industrial injury and could not resume his original work or engage in other work arranged by the enterprise after expiration of the period of medical treatment；

　　2. the staff member or worker was not able to work competently after receiving training or being transferred to another job；

　　3. a change occurring in any of the objective circumstances under which the labour contract was concluded caused such contract impossible to be performed， and the parties were unable to reach an agreement on amendments of such contract after consultations； or

　　4. other circumstances provided for in laws and administrative regulations.

　　Article 13　An employing unit may not rescind a labour contract where staff and workers have contracted an occupational disease or sustained an industrial injury and have been confirmed to have lost all or part of their work capability， staff and workers have contracted an illness during a stipulated period of medical treatment， and female staff and workers are in their pregnancy， confinement or nursing period. If staff members or workers who have contracted an occupational illness or sustained an occupational disability request termination of their labour contracts， enterprises shall pay an employment and resettlement fee as a result of occupational disability to the social insurance institution in accordance with local government regulations.

　　The time bar for medical treatment of staff and workers who have contracted occupational diseases or sustained non-industrial injuries shall be that specified in the existing regulations.

　　Article 14　The distribution of wages by an enterprise shall be in accordance with the principle of equal pay for equal work. The wage levels of staff and workers shall be increased annually on the basis of the economic development of such enterprise. The wage levels of staff and workers shall be determined by such enterprise through collective negotiations and in accordance with the wage guidelines issued by the local People's Government or labour administration authorities.

　　The minimum wage of staff and workers for the statutory working time may not be lower than the local minimum wage standard.

　　Article 15　Enterprises must pay the salaries of staff and workers in currency on time and in full. Salaries shall be paid at least once a month， with income tax payable by staff and workers to be withheld.

　　Article 16　Enterprises shall compile labour wage statistics in accordance with relevant regulations and shall such statistics to the local labour administration authorities， finance authorities， statistics authorities and departments in charge of the enterprises.

　　Article 17　Enterprises must join social insurance schemes for pension， unemployment， medical， industrial and maternity insurance， etc. in accordance with relevant State regulations， and shall pay on time social insurance premiums in full to the social security institutions in accordance with standards determined by the local People's Governments. Insurance premiums shall be entered as expenses in accordance with State regulations. Staff and workers shall also individually pay pension insurance premiums in accordance with relevant regulations.

　　Article 18　Enterprises shall establish a system for Labour Handbooks and Pension Insurance Handbooks for staff and workers， in which they shall record the term of service， wages and details of the payment of premiums for and proceeds of social insurance such as pension， unemployment， industrial and medical insurance， of their staff and workers.

　　Article 19　Enterprises shall pay a lump-sum of living subsidies to staff and workers whose labour contracts have been rescinded in accordance with item （1） or （3） of Article 11 of these Provisions or in accordance with Article 12 of these Provisions. Where labour contracts have been rescinded in accordance with

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