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Labor Law of the People's Republic of China
| Article 31 A labourer who intends to revoke his labour
contract shall give a written notice to the employing unit 30 days in
advance. Article 32 A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances: within the probation period; where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract. Article 33 The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption. A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in an enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise. Article 34 A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract. Article 35 Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprises shall not be lower than those as stipulated in collective contracts. Chapter IV Working Hours, Rest and Vacations Article 36 The State shall practise a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average. Article 37 In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in Article 36 of this Law. |
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