May 31, 2010
>>>Welcome visitor, you're not logged in.
Login   Subscribe Now!
Home User Management About Us Chinese
  Bookmark   Download   Print
Search:  serch "Fabao" Window Font Size: Home PageHome PageHome Page
Regulations On The People's Republic Of China On Settlement Of Labour Disputes In Enterprises [Expired]
中華人民共和國企業勞動爭議處理條例 [失效]
Order of the State Council
(No. 117)
The Regulations On The People's Republic Of China On Settlement Of Labour Disputes In Enterprises, adopted at the 5th Standing Meeting of the State Council on June 11, 1993, are hereby promulgated and shall go into effect on August 1, 1993.
Prime Minister: Li Peng
July 6, 1993


總理 李鵬

第一章 總則

Article 1 The present Regulations are drawn up to properly handle labour disputes in enterprises, protect the legitimate rights and interests of the enterprise and the workers and employees, maintain the order of normal production and management, develop sound labour relations, and promote the smooth progress of the reform and the implementation of the open policy.
   第一條 為了妥善處理企業勞動爭議,保障企業和職工的合法權益,維護正常的生產經營秩序,發展良好的勞動關系,促進改革開放的順利發展,制定本條例。
Article 2 The Regulations are applicable to the following labour disputes between the enterprise and the workers and employees within the territory of the People's Republic of China:
   第二條 本條例適用于中華人民共和國境內的企業與職工之間的下列勞動爭議:
(1) Disputes arising out of dismissal, discharge or lay-off of workers and employees by enterprises, or resignation by workers and employees or leaving their jobs of their own volition;
(2) Disputes concerning implementation of relevant State policies on wages, insurance, welfare, training and labour protection;
(3) Disputes regarding execution of the labour contract;
(4) Disputes that other laws and regulations stipulate should be handled with reference to the regulations.
Article 3 The enterprise and the worker(s) and employee(s) involved shall be the parties to a case of labour dispute.
   第三條 企業與職工為勞動爭議案件的當事人。
Article 4 Settlement of labour disputes shall observe the following principles:
   第四條 處理勞動爭議,應當遵循下列原則:
(1) Emphasis is given to mediation and prompt handling;
(2) Labour disputes shall be dealt with in accordance with law on a fact-finding basis;
(3) The parties involved are equal before applicable laws.
Article 5 When there are more than three workers and employees with the same grievances as one of the parties, the workers and employees involved shall nominate their representative to participate in the work of mediation and arbitration.
   第五條 發生勞動爭議的職工一方在三人以上,並有共同理由的,應當推舉代表參加調解或者仲裁活動。
Article 6 In case of a labour dispute, the parties shall first find solution through negotiations. If the parties are unwilling to go for negotiations or negotiations fail, the case may be referred to the mediation committee of the enterprise in which the dispute has occurred; if mediation fails, the case may be referred to the labour dispute arbitration committee for arbitration. The parties may also petition directly to the labour dispute arbitration committee for arbitration. When one of the parties or both parties refuse to accept the arbitration award, he or they may bring a lawsuit before the people's court.
In the course of handling a labour dispute, neither party shall aggravate the dispute.
   第六條 勞動爭議發生後,當事人應當協商解決;不願協商或者協商不成的,可以向本企業勞動爭議調解委員會申請調解;調解不成的,可以向勞動爭議仲裁委員會申請仲裁。當事人也可以直接向勞動爭議仲裁委員會申請仲裁。對仲裁裁決不服的,可以向人民法院起訴。

第二章 企業調解

Article 7 An enterprise may set up a labour dispute mediation committee (hereinafter referred to as mediation committee) to be responsible for mediation of labour disputes within the enterprise. The mediation committee shall be composed of the following persons:
   第七條 企業可以設立勞動爭議調解委員會(以下簡稱調解委員會)。調解委員會負責調解本企業發生的勞動爭議。調解委員會由下列人員組成:
(1) Representative(s) of workers and employees;
(2) Representative(s) of the enterprise;
(3) Representative(s) of the enterprise trade union.
The workers' representatives shall be nominated by the congress of workers' representatives or the workers' congress, the enterprise representatives appointed by the enterprise director or manager, and the enterprise trade union representatives appointed by the enterprise trade union committee.
The number of members to the mediation committee shall be determined through negotiations between workers' congress and the enterprise director or manager, at the proposal of the former. The number of enterprise representatives shall not exceed one third of the total.
Article 8 The post of chairman of the mediation committee shall be taken up by a representative of the enterprise trade union.
The mediation committee shall set up its office at the enterprise trade union committee.
   第八條 調解委員會主任由企業工會代表擔任。
Article 9 In an enterprise without any trade union organization, the establishment and composition of the mediation committee shall be determined through negotiations between the workers' representatives and the enterprise representatives.
   第九條 沒有成立工會組織的企業,調解委員會的設立及其組成由職工代表與企業代表協商決定。
Article 10 Disputes taken up by the mediation committee shall wind up within 30 days starting from the date of application by the parties; otherwise, mediation shall be considered unsuccessful.
   第十條 調解委員會調解勞動爭議,應當自當事人申請調解之日起三十日內結束;到期未結束的,視為調解不成。
Article 11 The mediation committee shall observe the policy of voluntariness for both parties during mediation. Agreements reached through mediation shall be written in a mediation note for voluntary execution by the two parties; if mediation fails, the case may be referred to the labour dispute arbitration committee within a set time limit.
   第十一條 調解委員會調解勞動爭議應當遵循當事人雙方自願原則,經調解達成協議的,制作調解協議書,雙方當事人應當自覺履行;調解不成的,當事人在規定的期限內,可以向勞動爭議仲裁委員會申請仲裁。

第三章 仲裁

Article 12 Counties, cities and city districts shall set up labour dispute arbitration committees (hereinafter referred to as arbitration committees).
   第十二條 縣、市、市轄區應當設立勞動爭議仲裁委員會(以下簡稱仲裁委員會)。
Article 13 The arbitration committee shall be composed of the following persons:
   第十三條 仲裁委員會由下列人員組成:
(1) Representatives of the department in charge of labour administration;
(2) Representatives of the trade union council;
(3) Representatives of the department of overall economic administration appointed by the government.

Dear visitor,you are attempting to view a subscription-based section of If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268


您好:您現在要進入的是北大法律英文網會員專區,如您是我們英文用戶可直接 登錄,進入會員專區查詢您所需要的信息;如您還不是我們 的英文用戶,請注冊並交納相應費用成為我們的英文會員 。如有問題請來電咨詢;
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268

【法寶引證碼】        北大法寶
Message: Please kindly comment on the present translation.
Confirmation Code:
Click image to reset code!
  Translations are by, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.
Home | Products and Services | FAQ | Disclaimer | Chinese | Site Map
©2012 Chinalawinfo Co., Ltd.  Tel: +86 (10) 8268-9699  京ICP證010230-8