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Apr05

China Occupational health law and workplace safety law

There are four main source of China occupational health law and China workplace safety law. Our China employment lawyer summarized the four course of laws hereunder:

1. China Labor Law

This is the most important source law regulating China employment relationship. Part of the text of this law you can see below:

Chapter VI Occupational Safety and Health

Article 52 The employing unit must establish and perfect the system for occupational safety and health, strictly implement the rules and standards of the State on occupational safety and health, educate labourers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards.

Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.
Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects.

Article 54 The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and providing regular health examination for labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.

Article 56 Labourers must strictly abide by rules of safe operation in the process of their work.
Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health.

Article 57 The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and other relevant departments of the people's governments at or above the county level and the employing unit shall, according to law, compile statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.

2. China Labour Contract Law

Article 32 Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.
Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.

3. China Occupational Health Law

The full text of this law you can see here.

4. China Workplace Safety Law

The full text of this law you can see here.

Please credit the source of this article which created by our China labor lawyer at this website.

 
Apr05

China occupational safety law - China workplace safety law

The text of China Workplace Safety Law is translated by our China labor lawyer. We will discuss the China Workplace Safety Law together with China Occupational Health Law in a single article. Please leave comment if you have any though.

Safe Production Law of the People’s Republic of China

Decree No. 70 of the Chairman of the People’s Republic of China

Promulgation Date:  29th June     2002

Effective Date:    1st November  2002

Promulgated by:  The Ninth National People’s Congress


Table of Contents

Chapter I. General Principles
Chapter II. Production Safety Guaranties for Production Operation Units
Chapter III. The Rights and Obligations of the Employees  
Chapter IV The Supervision and Administration of Production Safety
Chapter V Emergency Rescue for an Accident and Its Investigation and Disposal
Chapter VI Legal Liability
Chapter VII Supplementary Rules

Chapter I General Principles

Article 1    In order to strengthen the supervision and administration of production safety, to prevent and reduce the accidents, to guarantee the people’s life and property safety, and to promote the economic development, this  law is hereby enacted.

Article 2     This Law shall apply to the production safety involving the units engaged in production operations within the territory of the People’s Republic of China (hereinafter referred to as the “production operation units”). The relevant laws and administrative regulations concerning fire protection safety, road traffic safety, railway traffic safety, marine traffic safety and civil aviation safety shall also apply if available.

Article 3     The administration of production safety shall comply with the guideline of “safety and precaution first.”

Article 4     Production operation units shall abide by this Law, other laws and administrative regulations on production safety, strengthen the control over production safety, establish and perfect liability system of production safety, improve safety conditions, and ensure production safety.

 
Apr05

China Occupational Health Law

The following is text of the main China occupational health law. It is translated by our China employment lawyer. We will discuss China occupational health and safety law in a different article.

Code of Occupational Disease Prevention of PRC

No. 60 Order by President of PRC

The Code of Occupational Disease Prevention of PRC, adopted in the 24th Session of the Standing Committee of the Ninth People's Congress on October 27, 2001, is now promulgated for enforcement from May 1, 2002.

Jiang Zemin, President of PRC

October 27, 2001

Code of Occupational Disease Prevention of PRC

(Adopted in the 24th Session of the Standing Committee of the Ninth People's Congress on October 27, 2001)

Content

Chapter 1 General

Chapter 2 Proactive prevention

Chapter 3 Prevention and Management of Occupational Diseases in the Work

Chapter 4 Occupational Disease Diagnosis and Safeguard for Occupational Disease Victims

Chapter 5 Supervision and Inspection

Chapter 6 Legal Liability

Chapter 7 Supplement

Chapter 1 General

 
Apr05

China Ani-discrimination Law

General Introduction

There is no specific anti-discrimination law in the People’s Republic of China. However certain general anti-discrimination provisions are included in various laws and regulations. This Guide gives a general overview of the anti-discrimination environment and it relates to employment matters in the PRC. Our China employment lawyer and China labor lawyer wrote such an article just intend to give you a general idea of what China anti-discrimination law is. It is not intended to be formal legal advice. There are two main source of anti-discrimination law:

China Constitution Law

The Constitution of the PRC (the “PRC Constitution”), adopted on 4 December 1982 by the Fifth National People’s Congress of the PRC, contains certain provisions relating to equal employment opportunity.
Article 33 of the PRC Constitution stipulates that all citizens are equal before the law.
Article 48 of the PRC Constitution provides that women enjoy equal rights with men in all spheres of life, political, economic, cultural and social, including family life. More specifically, it provides that the State must protect the rights and interests of women, apply the principle of equal pay for equal work and train and select cadres from among women as well.

 
Apr05

How to terminate an employment relationship in China

In China, there is no concept of “at will” employment as in some other countries. While employees generally may resign upon 30 days’ prior notice to the employer (they may be restricted from resigning in certain cases), employers in China are permitted to unilaterally terminate employees only in accordance with circumstances stipulated in relevant laws and regulations. There are many foreign enterprize in major China cities such as Beijing, Shanghai, Tianjin, Qingdao, Nanjing, Wuhan, Changsha. Fortunately, we have Beijing employment lawyer, Shanghai employment lawyer to help with employment issues.

For example, an employer may terminate an employee without notice or severance during the probationary period where the employee fails to satisfy the terms of recruitment; where the employee seriously violates labor discipline or the employer’s rules or regulations, or is seriously derelict of duty, or engages in graft resulting in major harm to the employer’s interests; or where the employee is prosecuted according to law.

In most other permitted circumstances of termination (such as where an employee is incompetent and remains incompetent after training or assignment to another post), including cases of a mutual employer-employee agreement to terminate employment, 30 days’ prior notice and severance are required. Severance generally is calculated as the payment of the equivalent of one month’s total wages (including basic wages and other benefits such as bonuses) for each year of service, but severance calculations may be modified by local rules.

 
Apr05

China Patent Lawyer

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

The titles patent agent and Patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person qualified as a lawyer.

Our firm is a high technology intellectual property law firm focused on patent, trademark, copyright and related IP. Our China Patent lawyer are based in Shanghai, Beijing, Guangzhou and Shenzhen; Thus we have Shanghai patent lawyer, Beijing patent lawyer, Guangzhou patent lawyer and Shenzhen patent lawyer. However, our lawyers represent technology companies,  individuals, start-ups, small and medium-sized businesses, and international corporations throughout the world.

Unlike other firms tied to the billable hour, our China patent lawyer focuses on helping our clients achieve their business goals through project-based pricing. By letting our clients know what a legal project will cost, we are able to empower them to make better business decisions around their most valuable assets: the products of their minds.  From patents and trademarks, to copyrights and technology licensing, and everything in between, our lawyers are here to help.

 
Apr04

China Trademark Lawyer

A China trademark attorney is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.

In many countries, most notably China, trade mark attorneys are a separate recognized legal profession, along with solicitors and barristers, and are recognized as lawyers under the China trademark Law. In other jurisdictions, such as China, the profession is less clearly defined, with trademark attorneys being part of the general legal profession. In other words, they are attorneys at law who specialize in trade mark matters. In many countries, trademark attorneys have rights of audience before IP courts and benefit from client/attorney privilege. Unless they are also members of the general legal profession such as in China, their right to appear in Court is usually limited to trademark matters.

 
Apr04

China Criminal Law - 2011

Below is a full text of the newest China Criminal Law. The newest amendment has been incorporated, so that you can have a general idea of what the law it is. A China criminal defense lawyer would see this law important, because it is the main governing criminal law in China. Leave comments if you have any questions.

Criminal Law of the People's Republic of China

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997 and promulgated by Order No.83 of the President of the People's Republic of China on March 14, 1997)

Contents

Part One General Provisions

Chapter I The Aim, Basic Principles and Scope of Application of the Criminal Law

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Section 2 Preparation for a Crime, Criminal Attempt and Discontinuation of a Crime

Section 3 Joint Crimes

Section 4 Crimes Committed by a Unit

Chapter III Punishments

Section 1 Types of Punishments

Section 2 Public Surveillance

Section 3 Criminal Detention

Section 4 Fixed-term Imprisonment and Life Imprisonment

Section 5 The Death Penalty

Section 6 Fines

Section 7 Deprivation of Political Rights

Section 8 Confiscation of Property

Chapter IV The Concrete Application of Punishments

Section 1 Sentencing

Section 2 Recidivists

Section 3 Voluntary Surrender and Meritorious Performance

Section 4 Combined Punishment for Several Crimes

Section 5 Suspension of Sentence

Section 6 Commutation of Punishment

Section 7 Parole

Section 8 Limitation

Chapter V Other Provisions

Part Two Specific Provisions

Chapter I Crimes of Endangering National Security

Chapter II Crimes of Endangering Public Security

Chapter III Crimes of Disrupting the Order of the Socialist Market Economy

Section 1 Crimes of Producing and Marketing Fake or Substandard Commodities

Section 2 Crimes of Smuggling

Section 3 Crimes of Disrupting the Order of Administration of Companies and Enterprises

Section 4 Crimes of Disrupting the Order of Financial Administration

Section 5 Crimes of Financial Fraud

Section 6 Crimes of Jeopardizing Administration of Tax Collection

Section 7 Crimes of Infringing on Intellectual Property Rights

Section 8 Crimes of Disrupting Market Order

Chapter IV Crimes of Infringing upon Citizens' Right of the Person and Democratic Rights

Chapter V Crimes of Property Violation

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Pubic Order

Section 2 Crimes of Impairing Judicial Administration

Section 3 Crimes Against Control of National Border (Frontier)

Section 4 Crimes Against Control of Cultural Relics

Section 5 Crimes of Impairing Public Health

Section 6 Crimes of Impairing the Protection of Environment and Resources

Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in Prostitution

Section 9 Crimes of Producing, Selling, Disseminating Pornographic Materials

Chapter VII Crimes of Impairing the Interests of National Defence

Chapter VIII Crimes of Embezzlement and Bribery

Chapter IX Crimes of Dereliction of Duty

Chapter X Crimes of Servicemen's Transgression of Duties

Chapter XI Supplementary Provisions

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.