LCL 32, 38, 88; Worker Health and Safety

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The following provisions of the Labor Contract Law of the People’s Republic of China (LCL) detail legal stipulations on worker health and safety.

Article 32 - Right to Refuse Hazardous Work

A worker shall not be deemed to be breaching the labor contract if he refuses to perform hazardous operations under instructions given in violation of rules and regulations or peremptorily given by a manager of the employing unit.

A worker shall have the right to criticize or report or lodge accusations against the employing unit in respect of the working conditions that endanger his life or health.

第三十二条

劳动者拒绝用人单位管理人员违章指挥、强令冒险作业的，不视为违反劳动合同。

劳动者对危害生命安全和身体健康的劳动条件，有权对用人单位提出批评、检举和控告。

Article 38 - Right to Resign With Cause and Compensation

In the case of any of the following circumstances occurring to an employer, workers may discharge the labor contract:

(1) It fails to provide labor protection or work conditions as stipulated in the labor contract;

(2) It fails to pay the full amount of remunerations in a timely manner;

(3) It fails to pay social security premiums for the workers according to law;

(4) The bylaws thereof are inconsistent with any law or regulation and impair the rights and interests of the workers;

(5) A labor contract is invalid due to the circumstance referred to in Paragraph one of Article 26 of this Law; or

(6) Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be discharged.

Where any worker is forced to work by violence, by threat or by illegally limiting his personal freedom, or is forced to perform dangerous operations which may endanger his personal safety under illicitly commands or forces of the employer, the worker may immediately discharge the labor contract without informing the employer in advance.

第三十八条

用人单位有下列情形之一的，劳动者可以解除劳动合同：

（一）未按照劳动合同约定提供劳动保护或者劳动条件的；

（二）未及时足额支付劳动报酬的；

（三）未依法为劳动者缴纳社会保险费的；

（四）用人单位的规章制度违反法律、法规的规定，损害劳动者权益的；

（五）因本法第二十六条第一款规定的情形致使劳动合同无效的；

（六）法律、行政法规规定劳动者可以解除劳动合同的其他情形。

用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动者劳动的，或者用人单位违章指挥、强令冒险作业危及劳动者人身安全的，劳动者可以立即解除劳动合同，不需事先告知用人单位。

Article 88 - Legal Liability for Negative Employer Behavior

Where an employing unit commits one of the following acts, it shall be subjected to an administrative sanction in accordance with law; if a criminal is constituted, it shall be investigated for criminal responsibility according to law; if harm is done to a worker, the employing unit shall be liable for compensation:

(1) forcing a person to work by resorting to violence, intimidation or illegal restriction of personal freedom;

(2) giving instructions in violation of rules and regulations or giving peremptory orders to a worker to perform hazardous operations, which endanger his personal safety;

(3) humiliating, giving corporal punishment to, beating , illegally searching or detaining a worker; or

(4) providing a worker with hazardous working conditions or a severely polluted environment, thus causing serious harm to the physical or mental health of the worker.

第八十八条

用人单位有下列情形之一的，依法给予行政处罚；构成犯罪的，依法追究刑事责任；给劳动者造成损害的，应当承担赔偿责任：

（一）以暴力、威胁或者非法限制人身自由的手段强迫劳动的；

（二）违章指挥或者强令冒险作业危及劳动者人身安全的；

（三）侮辱、体罚、殴打、非法搜查或者拘禁劳动者的；

（四）劳动条件恶劣、环境污染严重，给劳动者身心健康造成严重损害的。

Labor Contract Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/08/23/content_281474983042501.htm 

中华人民共和国劳动合同法

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201605/t20160509_239643.html

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