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

item （1） of Article 12 of these Provisions， medical subsidies shall be paid in addition to the living subsidies.

　　Article 20　The standards for living and medical subsidies shall be calculated on the basis of the term of service of the staff and workers in their enterprises. The living subsidies shall be paid on the basis of one month's actual wages of the staff member or worker for every full year of service. The medical subsidies shall be paid on the basis of three months' actual wages of the staff member or worker where he has not completed five years of service in the enterprise， and six months' actual wages where the period of service completed is over five years. Where a staff member's or worker's period of service in an enterprise is six months or more but less than a year， calculations shall be made one the basis of one year service.

　　The base for calculating and paying living and medical subsidies shall be calculated on the basis of the average monthly actual wages of the staff member or workers for the half year prior to the rescission of a labour contract.

　　Article 21　When an enterprise announces its dissolution in accordance with relevant regulations or terminates a labour contract according to an agreement of both parties， it shall pay the required living and social insurance premiums in a lump sum to the social insurance institution in accordance with the relevant regulations of the People's Government of the place where such enterprise is located， for staff and workers who have sustained industrial injuries or contracted occupational diseases and have been certified by a hospital to have been in medical treatment or recuperation； for staff and workers whose medical treatment has been completed but have been confirmed by the labour appraisal committee to have totally or partially lost the work capability； for dependants of staff and workers who are receiving pensions for such staff and workers who died at work； and for female staff and workers who are in their pregnancy， confinement or nursing period， and staff and workers who do not join any social insurance scheme.

　　Article 22　The fringe benefits of enterprise staff and workers while active shall be in accordance with relevant State regulations.

　　Article 23　Enterprises shall withdraw and use a housing fund for the Chinese staff and workers in accordance with regulations of the local People's Government.

　　Article 24　Staff and workers of enterprises shall enjoy leave such as festival holidays， public holidays， home leave， marriage leave， funeral leave， maternity leave for female staff and workers， etc. as specified by the State.

　　Article 25　Where a dispute arises between an enterprise and its labour union or workers' representative as a result of the conclusion of a collective contract， and such dispute cannot be resolved through consultations between the two parties， the local labour administration authorities may arrange for the parties to handle the dispute through consultations. Where a dispute arises as a result of the performance of a collective contract， and such dispute cannot be resolved through consultations between the two parties， application for arbitration may be made or a suit may be instituted according to law.

　　Article 26　Matters concerning labour disputes， labour safety and health， reporting and handling of accidents leading to industrial injuries， working hours， special protection for female staff and workers and minor workers， etc. in respect of an enterprise shall be handled in accordance with State regulations.

　　Article 27　An enterprise， a staff member or worker that breaches a labour contract， thereby infringing upon the interests of the other party and causing the other party to suffer losses shall be liable for compensation.

　　Article 28　Where an enterprise recruits a staff member or worker in violation of these Provisions， the local labour administration authorities may impose a fine on such enterprise of between five and ten times the average monthly wages of the recruited staff member or worker and may order the dismissal of such staff member or worker.

　　Article 29　Where the wages of the staff and workers of an enterprise are lower than the local minimum wage standard， the local labour administration authorities shall order rectification to be made within a time bar. The enterprise shall not only make up the wages in accordance with the minimum wage standard but also pay an amount of between 20 per cent and 100 per cent of the discrepancy between the actual wages and the minimum wage standard as compensation to the staff and workers. Where such enterprise refuses to make up the discrepancy between the actual wages paid and the minimum wage standard， and to pay compensation， a fine of between one and three times the said discrepancy and compensation shall be imposed on such enterprise.

　　Where an enterprise arbitrarily requires its staff and workers to work overtime， it shall immediately rectify the situation. Where no rectification is made， a fine shall be imposed at the rate of five times the hourly or daily average actual wages earned in that month by each staff member and worker on the basis of the stipulated total number of working hours.

　　Article 30　Enterprises that fail to carry out social insurance procedures for their staff and workers shall retroactively carry out such procedures within a time bar set by the labour administration authorities. Where social insurance premiums are not paid within a time bar， the enterprises shall pay on a daily basis an additional late-payment fine of 2 per cent of the amount payable from the first day of delayed payment. The late-payment fine shall be included in the social insurance premiums.

　　Article 31　Enterprises that violate provisions on labour safety and health shall be ordered to rectify the situation within a time bar or suspend business for reorganization， and shall be fined according to relevant regulations.

　　Article 32　Where labour inspection by the labour

administration authorities is obstructed or refused， a fine of less than 1 per cent of the monthly business and sales revenue shall be imposed.

　　Article 33　Local labour administration authorities may impose the aforesaid fines only if rectification is not made after a warning is issued.

　　Article 34　The aforesaid administrative fines shall be imposed by the labour administration authorities according to law. The amount of fines shall all be turned over to the State treasury.

　　Article 35　These Provisions shall apply to equity joint ventures， co-operative joint ventures， wholly-owned enterprises and companies limited by shares that were invested and established in mainland China by overseas Chinese and investors from Taiwan， Hongkong and Macao.

　　Article 36　The Ministry of Labour shall be responsible for the interpretation of these Provisions.

　　These Provisions shall become effective as of the date of promulgation. In the event of a conflict between previous regulations concerning the administration of labour in foreign investment enterprises and these Provisions， these Provisions shall prevail

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