Measures on Administrative Punishment for the Violation of the Labor Law of the People's Republic of China

 

Date:   LMI[1994] No. 532 issued by the Ministry of Labor on December 26, 1994

Source:    Ministry of Labor

Subject:   labor

Text:

Article 11 Where an employing unit illegally recruits the juveniles under the age of 16, it shall be ordered to make corrections and be imposed a fine upon according to relevant provisions of the State.

Article 12 Where an employing unit infringes upon the legitimate rights and interests of female staff and workers and juvenile workers in any of the following acts, it shall be ordered to make corrections, and be punished by a fine of RMB 3000 yuan or less for the infringement upon each female staff and worker or juvenile worker:

(1) arrange female staff and workers to engage in work down the pit of mines, or work
(2) with Grade IV physical labor intensity as stipulated by the State, or other work that female staff and workers should avoid;
(3) arrange female staff and workers during their menstrual periods to engage in work high above the ground or under low temperature or in cold water, or work with Grade III physical labor intensity as stipulated by the State;
(4) arrange female staff and workers during the period of breast-feeding their babies less than one year old to engage in work with Grade III physical labor intensity as stipulated by the State or other labor that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts; or
(5) arrange juvenile workers to engage in work down the pit of mines, work that is poisonous or harmful to their health, work with Grade IV physical labor intensity as stipulated by the State, or other work that they should avoid.

Article 13 Where an employing unit arranges female staff and workers during their pregnancy to engage in work with Grade III physical labor intensity as stipulated by the State or other work that they should avoid in pregnancy, the unit shall be ordered to make corrections, and concurrently be punished by a fine of RMB 3000 yuan or less for the infringement upon each female staff and worker.

Where an employing unit arranges female staff and workers who have been pregnant for seven months or more to extend their working hours or to work night shifts, the unit shall be ordered to make corrections, and be punished by a fine of RMB 3000 yuan or less for the infringement upon each female staff and worker.

Article 14 Where an employing unit grants maternity for female stall and workers less than 90 days, the unit violates the regulations on labor protection for female staff and workers, the unit shall be ordered to make corrections within a fixed period of time; where corrections are not made upon expiration of the period, a fine of RMB 3000 yuan or less for the infringement upon each female staff and worker shall be imposed.

Article 15 Where an employing unit fails to provide regular physical examinations for juvenile workers according to provisions, it shall be ordered to make corrections within a fixed period of time; where corrections are not made upon expiration of the period, a fine of RMB 3000 yuan or less for the infringement upon each juvenile worker shall be imposed.

 
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