LCL 4, 38.4, 80; Employer Rules

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The following provisions of the Labor Contract Law of the People’s Republic of China (LCL) detail legal stipulations on employer rules. The establishment and modification of employer rules needs to be done through “democratic process.” This democratic process has three elements discussion, revision, and promulgation. This does not mean that consent of the labor union, of workers’ representatives, nor of all workers is required, but it means that if the employer cannot prove that the democratic process requirements have been fulfilled, then the employer rules may be found by a court or arbitration committee to be invalid.

Article 4 - Employer Rules and Democratic Process

Employing units shall establish and improve labor rules and regulations to ensure that workers enjoy the labor rights and fulfill the labor obligations.

When formulating or modifying the rules and regulations, or making decisions on important matters, which have a direct bearing on the immediate interests of workers, such as labor remuneration, working hours, rest and vacation, occupational safety and health, insurance and welfare, training, labor discipline and labor quota control, the employing unit shall, after discussion by the conference of workers or all the workers, put forward plans and suggestions and make decisions after consulting with the trade union or the representatives of the workers on an equal footing.

If, during the implementation of the rules and regulations or the decisions on important matters, the trade union or the workers hold that such rules, regulations or decisions are inappropriate, it or they are entitled to put forward the opinion to the employing unit, and have the rules, regulations or decisions modified and improved through consultation.

The employing unit shall make public or inform the workers of the rules and regulations, and the decisions on important matters, which have a direct bearing on the immediate interests of the workers.

第四条

用人单位应当依法建立和完善劳动规章制度，保障劳动者享有劳动权利、履行劳动义务。

用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。

在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。

用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示，或者告知劳动者。

Article 38.4 - Right to Resign with Economic Compensation if Employer Rules Violate the Law

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

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

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：

（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；

Article 80 - Right for Damages and Administrative Redress

Where the rules and regulations of an employing unit that have a direct bearing on the immediate interests of workers are in contravention with the provisions of laws and regulations, the administrative department of labor shall order it to rectify and shall give it a warning. If harm is done to a worker, the employing unit shall be liable for compensation.

第八十条

用人单位直接涉及劳动者切身利益的规章制度违反法律、法规规定的，由劳动行政部门责令改正，给予警告；给劳动者造成损害的，应当承担赔偿责任。

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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