What are the changes to the country s labor laws? What year is the latest version of the labor law

The Labor Law, which came into force on January 1 of the same year, has not been amended or repealed so far, and is currently in force; However, in the process of implementation, some supporting provisions have been promulgated, such as the Measures for Economic Compensation for Violation and Termination of Labor Contracts, the Measures for Compensation for Violations of the Labor Law on Labor Contracts, and the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

The Labor Contract Law, which came into force on January 1, 2012, was amended on December 28, 2012 in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Labor Contract Law of the People's Republic of China, and came into force on July 1, 2013.

3. The Labor Law and its supporting provisions are complementary to and used in conjunction with the Labor Contract Law, and in the event of a conflict between the provisions of the former and the latter, the Labor Contract Law shall apply to the principle that the new law prevails over the old law.

Legal analysis

The latest version of the labor law was in 2018. Adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, amended for the first time in accordance with the Decision on Amending Some Laws at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and amended for the second time in accordance with the Decision on Amending the Labor Law of the People's Republic of China and Other Seven Laws at the Seventh Meeting of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018.

Legal basis

Labor Law of the People's Republic of China

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") and laborers who have formed labor relations with them in Zaomai Town, within the territory of the People's Republic of China. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 3 Laborers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes to the mainland for rough discussion, and other labor rights provided by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

The latest annual leave provisions of the Labor Law.

1. The calculation method of annual leave stipulated in the new Labor Law:

According to the Regulations on Paid Annual Leave for Employees, if an employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; If the employee has completed 10 years but is less than 20 years, the annual leave shall be 10 days; If you have completed 20 years, the annual leave is 15 days. National statutory holidays and rest days are not included in the paid annual leave.

However, if you have any of the following circumstances, you will not be entitled to the annual leave of the current year:

1) Employees enjoy the summer vacation of Hanliang filial piety in accordance with the law, and the number of vacation days is more than the number of annual leave days;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with the regulations;

3) Employees who have worked for 1 year but less than 10 years and take sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months;

5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.

The employer shall, according to the specific conditions of production and work, and consider the employee's own wishes, make overall arrangements for the annual leave of employees, which may be arranged in a centralized manner or in sections, but generally should be arranged within one year.

2. Calculation of wages stipulated in the latest "Labor Law" annual leave.

1) How to calculate the annual leave arrangement and the salary of unused annual leave.

According to the specific situation of production and work, and considering the wishes of the employee, the employer shall make overall arrangements for annual leave. If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves.

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. Calculation of wages for unused annual leave: For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300 of the employee's daily wage income.

If an employer arranges for an employee to take annual leave, but the employee submits in writing not to take the annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period.

1. The relevant provisions of the Labor Law on working hours.

Workers may not work more than 8 hours per day and 44 hours per week. If the hours exceed 8 hours, the worker shall be paid 150 ordinary wages as overtime remuneration, and the maximum overtime per day shall not exceed 3 hours.

In accordance with Article 36 of the Labour Law, the State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

The Labor Law was adopted by the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, and has been implemented since January 1, 1995. There are currently no revisions to the Labor Code. The Labor Contract Law was adopted by the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007 and came into force on January 1, 2008.

On December 28, 2012, the 30th meeting of the Standing Committee of the 11th National People's Congress passed the Decision on Amending the Labor Contract Law of the People's Republic of China, which mainly revised the relevant provisions on the labor dispatch system, which has been implemented since July 1, 2013.

Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007.

China's "Labor Law" was adopted at the eighth meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994, and came into force on January 1, 1995. No amendments to the Labour Code have been made since then.

On 29 June 2007, the Labour Contract Law was promulgated, which came into force on 1 January 2008. This law is not exactly the same as the Labor Law, one is a law that regulates labor relations as a whole, and the other is only a law that regulates labor contract relations. Therefore, it cannot be simply understood as a revision of the labor law.

Both laws are still in force.

The Labor Law of the People's Republic of China was adopted by the Standing Committee of the Eighth National People's Congress on July 5, 1994.

It was adopted at the eighth meeting and promulgated on the same day, and came into force on January 1, 1995. The latest amendment is the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws, adopted by the Standing Committee of the Eleventh National People's Congress at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009.

Decree of the President of the People's Republic of China

Trumpet XVIII. The Decision of the Standing Committee of the National People's Congress on Amending Certain Laws" was adopted by the 10th Session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on August 27, 2009, and is hereby promulgated to take effect on the date of promulgation.

President of the People's Republic of China HJT

27 August 2009.

Decision of the Standing Committee of the National People's Congress on Amending Certain Laws

36. Amendments to the provisions on criminal liability in the following laws36 Article 92 of the Labor Law of the People's Republic of China.