Regulations of Shenzhen Special Economic Zone on the Promotion of Harmonious Labor Relations
Regulations of Shenzhen Special Economic Zone on the Promotion of Harmonious Labor Relations
Regulations of Shenzhen Special Economic Zone on the Promotion of Harmonious Labor Relations
Announcement of the Standing Committee of the 4th Shenzhen Municipality People's Congress No. 83
October 6, 2008
Regulations of Shenzhen Special Economic Zone on the Promotion of Harmonious Labor Relations, adopted at the 22th meeting of the Standing Committee of the 4th Shenzhen Special Municipality People's Congress, are hereby promulgated and shall come into force on November 1, 2008.
Regulations of Shenzhen Special Economic Zone on the Promotion of Harmonious Labor Relations
Chapter I General Provisions
Article 1 In order to protect legitimate rights and interests of employees, to maintain and promote the harmony and stability of Labor Relations, these Regulations are formulated in light of specific conditions and actual circumstances of the Shenzhen Special Economic Zone (hereinafter referred to as the "Special Zone") in accordance with the provisions of the Constitution and basic principles of laws and administrative regulations such as the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes and the Implementing Regulations of the Labor Contract Law of the People's Republic of China.
Article 2 These Regulations shall be applied to organizations in the Special Zone, such as enterprises, individual economic organizations and private non-enterprise units ("Employer" for singular and "Employers" for plural henceforth), and employees who establish labor relations therewith.
State organs, public institutions, and social groups and the employees who have labor relations therewith shall follow these Regulations.
Labor relations in these Regulations refer to rights and obligations arising between Employers and employees as Employers recruit employees as their members, and employees provide labor which is paid by Employers.
Article 3 To establish harmonious and stable labor relations, the principles abiding by the law and self-disciplining, consultation on the basis of equality, honesty and credibility, mutual development and mutual benefits, and fairness and just shall be followed by Employers and employees.
Article 4 Municipal and district people's governments (hereinafter referred to as "municipal and district governments") shall take the maintenance and promotion of the harmony and stability of labor relations as an important duty, hear a wide variety of views from related parties such as Employers, employees, labor union organizations and industry associations, study and formulate policies and measures in relation to labor relations, coordinate labor relations, and properly deal with employment disputes to maintain social stability.
People's courts, labor dispute arbitration institutions shall promptly and justly make judgments on labor disputes, and protect the legitimate rights and interests of parties involved.
Labor union organizations at all levels shall perform their functions as provided in laws and regulations, represent and protect legitimate rights and interests of employees, and promote the establishment and development of harmonious labor relations.
Other state organs, public institutions, social communities and social organizations shall play active parts in establishing and promoting harmonious labor relations.
Article 5 Municipal and district governments shall incorporate the publicity and education on labor laws into annual plans and put more efforts in the publicity and education on labor laws.
Justice administrative departments at municipality and district levels shall, together with labor administrative departments at the same level, labor union, and etc., carry out the publicity and education on labor laws to the managements and employees of Employers.
Chapter II Rights and Obligations of Employers and Employees
Article 6 Employers enjoy the following rights according to law:
1. To formulate rules and regulations;
2. To recruit and manage employees;
3. To take part in collective consultations; and
4. Other rights stipulated by laws and regulations.
Article 7 Employers shall fulfill the following obligations according to law:
1. Respecting employees, maintain personal dignity of employees;
2. Promptly paying the full amount of remuneration;
3. Ensuring employees to enjoy the rights of rest and vocation;
4. Implementing regulations on occupational safety and hygiene;
5. Participating in social insurance; and
6. Other obligations stipulated by laws and regulations.
Article 8 Employees enjoy the following rights according to law:
1. Being equally employed and choosing career freely;
2. Receiving remuneration;
3. Having rests and vocations;
4. Access to labor safety and health protection;
5. Receiving vocational training;
6. Joining and organizing trade unions;
7. Participating in collective consultations;
8. Submitting employment disputes for treatment; and
9. Other rights stipulated by laws and regulations.
Article 9 Employees shall fulfill the following obligations according to law:
1. Working hard to accomplish labor tasks;
2. Abiding by rules and regulations formulated by Employers in accordance with the law;
3. Implementing regulations on occupational safety and hygiene;
4. Abiding by professional ethics;
5. Legally expressing claims and protecting rights and interests; and
6. Other obligations stipulated by laws and regulations.
Article 10 Employers and employees shall conclude and fully perform labor contracts according to law.
After concluding a labor contract with an employee, an Employer shall provide the employee with the complete Chinese version of the labor contract; if the content of the labor contract is amended, the Employer shall provide the employee with the Chinese version of the amended labor contract.
Article 11 Employers shall, in accordance with the law, adopt forms as the assembly of employees, the assembly of employee representatives or other legitimate forms to improve the democratic management and to protect the employees' rights of democratic management in accordance with the law.
Employers shall support employees to organize, set up and join trade unions in accordance with the law and support labor union organizations to lawfully conduct activities.
Article 12 In making, amending or deciding rules and regulations and material issues in relation to issues having direct bearings on the immediate interests of employees, such as remuneration, working hours, rest and vocation, occupational safety and hygiene, insurance and welfare, vocational training for employees, labor discipline and management of work quota, an Employer shall submit such rules and regulations and issues to be discussed by the assembly of employee representatives or all employees to advance proposals and opinions, and shall agree thereon with the trade union or employee representatives upon consultations on the basis of equality.
Employers shall publicize or inform employees the rules and regulations having direct bearings on the immediate interests of such employees, and provide such employees with written texts.
Where there is any discrepancy arising between the rules and regulations formulated by an Employer and provisions in labor contracts, the provisions in the labor contracts shall prevail.
Article 13 Employers shall establish the mechanism of having dialogues with employees. Persons in charge of the Employer or representatives entrusted thereby shall hear opinions, suggestions and other reasonable claims from employees in person.
Employer shall, based on actual needs, set up an employment disputes mediation committee or group which consists of employee representatives and representatives of the Employer.
Article 14 Employers shall bear the responsibilities of the protection of employees' legitimate rights and interests, and social responsibilities such as environment protection.
Municipal and district governments and relevant departments shall advance the construction of the standardization of Employers' social responsibilities, and establish information disclosure systems on Employers' performance of social responsibilities and incentive mechanisms.
Employers are encouraged to assist and comfort those employees who are in trouble.
Article 15 Employers and employees shall participate in the social insurance in accordance with the law.
Where an Employer fails to pay social insurance premiums for an employee, the employee shall require the Employer to make the payment in accordance with the law; where the Employer fails to make such payment within one month as required, the employee may terminate the labor contract, and the Employer shall pay such employee economic compensations in accordance with the law.
Article 16 Where an Employer carries out economic sanctions on an employee in accordance with relevant rules and regulations, the amounts of each individual sanction and the accumulated sanction of the month shall not exceed thirty percent of the salary of the current month of the employee, and the punishment shall not be repeated for the same violation.
The monthly salary with which a sanction has been carried out shall not be lower than minimum wage standard of the Special Zone publicized by the municipal government.
Article 17 Where an Employer and an employee conclude an labor contract before the employee commences to work for the Employer but the work has not begun, and any of the circumstances stipulated in Item 3 of Article 40 and Items 1 (1), (2), (3) and (4) of Article 41 of the Labor Contract Law of the People's Republic of China happens before the employee commences to work for the Employer but the work has not begun, the Employer may inform the employee to terminate the labor contract in advance, without paying any economic compensation, but shall pay the employee necessary expenditures the employee has spent for the conclusion and the preparation of the performance of the labor contract.
Where an Employer and an employee conclude a labor contract before the employee commences to work for the Employer but the work has not begun, if the Employer dissolves the labor contract illegally and the employee requires to continue performing the labor contract, the Employer shall continue the performance; if the employee does not require the performance of the labor contract to be continued or the labor contract is impossible to be performed, the Employer shall pay the employee the compensatory payment equaling to the amount of the salary of one month and necessary expenditures the employee has spent for the conclusion and the preparation of the performance of the labor contract.
Where an Employer and an employee conclude an labor contract before the employee commences to work for the Employer but the work has not begun, the employee may inform the Employer in advance to dissolve the labor contract.
Article 18 To renew a fixed-term labor contract, the Employer and the employee shall, one month before the expiration of the labor contract, renew the labor contract upon consultation; if no agreement on the renewal of the labor contract is reached upon consultation, the Employer or the employee may terminate the labor relationship.
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