LABOR LAW

Adopted at the First National Congress of the Chinese Worker-Peasant-Soldier Soviet

Issued 1 January 1932

[Text] Chapter One. General Provisions

Article 1.

All hired workers in businesses, factories, mines, and workshops, as well as all production enterprises and various organizations (State, cooperative, and private are all included) should enjoy the provisions of this labor law.

Article 2.

Fighters and commanders serving in the Army, Navy, and Air Force of the Chinese Soviet Republic are not subject to the restrictions of this law.

Article 3.

Collective labor agreements and other labor contracts, regardless of whether they have, or have not, been put into effect, are all declared ineffective if their conditions of labor are inferior than those stipulated under this law.

Article 4.

Besides enjoying the benefits of the working conditions stipulated by regulations proclaimed separately by the Central Executive Committee, the People's Committee, and the Ministry of Labor, tenant farmers, forestry workers, seasonal workers, transportation workers, coolies, female domestics and kitchen help, and other workers with special job descriptions are also covered by the general stipulations of this labor law.

Article 5.

A separate determination will be made by the Ministry of Labor of the Central government on the weight of loads handled by manual laborers (including stevedores, cart pullers, boat handlers, sedan chair bearers, and pole carriers) and specific regulations covering the entitlement of independent laborers to the rights stipulated under the labor law when hired will be proclaimed separately by the Ministry.

Chapter Two. Hiring Procedures

Article 6.

The process of hiring workers must be handled by trade unions and employment offices and it must be based upon the collective contract. All types of contracting on piece work system and Foreman contracting system made by the so-called Foreman, Labor contracting personnel, and compradors, as well as by any private agencies are strictly prohibited.

Article 7.

All employment offices must be organized by the labor departments of the various levels of government and it is strictly prohibited to set up private employment offices or hiring agencies.

Article 8.

Requiring workers to pay for finding them jobs or garnishee their wages for compensations for so doing.

Article 9.

Those who are in search of work shall register with the employment offices set up in various localities by the Ministry of Labor and be listed in the register of unemployed workers.

Chapter Three. Collective Contracts and Labor Contracts

Article 10.

A collective contract is an agreement drawn up between the trade union representing the workers and staff on the one hand and the employer on the other. In this collective contract are stipulated the job requirements as set forth by employers in businesses and organizations, and private and household employers for the employee. In this contract the contents of the contract agreement to be drawn up between the employer and the employee are further stipulated.

Article 11.

The stipulations of the collective contract are applicable to the entire body of workers in businesses or organizations regardless of whether they have or have not joined the trade union.

Article 12.

Collective contracts duly registered with the Ministry of Labor become effective as of the date of signing by both parties concerned or as of the date set forth in the contract.

Article 13.

A labor contract is an agreement between one or several workers and the employer, and should the conditions of the labor contract be inferior to the conditions set forth in the current labor law or in the collective contract, they are to be completely nullified. The length of the effective period of the limited collective contract and labor contract shall not exceed 1 year. The union has the right to request cancellation before the end of the contracted period.

Chapter Four. Working Hours

Article 14

In accordance with the stipulation of this labor law, the normal daily working hours for all hired workers shall not exceed 8 hours.

Article 15.

The daily working hours for young workers between the ages of 16 and 18 shall not exceed 6 hours, and those for child workers between the ages of 14 and 16 shall not exceed 4 hours.

Article 16.

All workers in industrial departments hazardous to health (such as underground mining for lead, and zinc and other work with poisonous substances) shall have their daily working hours curtailed to less than 6 hours, and in certain kinds of work in industries which are harmful to health the daily working hours shall be curtailed to a certain number of hours, and this will be stipulated and proclaimed by the Ministry of Labor.

Article 17.

The normal work period for night workers will be 1 hour less than normal working hours (an 8-hour normal working day will be shortened to 7 hours, a 7-hour day to 6 hours, and so on).

Article 18.

All industrial and seasonal work shall not exceed the time limit set by this labor law, with the exception of those certain industrial departments that have been specially authorized to do so by labor inspection organizations or by trade unions.

Chapter Five. Rest Periods

Article 19.

Every worker shall normally have a continuous 42 hours of unbroken rest every week.

Article 20.

Workers who have worked continuously for over 6 months in any business enterprise must have at least 2 weeks vacation with pay. Workers engaged in industries with health hazards shall have at least 4 weeks vacation with pay each year.

Article 21.

All work shall cease on the following commemorative and festive days: a) 1 January, New Years; b) 21 January, the anniversary of the death of Lenin, the leader of world revolution; c) 7 February, the day commemorating the massacre of Peking-Hankow railway workers by the warlords; d) 18 March, commemorating the Paris Commune; e) 1 May, International Labor Day; f) 30 May, commemorating the 30 May Massacre or Anti-Imperialism Day; g) 7 November, marking the proletarian revolution and the founding of the Chinese Soviet republic; h) and 11 December, commemorating the Canton Uprising.

Article 22.

Working hours on the eve of rest days, commemorative days, and festive days shall be 6 hours at the most.

Article 23.

The daily work hours specified in this labor law include a meal time of from 30 minutes to 1 hour for which wages shall not be deducted.

Article 24.

Leaves of absences due to sicknesses and pregnancies given to workers and staff are not to be included in the vacation period stipulated under Article 20.

Chapter Six. Wages

Article 25.

The wages of any worker shall not be less than the actual minimum wage level stipulated by the Ministry of Labor. The minimum wage level of the various industrial departments shall be reviewed at least once every 3 months by the Ministry of Labor.

Article 26.

The actual wages in various business enterprises (State or private shall be stipulated through the collective contract entered into by the workers (as represented by the union) and the owner or manager of the business enterprise.

Article 27.

Workers are to be paid double wages for extra work specially authorized by labor inspection agencies and the trade unions.

Article 28.

Workers working on rest days or commemorative days with authorization from the labor inspection agency shall receive double wages.

Article 29.

Female and young workers doing the same work as adult male and female workers shall receive equal pay. Although child and young workers have a shortened work period, their wages will be calculated on the basis of an entire day's work in accordance with the wage level of that profession.

Article 30.

Pay for night work shall be higher than for normal (day) work. A one-seventh increase in wages shall be made for those working 8 hours of night shift and one-fifth for those working the 6-hour schedule (hazardous work) at night. Those who work nights on a piece-work basis shall not only receive their earned wages but also have their wages increased by one-fifth of their average pay if they work 8 hours.

Article 31.

Wages are to be paid in cash (not in kind) and they shall be paid once every week or once every half-month. (This shall not be later than half a month and the accumulation of unpaid wages by any means is prohibited), and shall be paid directly into the hands of the worker.

Article 32.

Vacation pay shall be paid to workers and staff before they go on vacation each year.

Article 33.

On piece work employment the workers (with the trade union representing the worker) and the employer may draw up a collective contract. Daily production rate and daily median wage shall be stipulated on all piece work (to be calculated on the basis of time required for each piece of work in every industry).

Chapter Seven. Female, Youth, and Child Workers.

Article 34.

The following articles specially protecting female, youth, and child workers are formulated in addition to the general rights they enjoy under the chapters of this law.

Article 35.

Female, youth, and child workers are prohibited from working in industrial departments where the work is complicated, heavy or dangerous. The industrial departments where female, youth, and child workers are to be prohibited will be reviewed and announced by the Ministry of Labor (such as underground mining, rubber, lead, copper, resin, tin foundries and other similar areas of work where the work area is either too high or too low).

Article 36.

Female workers are prohibited from working in any business enterprise where lift loads exceed 40 catties. Should it be necessary to include some female workers in some special industries or in the course of operation, their work periods should not exceed two-thirds of normal work time.

Article 37.

Male or female workers under the age of 18, or female workers who are pregnant or with nursing infants are strictly prohibited from doing night work.

Article 38.

Article 39.

It is not permitted to terminate female workers during the period covering the 5 months preceding the giving of birth and 9 months after giving birth. Without obtaining their agreement they cannot be sent out on business or transferred to another locality.

Article 40.

Besides enjoying the regulations under Article 23 of this Labor Law female workers with nursing infants will have a regulated half-hour rest every 3 hours for the purpose of nursing the baby and wages are not permitted to be deducted for this. Furthermore, a nursery and nursing room will be set up in the factory and the factory will be responsible for employing personnel to look after them.

Article 41.

The hiring of males and females under the age of 14 is strictly prohibited and child workers between the ages of 14 and 16 can be hired only after permission has been given by the labor inspection agency.

Article 42.

A complete and thorough registration of ages, work periods, and wages of youth and child workers must be made by every business enterprise.

Article 43.

Vocational or factory schools will be established to further advance the skills of young workers and they will also be provided with supplementary education. The factory will cover the expenses. The old system of apprenticeship and the apprentice system fostering the development of various types of vagrancy are strictly prohibited. All conditions inferior to the stipulations carried in this labor law (such as wages, hours, and benefits) are proclaimed null and void.

Chapter Eight. Work Safety

Article 48.

All sorts of fines and docking of wages must be strictly prohibited. Reimbursement for damages is also prohibited. At the same time, collection of money for security collateral or for salary savings are strictly prohibited.

Article 49.

No wage deductions should be made for work stoppage during production due to the factory's fault (such as damage to machinery, insufficient raw materials, and the factory's inability to implement regulations set forth by the Soviet).

Article 50.

Regardless of the length of time involved, there shall be no docking of wages of workers participating in Soviet elections, attending a mass meeting of the Soviet, going to a mass meeting or conference of workers and staff, performing the work of a factory committee member, or being summoned by a court as a material witness, an expert witness, or to jury duty.

Article 51.

Workers and staff losing their jobs on being conscripted for military service with the Red Army are to be compensated with 3 months average wages before their departure.

Article 52.

Employers must provide workers with tools and they shall not deduct wages for the usage of the tools. If the worker uses his own tools, the employer will reimburse him the original cost. A detailed method will be worked out in the collective contract.

Article 53.

The factory will fund the construction of workers' dormitories and allocate them to workers and their families free of charge. Factories which have not yet constructed dormitories will subsidize workers with a suitable sum of rent money every month.

Article 54.

The employer shall issue half a month's average wage as severance pay if workers and staff are willing to dissolve the labor contract. If the employer terminates workers or staff, he must give them 3 months' average wages as severance pay.

Article 55.

The employer must preserve his original salary and average salary should a worker or staff become temporarily incapacitated.

Article 56.

The implementation of the labor law will be supervised by the labor inspector. He has the authority to close down that enterprise which he considers as having the potential of causing immediate harm to the physical well-being and the life of the workers. The duties of the labor inspector will be defined separately by the Ministry of Labor.

Article 57.

All those who contracted occupational diseases in the course of their work after being employed are held in the sight of this law as similar to sustaining work-related injuries and shall be fully compensated.

Chapter Nine. The All-China Federation of Trade Unions and Other Organizations.

Article 58.

The All-China Federation of Trade Unions is formed by uniting all workers and staff of all business enterprises and organizations throughout the nation. All types of trade unions and other local organizations must be organized in accordance with the rules and regulations passed by the National Congress of the All-China Federation of Trade Unions. All types of joint associations not organized in accordance with the said rules and regulations shall not be termed as a trade union, and also shall not be permitted to enjoy the legal rights of a congress of workers.

Article 59.

The Soviet guarantees the trade unions freedom of action. They have the right to proclaim and lead strikes, negotiate on behalf of workers, and sign contracts. The general trade unions of industrial workers in the various countries and provinces may represent workers in ratifying collective contracts of commerce and industry of local workers.

Article 60.

All collective or labor contracts are to be implemented under the supervision of factory or shop committees because they are the basic organizations of trade unions in enterprises. They are also allowed to supervise the implementation of this labor law and other laws pertaining to labor.

Article 61.

The principal task of the trade union is to represent individuals or collective workers and protect the interests of all labor workers. It is also to strive for means to improve all economic and cultural conditions of the worker, using various means to vigorously assist and strengthen the development, as well as protecting, the soviet movement and the soviet government.

Article 62.

In all the business enterprises of the State and cooperatives, the trade union directly participates and assists in the economy and the administration of these industries. In a private industry the trade union establishes a special organization to supervise production.

Article 63.

The soviet government provides material assistance to trade unions organizations and also allows them to enjoy such municipal public utilities as the mails, telephones, telegrams, electricity, running water, and preferential treatment on railways and steamers.

Article 64.

The employer will set aside a sum equivalent to 2 percent of the total wages for administrative expenses of the trade union, and another 1 percent for cultural expenses for the workers.

Article 65.

The employer must have the agreement of the trade union to terminate a worker. Representing the workers, the factory and shop committees of the trade union participate in arbitration committees to resolve all disputes between labor and capital.

Article 66.

Every factory and shop committee is for protecting the working conditions of the workers in their own industry. Every factory committee must select three to seven active workers to organize a special committee on labor safety. The role of this committee is to: a) inspect whether all the articles on labor safety in the labor law and in the collective contract have been implemented; and b) whether the proposals made in the inspection log of the labor inspection organization have been put into effect.

Article 67.

The trade union has the right to propose to the Soviet government for the proclamation of various types of labor laws and also to nominate and recommend

(the appointment of) labor inspectors. The members of the factory committee have the right to freely enter and leave the factory and inspect the entire factory with the credentials of the factory committee.

Chapter Ten. Social Insurance.

Article 68.

Social insurance is applicable to all hired workers regardless of whether he is with State, cooperative, or private industry, his length of service, or the wage system he comes under.

Article 69.

Besides the regular wages he should pay, the employer must turn over 10 to 15 percent of the total wages as social insurance funds. This table of percentages will be separately proclaimed under special order by the Ministry of Labor. It is absolutely forbidden to collect insurance premiums from the insured or to deduct them from his wages.

Article 70.

The following are the types of compensations under social insurance:

A. Free medical aid: Medical expenses will be paid regardless of whether it is for general illness, illness contracted from work, work related injuries or deaths, or occupational diseases. His family also enjoy similar free medical aid.

B. Subsidies for those temporarily incapacitated from work: The wages during absences from work due to sudden illnesses, injuries, separations, pregnancies, giving birth, and attending to ailing family members.

C. Unemployment compensation: 1. Trade union members with over a year's service are eligible, and over 2 year's employment is required for non-members; 2. The unemployed worker will be able to receive unemployment compensation only when he has registered with the employment office or the local trade union, or an organization certifies him as an ex-employee, or he has a trade union membership card; 3. The length of the period for paying unemployment compensation may be limited in accordance with the local situation and the condition of the insurance fund. However, an unemployed worker may still be eligible for a reasonable amount of unemployment compensation.

D. Compensation for the disabled and the aged and infirm: Cash compensation must be paid to any worker who becomes partially or totally disabled through occupational disease, injury, or for any other reason, or can no longer work because of age, and after the nature and severity of the disability and his family situation have been examined and verified by a special committee created for this sole purpose.

E. Child subsidy: As in the case of a worker who, after giving birth, needs to obtain subsidy for the purchase of necessary commodities and milk for the baby for 10 months. However, the aggregate total of such a subsidy shall not exceed 2 months' wages.

F. Funeral and burial subsidy: At the death of the worker or his family member, funeral and burial expenses are to be obtained from the social insurance office.

G. Poverty stipend for workers' families: When a worker whose family depend wholly on his earnings dies or is missing, his family is entitled to compensation. The size of the compensation and the length of the payment period will depend upon such conditions as the size of the worker's family, and this is to be examined and decided upon by the special committee. A worker who has been hired by, and has worked for more than 6 months in any business enterprise is entitled to this stipend. (Note) Sudden illness compensation is calculated from the first day of the illness and may be as high as the worker's wages. However, it shall not exceed the maximum amount normally stipulated for such compensations. A person disabled from occupational disease is equally entitled to this sickness compensation until the stipulated disability compensation becomes effective.

(Note) Minor's unemployment compensation may be applied and obtained by the worker regardless of the number of hours he works or of the type of work he is engaged in.

Article 71.

The employer cannot question the management of the social insurance office and the application of the social insurance funds. He has only the obligation to pay the social insurance premiums. The congress of trade unions will elect a control committee for social insurance organizations. Furthermore, with the approval of the government and under the supervision of the trade union and the Ministry of Labor, this committee will manage the collection of social insurance funds and its application.

(Note) The various subsidies listed under this chapter will be borne by the employer if a social insurance office has not yet been established.

Chapter Eleven. The Organization for Arbitration Between Labor and Capital and for Handling Cases of Labor Law Crimes

Article 72.

All cases concerning labor law crimes and disputes between labor and capital will either be decided by the labor court of the People's Court and enforced, or resolved peacefully through the adjudicative committee formed by representatives from both labor and capital and the arbitration committee in the Ministry of Labor. Details of the functions of the adjudicative and the arbitration committees will be announced separately by the Ministry of Labor.

Article 73.

Crimes against the labor law and all laws on labor as well as collective contracts will be handled by the labor court of the People's Court, regardless of what punishment will be meted out under the criminal code.

Chapter Twelve. By-Laws.

Article 74.

The Ministry of Labor will interpret the labor law should questions arise and there is dispute in the course of implementation. In areas which have not yet been united with the central soviet areas the labor department of the provincial government of that soviet area will do the interpreting.

Article 75.

In the soviet areas not yet united with the central soviet area, the highest political power organization has the authority to proclaim all detailed regulations and tables that the Ministry of Labor has the authority to promulgate.

o Anthology of Red Bandits Reactionary Documents, Vol 5, 1935

--- Notes

(Note) Night work is defined as the work hours beginning at 9 in the evening to the morning hours of the next day.


(Note:) The labor departments at various levels of government may, in consultation with the local general trade union and in accordance with the local situation, set aside local commemorative days as special rest days and wages will be paid as usual for these commemorative days.


All female workers engaged in physical labor will rest for 8 weeks before and 8 weeks after giving birth and their wages will be continued during this period. Female staff in organization engaged in mental labor (such as female clerks and secretaries) shall rest with pay for 6 weeks before and 6 weeks after giving birth. Two weeks rest with pay is given for miscarriages. (Note:) Wages paid to female workers for the period of rest preceding and following the giving of birth and for miscarriages are to be borne by the owner of the factory. Where social insurance offices have been established it will be paid through them.