• Chinese Workersasian business people image by huaxiadragon from Fotolia.com
  
  The Labour Law of the People’s Republic of China, in effect since January 1, 1995, details the relationship between the state, employers and employees. Special focus is paid to anti-discrimination and protection of employees. The law creates a welfare-type system and establishes maximum labor hours.
  
  

Discrimination Policy

• The Labour Law of the People’s Republic of China prohibits employers from discriminating against workers because of their nationality, race, sex or religious beliefs. Article 13 of the law, specifically states that employers may not treat women any differently than their male co-workers unless it is in a protective way. In addition, no one under the age of 16 may work.
  
  

Labor Contracts

• Employers and employees must agree on a labor contract. These contracts specify the rights, interests and obligations of each party. Contracts may not ignore other labor laws, such as the anti-discrimination articles. If a contract is found to be illegal in any way, it will be nullified. Contracts only become legally binding when they fully abide by all other laws.
  
  

Working Hours, Rests, and Leaves

• Employees may not work more than eight hours a day, 44 hours a week, or six days a week, and employers may not try to force them to. Employers must arrange rests for their employees during holidays. If special conditions arise, employers may increase their workers’ hours by three hours a day, as long as the total extra hours do not exceed 36 hours per month. Extra hours must be paid at a higher rate than regular hours. After working for an employer continuously for one year, an employee is entitled to annual leaves with pay.
  
  

Wages

• Workers receive a minimum wage, which is adjusted with respect to the lowest living costs for a worker and his or her family, the average wage level of the entire society, and the productivity and economic development of a region. Works must be paid monthly. Employers must pay workers during legal holidays or during times of mourning or marriage leave.
  
  

Protection for Women and Juvenile Workers

• Chinese labor law gives special attention to women and juveniles. Women may not engage in physical labor that is classified as Grades III or IV in intensity. In addition, women may not work underground or in mines. Women who are seven or more months pregnant may not be asked to work night shifts or to prolong their day shifts. They also may not be asked to work night shifts when they are breast-feeding. Women are entitled to a maternity leave of at least 90 days. Women are also not allowed to work high above the ground, under extremely low temperatures, or in cold water during their menstrual periods.
  
  Juveniles may not work under wells at mines or engage in poisonous or harmful work. They also may not engage in Grade IV physical labor. Underage workers must undergo regular physical examinations, paid for by their employers.
  
  

Social Insurance and Welfare

• Article 70 of the law establishes a social insurance system. Workers may collect compensation when they retire, suffer diseases or work-related injuries, lose their jobs or give birth. The law mandates that both employers and workers must help pay for social insurance. If a worker dies, his dependents may accept his compensation.