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{{Short description|Primary source of labour law in China}}
The '''Labour Contract Law of the People's Republic of China''' (中华人民共和国劳动合同法) is the primary source of [[labour law]] in [[China]] and went into effect on January 1, 2008, following a series of staff-[[Dismissal (employment)|sacking]] [[scandal]]s in many companies. The [[Ministry of Human Resources and Social Security of the People's Republic of China]] is the responsible government department for administrating this law.▼
{{Infobox legislation
| short_title = Labour Contract Law of the People's Republic of China
| image = File:National Emblem of the People's Republic of China (2).svg
| long_title = Labour Contract Law of the People's Republic of China
| citation = [https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=76384 Labour Contract Law] (English)
| territorial_extent = [[People's Republic of China]] but excludes China's [[Special Administrative Regions]].
| enacted_by = [[Standing Committee of the National People's Congress]]
| date_enacted = June 29, 2007
| date_commenced = January 1, 2008
| amended_by = [https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/76384/112877/F1810845897/CHN76384%20Eng.pdf Labor Contract Law of the People's Republic of China (2012 Amendment)]
| summary = A law enacted in order to improve the labor contract system, define the rights and obligations of parties to a labor contract, protect the legitimate rights and interests
of workers, and establish and develop a harmonious and stable labor relationships.
| status = In force
}}
▲The '''''Labour Contract Law of the People's Republic of China''''' (《中华人民共和国劳动合同法》) is the primary source of [[labour law]] in [[China]] and went into effect on January 1, 2008, following a series of staff-[[Dismissal (employment)|sacking]] [[scandal]]s in many companies. The [[Ministry of Human Resources and Social Security of the People's Republic of China]] is the responsible government department for administrating this law.<ref>{{Cite book|last1=Hunter|first1=Christopher|url=https://books.google.com/books?id=rZXsf1eIIO4C&q=China+Labor+law+%22Article+36%22+working+hours&pg=PA107|title=Employment Law in China|last2=Lam|first2=Louisa|last3=Lin|first3=Ketong|date=2008|publisher=CCH Hong Kong Limited|isbn=978-988-17014-2-8|language=en}}</ref>
== The Law ==
While the enforcement of the law and its efficacity is sometimes questioned, the labor contract law promised to enable workers to get their employment granted only on basis of a contract, provide guidelines for standing working hour regulations of maximum 40 hours per week, non-tolerance for delayed payment of wages, relaxations in terms of paid leave etc.<ref>{{Cite web|last=|first=|date=|title=China's constitution appears headed for the growing list of taboo topics|url=https://www.scmp.com/news/china/article/1254349/chinas-constitution-appears-headed-growing-list-taboo-topics|archive-url=|archive-date=|access-date=2021-01-29|website=South China Morning Post|language=en}}</ref><ref>{{Cite news|last=|first=|date=|title=LABOR CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA|work=|url=https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/76384/108021/F755819546/CHN76384%20Eng.pdf|access-date=}}</ref><ref>{{Cite web|last=Shen|first=Joy|date=2018-09-19|title=Wages in China- Wide Differences Between Expat and Local Employees|url=https://www.fdichina.com/blog/wages-in-china/|access-date=2021-01-29|website=FDI China|language=en-US}}</ref><ref>{{Cite news|last=Tejada|first=Carlos|date=2009-02-04|title=Labor Activist: Why China Needs Collective Bargaining Now|language=en-US|work=Wall Street Journal|url=https://www.wsj.com/articles/BL-CJB-901|access-date=2021-01-29|issn=0099-9660}}</ref>
==
The [[All-China Federation of Trade Unions]] (ACFTU) had the major role in advancing the Labor Contract Law.<ref name=":0222">{{Cite book |last=Li |first=David Daokui |title=China's World View: Demystifying China to Prevent Global Conflict |date=2024 |publisher=[[W. W. Norton & Company]] |isbn=978-0393292398 |location=New York, NY |author-link=David Daokui Li}}</ref>{{Rp|page=67}} The ACFTU drafted the law and proposed it to the [[National People's Congress]].<ref name=":0222" />{{Rp|page=67}} The NPC conducted research trips to regions with labor-intensive industries like Guangdong.<ref name=":0222" />{{Rp|page=67}} After multiple rounds of formal discussions and informal negotiations and consultations, the law was passed.<ref name=":0222" />{{Rp|page=67}}
== Amendment ==▼
The Standing Committee of the [[11th National People's Congress]] adopted the decision on the Revision of the Labor Contract Law of the People's Republic of China ('Amendment'). The Amendment will take effect July 1, 2013,
Highlighted requirements include:▼
All [[Dispatched labor|labor dispatch agencies]] established after July 1, 2013, will need to meet these new local labor law requirements before they can start the company registration process. Existing agencies that are already licensed have until July 1, 2014, to meet all local labor law requirements before renewing their business registration.<ref>''[[The National Law Review]]''</ref>▼
▲==Amendment==
▲The Standing Committee of the National People's Congress adopted the decision on the Revision of the Labor Contract Law of the People's Republic of China ('Amendment'). The Amendment will take effect July 1, 2013, intended to provide better protection to workers employed by labor dispatching agencies. {{Citation needed|date=July 2013}}
▲Highlighted requirements include:
▲a. Labor dispatch agency must have a minimum registered capital of no less than RMB 2,000,000;<ref>http://www.china-briefing.com/news/2013/03/18/china-revises-labor-contract-law.html</ref>
▲b. Operate from a permanent business premise with facilities that are suitable to conduct its business;
▲c. have internal dispatch rules that are compliant with the relevant laws and administrative regulations;
▲d. Satisfy other conditions as prescribed by laws and administrative regulations; and
▲e. Apply for an administrative license and obtain approval from the relevant labor authorities.
== See also ==
▲All labor dispatch agencies established after July 1, 2013, will need to meet these new local labor law requirements before they can start the company registration process. Existing agencies that are already licensed have until July 1, 2014, to meet all local labor law requirements before renewing their business registration.<ref>National Law Review</ref>
* ''[[Labour Law of the People's Republic of China]]''
==
== External links ==▼
*[https://web.archive.org/web/20111006063406/http://en.cnci.gov.cn/Law/LawDetails.aspx?ID=6079&p=1 Text of the Labor Contract Law of the People's Republic of China] includes supplementary materials▼
▲{{Reflist|2}}
*[https://archive.today/20130415072639/http://www.ldht.org/ Labor Contract Law - The People's Republic of China Labor Contract Law Study Site] in Chinese▼
*[http://www.natlawreview.com/article/china-enacts-new-employment-law-affecting-employers-who-do-not-directly-employ-their China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers]
{{-}}
▲==External links==
▲*[http://en.cnci.gov.cn/Law/LawDetails.aspx?ID=6079&p=1 Text of the Labor Contract Law of the People's Republic of China] includes supplementary materials
▲*[http://www.ldht.org/ Labor Contract Law - The People's Republic of China Labor Contract Law Study Site] in Chinese
▲*[http://www.natlawreview.com/article/china-enacts-new-employment-law-affecting-employers-who-do-not-directly-employ-their China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers]
{{Economy of China}}
[[Category:Laws of China]]
[[Category:Labor relations in China]]
[[Category:Chinese labour law]]
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