Full Content of Labor Contract Law (Part 4)
Related articles:
Full Content of Labor Contract Law (Part 1)
Full Content of Labor Contract Law (Part 2)
Chapter VII Legal Liabilities
Article 80 In case an employer's bylaws in direct relation to the workers' interests is inconsistent with any law or regulation, it shall be order to make a correction by the labor administration department and shall be given a warning. If any damage occurs to the workers by the aforesaid bylaws, the employer shall assume the liability for compensation.
Article 81 If a labor contract provided by an employer fails to specify any of the mandatory clauses as requires to be contained in such contracts by this Law or if an employer fails to deliver the document of the labor contract to the worker, it shall be ordered to make a correction by the labor administration department. If any damage occurs to the worker, the employer shall assume the liability for compensation.
Article 82 If an employer fails to conclude a labor contract in written form with a worker in more than one month but less than one year after the date of starting to use him, it shall pay the worker double amount of his monthly salary.
If an employer fails to conclude a labor contract with a worker against this Law, it shall pay the worker double amount of his monthly salary, starting from the date on which a labor contract without fixed period should have been concluded.
Article 83 If any employer violates this Law because of stipulating the probation period with any worker, it shall be ordered to make a correction by the labor administration department. If the illegally stipulated probation has been performed, the worker shall be paid compensation by the employer in light of the time worked on probation beyond the statutory probation period, at the rate of the worker's monthly salary after probation.
Article 84 Where an employer violates this Law due to detaining any worker's resident identity card or other certificates, it shall be ordered by the labor administrative department to return the aforesaid certificates to the worker within a time limit and shall be punished according to law.
Where an employer is in violation of this Law due to collecting property from workers in form of guaranty or in any other excuse, it shall be ordered by the labor administrative department to return the aforesaid property to the workers within a time limit and shall be imposed upon a fine of no less than RMB 500 yuan but not more than RMB 2,000 yuan for each person. If any damage occurs to the workers, the employer shall bear the liability for compensation.
In the case of any lawful discharge or termination of the labor contract by a worker, if the employer retains the archives or other articles of the worker, it shall be punished under the provisions of the preceding paragraph.
Article 85 In the case of any of the following circumstances occurring to any employer, it shall be ordered by the labor administrative department to pay the remunerations, overtime remunerations or economic compensations within a time limit. If the remuneration is lower than the local minimum salary, the employer shall pay the shortfall. If payment is not made within the time limit, the employer shall be ordered to pay an extra compensation to the worker at a rate of not less than 50 percent and not more than 100 percent of the payable amount:
(1) It fails to timely pay a worker full remunerations as stipulated in the labor contract or prescribed by the state;
(2) It pays a worker the salary that is lower than the local minimum salary;
(3) It arranges overtime work but not pays overtime remunerations; or
(4) It discharges or terminates a labor contract without paying the worker the economic compensation in accordance with this Law.
Article 86 Where a labor contract has been confirmed as invalid in accordance with Article 26 of this Law, if any damage occurs to the other party, the party at fault shall be liable for compensation.
Article 87 Where any employer is in violation of this Law because of discharge or termination of the labor contract, a compensation shall be paid to the worker at the rate of twice of the economic compensations as prescribed in Article 47 of this Law.
Article 88 In the case of any of the following circumstances, an employer shall be given an administrative punishment. If there is any constituted crime, it shall be investigated for criminal liabilities. If any damage occurs to the worker, the employer shall bear the liability for compensation:
(1) Forcing the worker to work by way of violence, threat or illegal limitation of personal liberty;
(2) Illegally directing or ordering any worker to conduct dangerous operations that may imperil the worker's personal safety;
(3) Affronting, physically punishing, beating, illegally searching or detaining any worker; or
(4) Providing bad working conditions or a seriously polluted environment, leading to severe damages to the physical or mental health of workers.
Article 89 Where any employer is in violation of this Law because of failing to issue a certificate in written form for the discharge or termination of a labor contract to a worker, the labor administrative department shall order it to make a correction. If any damage occurs to the worker, it shall bear the liability for compensation.
Article 90 With respect to any worker that is in violation of this Law because of discharge of the labor contract, or is in violation of relevant stipulations of the labor contract concerning the confidentiality obligation or limitation of competition, he shall bear the liability for compensation if any loss occurs to the employer.
Article 91 Where any worker that has not discharged or terminated a labor contract with an employer yet is hired by another employer, if any loss occurs to the former employer, the new employer shall bear joint and several liability of compensation.
Article 92 In case any labor dispatch service provider is in violation of this Law, the labor administrative department and other relevant competent authorities shall order it to make a correction. In the case of any severe circumstances, it shall be imposed a fine of not less than RMB 1, 000 but not more than RMB 5, 000 per person and its business license shall be revoked by the administrative department for industry and commerce. If any damage occurs to the dispatched workers, the labor dispatch service provider and the accepting entity shall be jointly and severally liable for compensation.
Article 93 In the case of any committed violation or crime by an employer without the lawful business operation qualifications, it shall be investigated for legal liabilities. If the workers have already worked for the employer, the employer or its capital contributors shall pay the workers remunerations, economic compensations or indemnities as prescribed in this Law. If any damage occurs to the worker, it shall bear the liability for compensation.
Article 94 In case any worker is hired by an individual as a business operation contractor in violation of this Law, if any damage occurs to the worker, the contract-letting organization and the individual business operation contractor shall bear joint and several liability for compensation.
Article 95 Where the labor administrative department, or any other relevant administrative department, or any of the personnel thereof neglects its/his duties, fails perform the statutory duties or exercises its/his duties in violation of law, if any damage occurs to the worker or the employer, it/he shall bear the liability for compensation. The directly liable principal and other directly liable persons shall be given an administrative sanction. In the case of any constituted crime, they shall be investigated for criminal liabilities.
Chapter VIII Supplementary Rules
Article 96 With respect to any conclusion, performance, modification, discharge or termination of labor contract between a public institution and a worker under the labor system, it shall be subject to this Law, except that it is otherwise prescribed by any law, administrative regulation or by the State Council. If there is no such provision, it shall abide by the relevant provisions of this Law.
Article 97 With respect to any labor contract that has been concluded before the implementation of this Law and continues to exist on the implementation date of this Law, it shall be kept on performing. According to Subparagraph (3) of the second Paragraph of Article 14 of this Law, the number of consecutive times on which a labor contract with a fixed period is concluded shall be calculated from the first renewal of such contract to occur after the implementation of this Law.
If a labor relationship has been established before the implementation of this Law without concluding a labor contract in written form, the aforesaid contract shall be concluded within one month as of the date on which this Law comes into forth.
Where a labor contract that exists on the implementation date of this Law is discharged or terminated after the implementation of this Law, if any economic compensation shall be paid to the worker under Article 46 of this Law, the number of years for which the economic compensation is payable shall be calculated from the implementation date of this Law. If an employer shall pay economic compensation to a worker under relevant effective regulations before the implementation of this Law, it shall be handled subject to the relevant effective regulations at that time.