Regulations of the Shenzhen Special Economic Zone on the Promotion of the Harmonious Labor Relationship

 2018-05-26  77


Regulations of the Shenzhen Special Economic Zone on the Promotion of the Harmonious Labor Relationship

  • Document NumberAnnouncement No. 83 of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress
  • Area of Law Trade Unions
  • Level of Authority Regulations of Special Economic Zones
  • Date issued10-06-2008
  • Effective Date11-01-2008
  • Status Effective
  • Issuing Authority Shenzhen City People's Congress (incl. Standing Committee)


Announcement of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress
(No. 83)
The Regulations of the Shenzhen Special Economic Zone on the Promotion of the Harmonious Labor Relationship, Adopted at the 22th Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on September 23, 2008, is hereby promulgated and shall come into effect on November 1, 2008.
October 6, 2008
Regulations of the Shenzhen Special Economic Zone on the Promotion of the Harmonious Labor Relationship
Chapter I General Provisions
Article 1 In order to protect the legal rights and interests of laborers, maintain and promote the harmony and stability of the labor relationship, these regulations are hereby formulated in the light of the specific conditions and actual needs of the Shenzhen Special Economic Zone
hereinafter referred to as the Special Zone and in accordance with the Constitution and the basic principles of law, regulations such as Labor Law of the People's Republic of China, Labor Contract Law of the People's Republic of China, Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, Regulations of the People's Republic of China on the Implementation of the Labor Contract Law, etc.
Article 2 These regulations shall apply to the organizations such as enterprises, individual economic organizations, civilian-run non-enterprise units, etc.
hereinafter referred to as employer units within the Special Zone and the laborers who have established the labor relationship with these organizations.
Government offices, institutions, social organizations, and the laborers who have established the labor relationship with them shall comply with these regulations.
The labor relationship referred to in these regulations shall mean the jural relations deriving from the fact that employer units employ laborers as their members, and laborers under the management of employer units provide labor for which employer units pay remunerations.
Article 3 In the establishment of the harmonious and stable labor relationship, the principle of observance of law and self-disciplining by employer units and laborers, consultation on an equal footing, honesty and credibility, coexistence and win-win approach, fairness and justice shall be followed.
Article 4 The municipal, district people's governments
hereinafter referred to as the municipal, district governments shall regard the maintenance and promotion of the harmony and stability of the labor relationship as an important duty, listen to all the opinions from related parties such as employer units, laborers, labor unions, and trade associations, etc., study and work out the policies and measures related to the labor relationship, coordinate the labor relationship according to law, deal with labor disputes properly, and maintain the social stability.
People's courts, labor dispute arbitral agencies shall make prompt, fair adjudications on labor dispute cases according to law, and maintain the legal rights and interests of parties concerned.
Labor unions at various levels shall execute working duties stipulated by law, regulations, represent and maintain the legal rights and interests of laborers, and promote the establishment and development of the harmonious labor relationship.
Other government offices, institutions, social groups and social organizations shall actively participate in the establishment of the harmonious labor relationship.
Article 5 The municipal, district governments shall incorporate the propagation and education on labor law into their annual working plans, and further strengthen the propagation and education on labor law.
The municipal, district administrative departments of justice shall, jointly with the administrative departments of labor, labor unions etc. at the same level, carry out the propagation and education on labor law for the management personnel of employer units and laborers on a regular basis.
Chapter II Rights and Obligations of Employer Units and Laborers
Article 6 Employer units shall enjoy the following rights according to law:
1 to make rules and regulations;
2 to employ and manage laborers;
3 to participate in collective consultations;
4 the other rights stipulated by law, regulations.
Article 7 Employer units shall perform the following obligations according to law:
1 to respect laborers, to maintain laborers' personal dignity;
2 to pay for labor remuneration in full on time;
3 to guarantee laborers' rest and vacation;
4 to implement the rules on labor safety and hygiene;
5 to participate in social insurance;
6 the other obligations stipulated by law, regulations.
Article 8 Laborers shall enjoy the following rights according to law:
1 to have an equal opportunity of employment and to have a choice of occupation;
2 to obtain labor remuneration;
3 to take a rest and to have a vacation;
4 to have the protection for labor safety and hygiene;
5 to have training in occupational skills;
6 to join and organize labor unions;
7 to participate in collective consultations;
8 to ask for settlement of labor disputes;
9 the other rights stipulated by law, regulations.
Article 9 Laborers shall perform the following obligations according to law:
1 to work diligently, to complete the task of labor;
2 to abide by the rules and regulations made by employer units;
3 to implement the rules on labor safety and hygiene;
4 to observe occupational ethics;
5 to express appeals and to maintain rights and interests through lawful channels;
6 the obligations stipulated by law, regulations.
Article 10 Employer units and laborers shall conclude and fully perform labor
contracts according to law.
After concluding labor contracts with laborers, employer units shall provide for laborers the Chinese copies of labor contracts with complete contents; if the contents of labor contracts have been changed, the Chinese copies of changed labor contracts shall be provided for laborers.
Article 11 Employer units shall improve democratic management, safeguard the rights of laborers to carry out democratic management according to law through general meetings of employees, general meetings of employee representatives or in other lawful forms.
Employer units shall support laborers in organizing and joining labor unions according to law, and support labor unions in their activities which are in accordance with law.
Article 12 When employer units are drawing up, revising or deciding the rules and regulations directly related to the immediate and vital interests of laborers such as labor remuneration, work hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline, labor quota management, etc. and major matters, they shall ask general meetings of employee representatives or all employees to have discussion, make proposals and express opinions, and shall consult with labor unions or employee representatives on an equal footing and then make decisions.
Employer units shall publish the rules and regulations directly related to the immediate and vital interests of laborers to solicit opinions, or inform laborers of these rules and regulations, and provide the written copies of these rules and regulations for laborers.
If the rules and regulations of employer units are not in accord with labor contracts, the terms of labor contracts shall have priority to be applied.
Article 13 Employer units shall establish a system to have a dialogue with laborers. The persons in charge of employer units or their entrusted representatives shall listen to the opinions, proposals, and other reasonable appeals of laborers face to face.
Employer units may set up labor dispute mediation committees or groups consisting of employee representatives and employer unit representatives.
Article 14 Employer units shall bear the social responsibilities to protect the legal rights and interests of laborers, to protect environment, etc.
The municipal, district governments and related departments shall give impetus to the standardization of the social responsibilities of employer units, and establish a system to disclose the information of employer units' implementation of their social responsibilities and a mechanism of awards and incentives.
Employer units shall be encouraged to help and console laborers when they have difficulties.
Article 15 Laborers and employer units shall participate in social insurance according to law.
If employer units fail to pay the premium of laborers' social insurance according to law, laborers shall ask employer units to make payments according to law; if employer units fail to make payments within 1 month, laborers may cancel labor contracts and employer units shall pay for economic compensation according to law.
Article 16 If an employer unit takes an economic disciplinary action against a laborer according to its rules and regulations, the sum of one disciplinary action and the accumulative sum of disciplinary actions of that month shall not exceed 30% of the laborer's wages of that month, there shall be no more than one disciplinary action for the same disciplinary violation.
The monthly wages after disciplinary actions shall not be less than the minimum wage rate of the Special Zone published by the municipal government.
Article 17 When an employer unit and a laborer conclude a labor contract before employment and the laborer has not worked for the employer, if Section 3 of Article 40, Items
1), 2), 3), 4 of Section 1 of Article 41 of Labor Contract Law of the People's Republic of China apply, the employer unit may notify the laborer of cancellation of the contract ahead of time, and shall not have to pay for economic compensation but for the necessary expenses that the laborer has paid for concluding the contract and preparing its fulfillment.
When an employer unit and a laborer conclude a labor contract before employment and the laborer has not worked for the employer, if the employer unit has illegally cancelled the contract and the laborer requests to continue to fulfill the contract, the employer unit shall continue to fulfill the contract; if the laborer does not request to continue to fulfill the contract or the labor contract cannot be fulfilled, the employer unit shall pay for compensation as much as one month's wages and the necessary expenses that the laborer has paid for concluding the contract and preparing its fulfillment.
When an employer unit and a laborer conclude a labor contract before employment and the laborer has not worked for the employer, the laborer may notify the employer unit of the cancellation of the labor contract ahead of time.
Article 18 In case of renewing a fixed-term labor contract, an employer unit and a laborer shall consult with each other on renewing the labor contract 1 month before its expiration; if there is no agreement reached on renewing the labor contract through consultation, the employer unit or the laborer may terminate the labor relationship. But there is an exception for those who should conclude a labor contract without a fixed term according to law.
If an employer unit and a laborer have consulted with each other on renewing a labor contract for more than 6 months accumulatively, it shall be regarded as having renewed the labor contract.
Article 19 The change of the name, legal representative, person in charge, or investor of an employer unit shall not affect the fulfillment of labor contracts, the working seniority of laborers shall be calculated as a continuing one.
Article 20 For the laborers who have the obligation to keep secrets, employer units may, in labor contracts or agreements on secret information with the laborers, provide for prohibition of business strife, and stipulate that after cancelling or terminating labor contracts, the laborers shall be granted economic compensation every month within the term of prohibition of business strife.
If an employer unit fails to pay for economic compensation according to the previous section, a laborer may, within 30 days from the date when the employer unit breaches the agreement, request the employer unit to make a lump-sum payment for the economic compensation which has not been paid and continue to fulfill the agreement; the laborer who has not requested the lump-sum payment within 30 days may notify the employer unit of the cancellation of the agreement on prohibition of business strife.
Article 21 The units which are engaged in labor service dispatching shall register their establishment and the changes of their business scope according to law.
The administrative department of industry and commerce shall send a copy of registered materials to the administrative department of labor within 10 business days.
Article 22 Employer units shall abide by the rules of the state on the working hours of laborers to ensure the rights of laborers to have a rest and vacations, and guarantee that laborers will have at least a 24-hour uninterrupted rest every week.
If it is needed in production and operation, employer units may, through consultation with labor unions and laborers, extend working hours according to law, but the health of laborers shall be ensured.
Article 23 The base used to calculate the overtime wages of a laborer shall be the wages that the laborer should be paid for regular time work according to the labor contract.
The wages that a laborer should be paid for regular time work according to the contract shall not be less than the minimum wages rate of the Special Zone that is published by the municipal government.
Article 24 If a employer unit and a laborer conclude a new labor contract within 6 months from the date when they cancelled or terminated their old labor contract, the working seniority of the laborer at the unit shall calculated as a continuing one except for those laborers whose violation of Article 39 of Labor Law of the People's Republic of China led to the cancelation of the labor contract by the employer unit.
In case of calculating the working seniority according to the previous section, the number of years when economic compensation has been paid shall be deducted from the number of years of economic compensation.
Article 25 The labor contract shall be terminated when a laborer reaches the statutory age of retirement.
If a laborer who reaches the statutory age of retirement enjoys a monthly pay from the old-age social insurance, the employer unit shall notify the laborer of the request for cooperation in processing the retirement, and the laborer shall cooperate.
If a laborer who reaches the statutory age of retirement does not enjoy a monthly pay from the old-age social insurance, the benefits of the old-age social insurance that the laborer should enjoy shall be provided according to Regulations of the Shenzhen Special Zone on the Old-Age Social Insurance of the Employees of Enterprises.
Chapter III Collective Consultations in the Labor Relationship
Article 26 The collective consultations and collective contract system shall be brought into full play. Employer units and laborers shall be urged to conclude and change collective contracts, adjust labor remuneration, improve working conditions, solve labor disputes through collective consultations.
Employer unit shall have collective consultations with labor unions or employee representatives on the following matters:
1 the matters related to collective contracts such as labor remuneration, labor safety and hygiene, insurance benefits, wages adjustment mechanism, etc.;
2 the change, revision, or determination of the regulation and rules or major mattes directly related to the immediate and vital interests of laborers;
3 the prevention and settlement of labor disputes;
4 the other matters on which both parties think they should consult with each other.
The municipal, district departments of labor, labor unions at various levels shall
guide and coordinate collective consultations according to needs.
Article 27 Employer units shall provide necessary conditions and information needed for collective consultations. Labor unions or employee representatives participating in consultations shall keep confidential the commercial secrets of employer units that they learn in consultations.
The necessary conditions referred to in the previous section shall mean making arrangements to have a place for a collective consultation, not using the time of rest of the laborers participating in a collective consultation, guaranteeing that the wages of laborers participating collective consultations shall not be adversely affected, etc.; the information referred to in the previous section shall include the total sum of wages, operation expenses, financial position, plans for technological transformation and renewal of equipment, premium payment for social insurance, expenditure of vocational training fund, etc.
If labor unions or employee representatives participating in collective consultations fail to keep the commercial secrets confidential according to the first section of this article, they shall be punished in the light of the agreement on secret information.
Article 28 One party of a collective consultation may request in writing the other party to have the collective consultation on the matters stipulated in the second section of Article 26 of these regulations. The other party shall reply in writing within 10 days from the date of receiving the request for the collective consultation, and shall not decline the collective consultation.
Article 29 The chief representatives of both parties in acollective consultation may entrust in writing the professionals not affiliated with their unit as their party's representatives for the consultation. But there is an exception to those who are prohibited to be entrusted according to law, regulations.
The number of entrusted persons for each party shall not be more than one third of the total number of each party's representatives.
Article 30 If there is a dispute in a collective consultation and both parties cannot solve it through the consultation, one party or both parties may request in writing the department of labor to coordinate the settlement.
Article 31 The items agreed on through collective consultation shall constitute the draft of a collective contract submitted to a general meeting of employee representatives or all employees for discussion and adoption.
A collective contract shall be reported to the department of labor after signing; if the department of labor does not raise an objection within 15 days from the date of receiving a copy of the collective contract, the collective contract takes effect immediately.
If a collective contract is signed at the same time when an individual signs a contract also, priority shall be given to the application of those provisions favorable to the laborer in a dispute.
Article 32 Regional labor unions and trade labor unions may represent laborers in collective consultations and signing collective labor contracts with the representatives of the employer units within the region, within the trade, or with the employer units themselves.
Article 33 Employer units shall have a collective consultation with labor unions or employee representatives on wages adjustments at least once a year. The result and rationale of the consultation shall be made public to laborers.
Chapter IV Service and Supervision in Labor Relationship Coordination
Article 34 The municipal, district governments shall establish, improve the tripartite mechanism to coordinate the labor relationship, form the municipal, district committees of labor relationship coordination to coordinate handling the major problems of labor relationship.
The committees of labor relationship coordination shall be composed of the municipal, district departments of labor, labor unions, and the representatives of employer unit organizations such as the federation of enterprises, federation of chambers of commerce, association of foreign-capital enterprises, etc.
The offices of the committees of labor relationship coordination shall be set up in the municipal, district departments of labor as working bodies of the committees of labor relationship coordination.
Article 35 The committees of labor relationship coordination shall hold meetings on a regular basis and deal with the following matters:
1 to study the current situation, trends, and conspicuous problems of the labor relationship;
2 to put forward the opinions and suggestions on the contents of law, regulations, rules, and policies related to the labor relationship;
3 to study the major issues in labor disputes and to put forward guiding opinions or suggestions;
4 to study how to promote collective consultations and collective contract system and to publish a copy of model collective contract;
5 the other matters stipulated by law, regulations.
The committees of labor relationship coordination shall publish work reports on a
regular basis, at least once a year.
Article 36 Under the leadership of the municipal, district governments, the municipal, district departments of labor shall provide the following public services for the labor relationship:
1 the employment service and employment aid;
2 the vocational skill training service;
3 to draw up and popularize a copy of model labor contract and to advise employer units how to conclude and perform contracts according to law;
4 to undertake the propagation and education on labor law;
5 the other services stipulated by law, regulations.
Article 37 The mechanism to make regular adjustments of laborers' wages shall
be established.
The municipal government shall take measures to raise the proportion of labor remuneration to the primary distribution of the national income and to make reasonable adjustments of the minimum wages rate of the Special Zone.
The municipal department of labor shall jointly with related departments put forward wages increase guidelines for different trades in accordance with the economic and social development, consumer price index, and the development of different trades, and publish the guidelines in the first quarter of every year. Employer units and labor unions or employee representatives shall, in the light of the operation of employer units, take the published wages increase guidelines for different trade as reference data for collective consultations and determination of wages adjustments through signing collective contracts.
Article 38 In accordance with the requirement of the state for setting up a unified system to transfer and continue the social insurance relationship, the municipal government shall establish the system to preserve social insurance information, promote and improve the social insurance system.
Article 39 The labor relationship credit system shall be established.
The municipal, district government shall give commendation and awards to the employer units which set a good example to abide by the law, regulations on labor and actively develop and promote the harmonious labor relationship.
The related departments shall impose punishments according to law on the employer units which seriously violate the law, regulations on labor by malicious failure to pay wages on time, going into hiding after the failure to pay wages, causing major safety and production accidents and occupational disease incidents.
Within 7 business days from the date of making a decision of administrative punishment, the department of labor shall inform the related office of the punishment to have it entered in the enterprise credit system. The credit information may be inquired.
For those which have illegal acts referred to in the third section of this article, the governments and related departments shall not accept their application for being appraised as outstanding and advanced enterprises within 5 years, and shall not grant them related honorary titles; shall not allow them to undertake government-investment projects, shall not allow them to participate in government purchasing; shall not approve their request for enjoying the related preferential policies of this city, shall terminate their current enjoyment of preferential policies; shall not allow their legal representatives or responsible persons to register new enterprises in the Special Zone within 5 years.
Article 40 The wages guaranty bond system shall be established in the construction industry. When applying for a construction permit, a construction unit shall retain a certain proportion of fund from its advance payment for project to the unit in charge of construction and deposit the fund in a special bank account as the wages payment guaranty bond. The department of construction shall be responsible for the management of the guaranty bond, and the department of labor shall be responsible for the supervision.
The wages payment guaranty bond shall be used specifically for paying the overdue wages of laborers that the unit in charge of construction fails to pay.
After a construction project is completed, if the department of labor does not find any failure to pay laborers' wages on time in its examination and verification, the construction unit may close the bank account of the guaranty bond.
The units in charge of construction which have failed to pay laborers' wages on time and refused to make corrections when the department of labor orders correction shall not be listed in the directory of government construction projects contractors within 5 years, if they are already listed there, their names shall be removed.
Specific implementation measures shall be worked out by the municipal government separately.
Article 41 The establishment of the early warning system to supervise the wages payment in the labor-intensive employer units shall be explored. The labor-intensive employer units shall be encouraged to pay laborers' wages through banks. The department of labor shall supervise the payment for wages.
Article 42 The labor employment information reporting system shall be established. Employer units shall promptly report the following information to the department of labor:
1 the basic information concerning employer units;
2 laborer roll;
3 the conclusion, cancellation, termination of labor contracts;
4 the basic information concerning the wages payment;
5 the basic information concerning the payment for social insurance premiums;
6 the employment of laborers through labor dispatching services;
7 the other information concerning the employment of laborers.
The procedure of information reporting shall be made simplified and convenient
for employer units.


Article 43 The municipal, district governments shall increase the forces in the supervision of labor security according to actual needs. If the supervision of labor security needs the cooperation of related departments, the related departments shall cooperate.
The department of labor shall strengthen the supervision of labor security according to law, establish and improve the system of labor security supervision and management, give impetus to the development of networking, informationization of labor security supervision, and reinforce the classified supervision.
The laborers whose legal rights and interests are infringed shall have the right to request the department of labor to deal with the infringement according to law. The department shall settle the matter by a set deadline, and inform the party concerned of the settlement in its reply.
If an employer unit violates the law, regulations on labor, any organization and individual shall have the right to make a report to the department of labor. The department of labor shall, according to the related rules, promptly accept the case, investigate and verify facts, and settle the matter according to law. If an informer wants a reply, the department of labor shall notify the informer of the settlement.
Article 44 When investigating and punishing the illegal acts of an employer unit, the department of labor shall have the right to request the employer unit to provide the related evidence materials; if it is necessary, the related evidence materials may be temporarily seized.
Article 45 The municipal, district governments shall organize related departments for inspections of the implementation of the law, regulations on labor in this administrative region on a regular basis, and make the results of inspections public to the society.
When having an inspection, the municipal, district governments shall listen to the opinions of labor unions, employer units, and employee representatives.
Article 46 Trade associations shall guide, supervise and urge member units to abide by labor law, regulations, work out copies of the guiding or model regulations and rules of employer units according to the features of different trades, and take measures such as circulating a notice of criticism, making a public censure, etc. according to their statute to punish those seriously violating labor law, regulations.
Chapter V Labor Dispute Settlement and Assistance
Article 47 If an employer unit and laborers have a labor dispute, both parties shall go through a full consultation and try hard to reach reconciliation.
Mediation shall be first used to deal with labor dispute cases. If mediation fails, adjudication shall be made promptly.
If an employer unit defaults on labor remuneration or fails to pay for labor remuneration in full, laborers may apply according to law to the people's court for a payment order, and the people's court shall issue the payment order according to law.
The people's court shall speed up the enforcement within a set deadline for the labor dispute cases of petition for enforcement.
There shall be no charge for the mediation and arbitration of labor disputes.
Article 48 The municipal, district governments shall establish and improve the joint action mechanism in dealing with the group disputes of labor and the joint conference system composed of related departments in order to promptly settle the group disputes of labor.
Article 49 The working mechanism to connect people's mediation, administrative mediation, and judicial mediation in dealing with labor disputes shall be established and improved.
The municipal administrative department of justice shall guide people's mediation organizations at various levels in the establishment and improvement of various working systems for the acceptance, transfer, entrustment, information feedback, mediation, etc. of labor disputes, and in the standardization of mediation documents and working process.
Various related departments shall establish the systems for joint mediation, labor dispute mediation transfer and entrustment, etc., and bring about the connection between the multiple forms of labor dispute mediation.
Article 50 The municipal, district committees of labor relationship coordination may organize the mediation of the labor disputes which have major impact. If an agreement is reached by the mediation and confirmed by an arbitral agency, the written arbitral mediation shall be worked out. If one party fails to implement the written arbitral mediation, the other party may apply to the people's court for enforcement.
Article 51 In the labor dispute cases involving claims for labor remuneration, industry injury medical cost, economic compensation, or damages, if a laborer applies for implementation in advance during an arbitration, the arbitral agency may make an award of implementation in advance, and relegate it to the people's court for enforcement; if a laborer applies to the people's court for attachment or implementation in advance, the people's court shall promptly take measures of judicial enforcement according to law. The laborer who applies for implementation in advance may not provide security.
After an employer unit is declared bankrupt, except for already paid cost for bankruptcy proceedings and debts of common benefit, insolvent properties shall be used first to pay for industrial injury medical costs and the labor remuneration of 3 months before the declaration of bankruptcy of the laborers whose monthly wages are lower than the last year's average monthly wages of employed workers and staff of this city. The obligees who enjoy security for the specific properties of insolvent properties shall enjoy priority of claim for the specific properties according to law.
Article 52 If labor disputes cause the collective stop, slowdown of work, labor unions shall represent laborers in the negotiation with employer units, report the opinions and requests of laborers, and propose a settlement. Employer units shall satisfy the reasonable requests of laborers.
If a labor union has not been established when the situation referred to in the previous section takes place, the labor union at a higher level shall represent laborers according to the division of duties in the negotiation with the employer unit or assign employee representatives to the negotiation.
Article 53 If labor disputes cause the collective stop, slowdown of work, and shutdown of factories, etc. in the employer units of water supply, power supply, gas supply, public transportation, etc., and lead or may lead to one of the following consequences, the municipal, district governments may, in accordance with the actual situation, issue orders requesting employer units or laborers to stop the acts and to restore the normal order:
1 to endanger public security;
2 to jeopardize the normal order of society and economy and the order of urban residents' life;
3 the other consequences which seriously jeopardize public interests.
30 days from the date of issuing the orders shall be regarded as a cooling-off period, both employer units and laborers shall not take any acts to intensify the conflicts within this period. The department of labor, labor unions, and related trade associations shall continue to organize the negotiation, mediation within this period in order to facilitate the reconciliation between employer units and laborers.
Article 54 When a labor dispute occurs, the labor union shall represent or help laborers in their participation in the mediation, provide legal advice for laborers, and support laborers in their application for arbitration or instituting a legal proceeding.
Article 55 If the laborers whose average monthly wages of 6 months before the labor dispute are lower than two times of the minimum wages rate of the Special Zone published by the municipal government apply for legal aid because of claims for labor remuneration and industrial injury medical cost, the legal aid institutions shall provide legal aid for them.
Article 56 When laborers need assistance during the period of arbitration and lawsuit because of the difficulty in living, the department of civil affairs shall give them assistance in the light of the rules on the administration of assistance.
Article 57 The municipal department of justice shall set the rates of lawyer service fee for labor dispute cases, the lawyers who act as procurators in labor dispute cases shall not charge more than the set rates. Lawyers shall not act as procurators in labor dispute cases by charging a contingent fee.
If any citizen acts as a procurator in the labor dispute case within the scope of legal aid, it shall be agreed to by the labor dispute arbitral agency or the people's court except as otherwise stipulated by law.
Article 58 If laborers win a case in a labor dispute arbitration and lawsuit, the lawyer's fee for procuration that laborers have paid may be born by the employer unit, but no more than 5,000 RMB; the part in excess of 5,000 RMB shall be born by laborers themselves.
Article 59 The people's procuratorates may support laborers in taking legal proceedings for major labor dispute cases.
The organizations such as the Communist Youth League, the Women's Federation, the Disabled Persons' Federation, etc. shall provide legal aid for the laborers who have difficulties, and, if it is necessary, support and help laborers to apply for arbitration and to take legal proceedings according to law.
Chapter VI Legal Liabilities
Article 60 If an employer unit, in violation of Article 7 of these regulations, fails to pay for labor remuneration in full on time, the department of labor shall impose punishments according to law; if one of the following situations applies, it shall be ordered to stop production, to close a business:
1 the number of persons whose labor remuneration is defaulted on reaches 30% of the all laborers of an employer unit;
2 the sum of the labor remuneration defaulted on exceeds the total of one-month wages of the all laborers of the employer unit whose labor remuneration is defaulted on;
3 the period of time when labor remuneration is defaulted on is more than 3 consecutive months.
Article 61 If an employer unit does not provide the Chinese copies of labor
contracts for laborers according to Article 10 of these regulations, the department of labor shall order correction within 5 days; if the correction has not been made after the deadline, a fine of 1,000 RMB per person shall be imposed.
Article 62 If the regulations and rules directly related to the immediate and vital interests of laborers, which are drawn up by an employer unit, violate law, regulations, the department of labor shall order correction within 30 days and give a warning; if the regulation and rules cause damages to laborers, the employer unit shall be held liable for compensation.
Article 63 If an employer unit, in violation of Article 16 of these regulations, takes an economic disciplinary action against laborers, the department of labor shall order the return of the part in excess of the stipulated sum of the action within 5 days; if the correction has not been made after the deadline, a fine of 1000 RMB per case shall be imposed.
Article 64 If an employer unit should conclude labor contracts without fixed term according to law and fails to do so, the department of labor shall order correction within 15 days; if the correction has not been made after the deadline, a fine of 2,000 RMB per person shall be imposed.
Article 65 If one of the following situations applies to an employer unit, the department of labor shall order correction within 5 days; if the correction has not been made after the deadline, a fine of more than 2,000 but less than 10,000 RMB shall be imposed:
1 in violation of Article 27 of these regulations, to fail to provide necessary conditions and information needed for collective consultations;
2 in violation of Article 28, to refuse to have collective consultations.
Article 66 If an employer unit, in violation of Article 42 of these regulations, fails
to report to the department of labor the information concerning the employment of laborers, the department of labor shall order correction within 15 days; if the correction has not been made after the deadline, a fine of 2,000 RMB shall be imposed.
Article 67 If employer units or laborers, in violation of Article 53 of these regulations, do not implement government orders, the public security organization shall impose punishments in respect to management of public security according to law.
Article 68 If fees are collected in violation of Article 57 of these regulations, the municipal, district departments of justice shall order correction and returning the overcharged fees to laborers.
Article 69 If the departments of labor or other related administrative departments and their staff, in violation of these regulations, fail to execute duties, the administrative responsibility of the responsible persons in charge and other directly responsible persons shall be investigated into according to law, regulations; if a crime is constituted, the judicial organization shall investigate into criminal responsibility according to law.
If labor unions and their staff fail to execute their legal duties, the labor unions at the same level or higher level shall order correction; if the circumstances are serious, reelections or recalls shall be carried out according to Labor Union Statute of the People's Republic of China.
Chapter VII Supplementary Provisions
Article 70 The municipal government may draw up the detailed rules for the implementation according to these regulations.
Article 71 If these regulations require the municipal government to draw up specific implementation measures and require related departments to make specific rules, the municipal government and related departments shall work them out within 12 months from the date when these regulations take effect.
Article 72 These regulations shall take effect as of November 11, 2008.