LMI [1994] No. 532 issued by the Ministry

of Labour on December 26, 1994

Article 1 These Measure are worked out in accordance with the provisions of the Legal Responsibility of the Labour Law of the People’s Republic of China in order to ensure the implementation of the Labour Law, and punish the acts in violation of the Labour Law according to law.

Article 2 The labour administrative departments of the people’s governments at or above the county level ( hereinafter referred to as the labour administrative department ) shall, in accordance with the law, supervise and inspect the implementation of laws, rules and regulations on labour by enterprises and individual economic organizations ( hereinafter referred to as employing units ) under their respective jurisdiction. The administrative punishment for the acts in violation of the Labour Law shall apply to these Measures.

Article 3 Where the rules and regulations on labour formulated by and employing unit run counter to the provisions of laws, rules and regulations, the unit shall be given a warning, and ordered to make corrections within a fixed period of time; where corrections are not made upon expiration of the period, a notice of criticism shall be circulated.

Article 4 where an employing unit forces labourers to extend working hours without consultation with the trade union and laborers, it shall be given a warning, ordered to make corrections, and may be punished by a fine of RMB100 yuan or less for every extended working hour of each labourer.

Article 5 Where the extended working hours of labourers exceed 3 hours a day or 36 hours a month, the employing unit shall be given a warning, ordered to make corrections, and may be punished by a fine of RMB 100 yuan of less for every extended working hour of each labourer.

Article 6 Where an employing unit infringes upon the legitimate rights and interests of labourers in any of the following acts, it shall be ordered to pay labourers remunerations or to make up economic losses, and may also be ordered to may compensations equal to not less than one time, but not more than five times of the total amount of the remunerations and economic losses:

(1) deducting wages of labourers or delaying in paying wages to labourers without reason;

(2) refusing to pay labourers remunerations for the extended working hours;

(3) paying labourers wages below the local standard on minimum wages; or

(4) failing to make up economic losses for labourers in accordance with the provisions of laws and regulations after the revocation of labour contracts.

The employing unit shall be ordered to pay labourer economic compensations in accordance with relevant provisions.

Article 7 Where the occupational safety facilities and occupational health conditions of an employing unit do not comply with the provisions of the State, the employing 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 50000 yuan or less may be imposed.

Where an acute intoxication or a fatal accident is caused to the staff and workers due to the violation against the provisions made by an employing unit, the employing unit shall be ordered to work out the measures of making corrections, and may be punished by a fine of RMB 10000 yuan or less for every worker intoxicated or seriously injured or dead; if circumstances are serious, the case shall be submitted to the people’s government at the same level for a decision on the suspension of production for rectification.

Where an employing unit tries to hide the occurrence of an acute intoxication or a fatal accident, or delays reporting, or gives false information, or intentionally destroys or falsifies the site of accident, it shall be ordered to make corrections, and may be punished by a fine of RMB 20000 yuan or less.

Article 8 Where the facilities of occupational safety and health of an employing unit installed in new, rebuilding, expanding or technological reform projects are not designed, constructed, put into operation or used at the same time together with the main projects, or the facilities of occupational safety and health fail to comply with the provisions of the State, the unit shall be ordered to make corrections, and may be punished by a fine of RMB 50000 yuan or less.

Article 9 Where an employing unit fails to provide labourers with necessary labour protection gadgets and labour protection facilities, or fails to provide regular physical examination for labourers engaged in work with occupational hazards, the unit shall be ordered to make corrections, and may be punished by a fine of RMB 5000 yuan or less.

Article 10 Where the boiler pressure containers of an employing unit are put into operation without certificates of use, or are not regularly inspected, the unit shall be ordered to stop the operation of the containers or its containers shall be sealed up, and a fine of RMB 10000 yuan or less may be imposed.

Where there is a hidden peril in the boiler pressure containers of an employing unit, the unit shall be ordered to make corrections with a fixed period of time; where corrections are not made upon expiration of the period, the unit shall be ordered to stop the operation of the containers, the certificates of use shall be revoked, and a fine of RMB 10000 yuan or less may be imposed.

Where pressure pipes, cranes, elevators, passenger overhead, cable ways, motorvehicles in the factory and other special equipment of an employing unit are not regularly inspected or undergone safety accreditation, the unit shall be ordered to make corrections, and may be punished by a fine of RMB 10000 yuan or less.

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) to arrange female staff and workers to engage in work down the pit of mines, or work with Grade Ⅳ physical labour intensity as stipulated by the State, or other work that female staff and workers should avoid;

(2) to 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 labour intensity as stipulated by the State;

(3) to 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 labour intensity as stipulated by the State or other labour that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts; or

(4) to 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 labour 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 labour 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 worker.

Article 14 Where maternity leave for female staff and workers in less than 90 days due to the violation made by and employing unit against the regulations on labour protection for female staff and workers, the employing 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.

Article 16 Where an employing unit revokes labour contracts in inconformity with the circumstances as provided by the Labour Law or intentionally delays the conclusion of labour contracts, it shall be ordered to made corrections within a fixed period of time; where corrections are not made upon expiration of the period, a notice of criticism shall be circulated.

Article 17 Where an employing unit fails to pay social insurance premiums without reason, it shall be ordered to pay within a fixed period of time; if the unit fails to make the payment upon expiration of the period, overdue fine of two per thousand of payable amount for each overdue day may, except for making up the arrears, be imposed. The overdue fine shall be brought into social insurance funds.

Article 18 Where an employing unit unjustifiably obstructs the labour administrative department or labour inspectors from exercising the powers of supervision and inspection, or retaliates against informers, a fine of RMB 10000 yuan or less shall be imposed.

Article 19 Where an employing unit commits several acts in violation of the Labour Law, decisions upon the punishment shall be made respectively however they shall be implemented together; where the decisions are unable to be implemented together, a heavier punishment shall be meted out to the unit.

Where an employing unit violated the Labour Law for several times ( two times or more ), a punishment beyond the maximum prescribed may be meted out to the unit. A fine beyond the maximum prescribed may be accounted as not less than two times but not more than five times of the original fine standard.

Article 20 When an employing unit is imposed a fine upon, fine receipts printed by the financial department in a unified way shall be used. All the fines shall, in time and in full amount, be turned over to the State treasury according to the provisions of the financial administration.

Article 21 If an employing unit is not satisfied with the decision on administrative punishment, it may, according to the provisions of the Regulations on Administrative Reconsideration or the Law of Administrative Procedure, apply for reconsideration or bring a lawsuit to a people’s court.

The execution of the decision on administrative punishment shall not be affected during the reconsideration or lawsuit.

Article 22 Detailed rules for the implementation may be worked out by the labour administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government according to these Measures.

Article 23 These Measures shall be implemented as of January 1, 1995.