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Labor Contract Law

Article 89 If an Employer fails, in violation of this Law, to issue to an employee a certificate evidencing the termination or revocation of his employment contract, the labor administrative department shall order rectification; if the employee suffers any loss as a result of such failure, the Employer shall be liable for damages. 

Article 90 If an employee terminates his labor contract in violation of this Law or breaches the confidentiality or non-competition obligations stipulated in the labor contract, he shall be liable for damages for any loss caused to the Employer as a result of such violation or breach. 

Article 91 If an Employer hires an employee whose employment contract with another Employer has not yet been terminated or revoked, thereby causing the other Employer to suffer loss, the first-mentioned Employer and the employee shall be jointly and severally liable for damages. 

Article 92 If a staffing firm violates this Law, the labor administrative department and other relevant competent authorities shall order it to rectify the situation. If the situation is serious, a fine of not less than RMB 1,000 and not more than RMB 5,000 for each person shall be imposed, and the administrative department for industry and commerce shall revoke the business license. If the worker placed suffers any harm or loss, the staffing firm and the Accepting Entity shall be jointly and severally liable for damages.

Article 93 If an Employer without lawful business operation qualifications commits an illegal or a criminal act, it shall be pursued in accordance with the law. For labor already performed by its employees, the Employer or its investors shall pay them labor remuneration, severance pay or damages in accordance with the relevant provisions of this Law. If the employees suffer any harm or loss as a result thereof, it shall be liable for damages. 

Article 94 Where an individual as a business operation contractor hires workers in violation of this Law and thereby causes harm or loss to such workers, the organization that employs such contractor and the contractor shall be jointly and severally liable for damages. 

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