**General Provisions**

**Article 1.** This Labor Law shall apply to all employed workers.

It shall apply to all enterprises, all institutions,

all shops (whether state-owned, collectively owned, privately owned, including those employing workers for home-based work), and all individuals who use the labor of others in exchange for goods or monetary compensation.

(Note 1) For middle peasants, poor peasants, small boat owners, small handicraft producers, and handicraft production cooperatives employing auxiliary labor, with the consent of the workers and trade unions, exemption from certain provisions of this Law may be granted, with special laws separately formulated and promulgated by the Central Executive Committee for implementation.

(Note 2) Furthermore, in the event of special circumstances (such as famine prevention, disaster prevention, events of war, etc., when there is a shortage of labor), the Central People's Committee, with the consent of the All-China Federation of Trade Unions, may, within a specified period, promulgate special laws for implementation, exempting the application of this Law.

For the two above-mentioned exceptions and time limits, workers and trade unions have the right at any time to demand their cancellation or shortening.

**Article 3 (Note: Original text reads "Article 2" based on context? The structure indicates its own numbering. Following original.)** This Law shall not apply to active military personnel of the Army, Navy, and Air Force of the Chinese Soviet Republic.

**Article 4 (Note: Original text reads "Article 3" based on context?)** For agricultural workers, seasonal workers, rural handicraft workers, coolies, domestic servants, and other workers with special working conditions, in addition to the general provisions of this Law, supplementary laws providing special protection for these workers shall be separately formulated and promulgated by the Central Executive Committee based on their working conditions.

**Article 5 (Note: Original text reads "Article 4" based on context?)** Any formal or informal collective contract or labor contract whose terms are worse than the conditions stipulated in this Law shall be null and void.

**Chapter I: Procedures for Hiring and Obtaining Labor Power**

**Article 6 (Note: Original text reads "Article 1" based on context?)** Every individual, and all enterprises, institutions, and shops residing within the territory of the Chinese Soviet Republic who wish to obtain the labor power of others through hiring to engage in work, except for the exceptions provided in Article 10 of this Law, must request referral from the agency under the government labor department (labor exchange).

Where such an agency has not been established by the local government labor department, referral must be requested from the trade union.

**Article 7 (Note: Original text reads "Article 2" based on context?)** Every person seeking work must register at the labor exchange under the local government labor department and be entered into the register of unemployed workers. If the local government labor department has not established a labor exchange, they shall register at the local trade union.

**Article 8 (Note: Original text reads "Article 7" based on context? Following original numbering.)** The establishment of private labor exchanges or employment agencies, and the entrusting of labor contractors, recruiters, compradors, or any individual to privately hire workers, are all prohibited. Requiring the person being referred to pay money or goods as compensation for the job referral, or deducting compensation for the job referral from wages, are also prohibited.

**Article 8.** All enterprises, institutions, shops, and private employers, when wishing to hire workers, must follow the procedures below and request referral from the labor exchange:

(1) They shall list the various conditions of the labor power required, and request referral from the competent government labor exchange in the name of the management department of the enterprise or institution, or in the name of the private employer themselves or their representative.

(2) Persons registered at the labor exchange whose conditions match those required in the preceding paragraph shall, according to the regulations of the labor exchange, be referred to the job.

(3) The employer, whether rejecting or accepting the worker sent by the labor exchange, must notify the competent government labor exchange according to the regulations set by the Ministry of Labor.

**Article 9.** If the following circumstances occur: (1) The conditions of required labor power listed by the employer at the labor exchange do not correspond to the actual situation; (2) Failure to fulfill the procedures necessary for hiring a worker; (3) Illegal refusal of the worker dispatched by the labor exchange.

**Article 10.** In the following circumstances, employers may recruit workers directly without going through the labor exchange, but must register at the competent labor exchange:

(1) When there is a need to employ specialists, managers, and administrators who bear political responsibility or whose status is related to the identity of the person employed.

(2) When the labor exchange, from the date of the employer's request, fails to recruit such a worker within the period stipulated in the labor exchange regulations.

**Article 11.** All enterprises, institutions, and all employers shall, according to the time limits set by the Ministry of Labor, report all employed workers in the prescribed format to the local labor department.

**Article 12.** For employers in rural areas hiring labor power and for registration of persons seeking work, special regulations shall be formulated by the Central Ministry of Labor in conjunction with the All-China Federation of Trade Unions for implementation.

**Chapter III: Working Hours**

**Article 13.** For all employed workers engaged in any work, the actual daily working hours shall generally not exceed eight hours.

**Article 14.** For the following categories of persons, their actual daily working hours shall not exceed six hours: (1) Minors from sixteen to eighteen years of age; (2) All persons engaged in mental labor, excluding personnel directly involved in manufacturing-related work; (3) Persons working in industrial sectors harmful to workers' health, and those working in underground strata. (Note) All industrial sectors harmful to workers' health shall be prescribed and published by the Central Ministry of Labor.

**Article 15.** For minors under sixteen years of age, the actual daily working hours shall not exceed four hours.

**Article 16.** Concerning the working hours stipulated in Articles 13, 14, and 15, the Central Ministry of Labor, with the consent of the All-China Federation of Trade Unions, may designate several categories of workers with special circumstances (such as workers undertaking political work, attending meetings, responsible workers, production cooperatives, and other workers with special circumstances) and formulate separate measures for them, not subject to the limitations on working hours provided above.

**Article 17.** For all persons working at night, their working hours shall be shorter than the usual daytime working hours. However, under conditions of continuous production or rotating shift work, nighttime working hours may remain the same as daytime hours. But wages for nighttime work must be increased (for those covered by Article 13, wages shall be increased by one-seventh of the daytime working hour wage; for those covered by Article 14, wages shall be increased by one-fifth). For piece-rate workers under the preceding circumstances, in addition to the wages earned under the piece-rate system, if the work is nighttime work, wages must be increased by one-seventh or one-fifth. (Note) "Nighttime" as referred to in this article means the time from 10:00 PM to 6:00 AM the following day.

**Article 18.** During the daily working hours, there shall be a stoppage of work of half an hour to one hour to meet the workers' needs for meals and rest. However, this stoppage time shall not be counted as part of the working hours. (Note) For workers laboring in industries where work cannot be stopped, special measures for this rest period shall be separately formulated and implemented by the Central Ministry of Labor.

**Article 19.** Work exceeding the statutory working hours (i.e., overtime work) is generally prohibited. However, when necessitated by work requirements, overtime work may be performed with the consent of the workers and the trade union and the approval of the local labor department. (Note) In the event of particularly urgent circumstances (such as preventing public disasters, eliminating obstacles in engineering projects, etc.) where overtime work must be performed and it is impossible to obtain the consent of the trade union and the labor department in time, the employer must notify the labor inspector for filing on the following day.

**Article 20.** The duration of overtime work performed shall not exceed four hours in total over two consecutive days. (Note) In agriculture and other seasonal work where overtime work exceeding the provisions of this article is necessary, the amount may be increased appropriately with the consent of the workers and the trade union and the approval of the labor department.

**Article 21.** Any time consumed due to delays in reporting to work caused by the factory management's fault shall not require the workers to perform compensatory overtime work.

**Chapter IV: Rest and Leave Time**

**Article 22.** All employed workers shall have at least forty-two consecutive hours of rest within every week. (Note) If, due to special work circumstances, weekly rest cannot be taken sequentially according to the usual method, a number of days of rest shall be granted in compensation at an appropriate subsequent period.

**Article 23.** Work shall be suspended on the following commemorative holidays: (1) January 1st – New Year's Day; (2) February 7th – Commemoration Day of the Warlords' Massacre of Jinghan Railway Workers; (3) March 18th – Paris Commune Commemoration Day; (4) May 1st – International Labor Day; (5) May 30th – Anti-Imperialism Commemoration Day; (6) August 1st – Anti-Imperialist War and Chinese Workers' and Peasants' Red Army Establishment Commemoration Day; (7) November 7th – Soviet October Revolution and Chinese Soviet Republic Establishment Commemoration Day; (8) December 11th – Guangzhou Uprising Commemoration Day. (9) Labor departments at all levels may, in consultation with local trade union federations, designate local commemorative holidays as rest days based on local conditions, provided that such local commemorative holidays do not exceed two days per year.

**Article 24.** For the weekly rest days and the commemorative holidays listed in the preceding article when work is suspended, wages shall be paid as usual. If work must be continued due to operational necessity, double wages shall be paid.

**Article 25.** On rest days and on the day preceding the commemorative holidays listed in Article 23, working hours shall not exceed six hours, and wages shall be the same as for a full working day. If wages are calculated on a monthly basis, no deduction from wages shall be made.

**Article 26.** All employed workers who have worked continuously for more than five and a half months shall, within one year, be entitled to at least two weeks of paid leave. Minors under eighteen years of age and persons working in industries harmful to workers' health shall be entitled to at least four weeks of paid leave per year.

**Article 27.** Workers may freely choose the period for taking the leave stipulated in Article 26, provided it does not impede the operation of the respective enterprise, institution, or household duties.

**Article 28.** Leave obtained by an employee due to sickness or childbirth shall not be counted within the leave period stipulated in Article 26.

**Chapter V: Wages (Remuneration for Labor Power)**

**Article 29.** The amount of remuneration (wages) received by an employee for selling their labor power shall be specified in the collective contract and labor contract. (Note) "Wages" as referred to in this article include the total term for the monetary part and the part in kind (such as meals, clothing, and goods in kind supplied by the employer).

**Article 30.** For all employed workers, their wages shall not be less than the minimum wage limits prescribed by the local government at each period, based on the local cost of living and the occupational grades of various workers.

**Article 31.** The minimum wage limits for all categories of employed workers shall be prescribed by the labor department of the local government every three to six months.

**Article 32.** For overtime work exceeding the statutory working hours, extra wages shall be paid. The amount of extra wages shall be specified in the collective contract and labor contract. However, for the first two hours of overtime work, the wage shall be increased by fifty percent compared to the usual daily wage; for overtime work exceeding two hours, double wages shall be paid.

**Article 33.** All employed women and minors, if performing the same work as adult male workers, shall receive the same wages. Minors working the hours stipulated in Article 14 or Article 15 shall still be paid full daily wages according to the wage scale for that occupation. The method for calculating minors' wages and the amount of wages shall be prescribed by the Central Ministry of Labor according to the circumstances and nature of work in various enterprises.

**Article 34.** If an employee is transferred to work with a lower wage than originally fixed, the original wage amount shall continue to be paid for two weeks from the date of transfer.

**Article 35.** For long-term work, wages shall be paid in installments, but at least once every half-month. For temporary work or work lasting less than two weeks, wages shall be paid upon completion of the work. (Note) For wages calculated on a monthly, seasonal, or annual basis, this article's restriction does not apply with the consent of the employee and the trade union.

**Article 36.** Wages shall be paid in the local usual currency. However, with the employee's consent, a portion may be substituted with goods. The amount of wages substituted with goods and the method for calculating the goods shall be specified in the labor contract and collective contract.

**Article 37.** Payment of wages shall be made at the workplace during working hours and must be handed directly to the employee or to a representative delegated by the employee.

**Article 38.** If the scheduled wage payment date falls on a holiday, the wages for the holiday period shall be paid before the holiday.

**Article 39.** For piece-rate work, the piece rate shall be specified in the collective contract and labor contract, and the standard daily wage must be prescribed based on the usual daily output. The method for setting contract work wages and the method for paying contract work wages shall also be specified in the contract. However, it is prohibited to use the contract work system to deduct or exploit wages due to workers.

**Article 40.** Productivity standards shall be prescribed by agreement between the management department of the enterprise or institution, or the employer, and the trade union. If an employee, due to their own fault, fails to meet the productivity standard under proper working conditions, they may be paid wages based on the work they have completed, but the amount shall not be less than two-thirds of the originally fixed wage. If an employee repeatedly fails to meet the productivity standard, the contract may be terminated according to the provisions of item (3) of Article 41 of this Law (Note: Reference to "Article 41" likely corresponds to "Article 102" or similar in later chapters; interpreted as per original text).

(Note) The proper working conditions referred to in this Article are as follows: (1) That the machinery and its operation are in perfect condition without any obstruction; (2) That all materials and implements required for the work are supplied on time and are sufficient for use; (3) That the workplace has suitable equipment for hygiene and physical movement (such as lighting, temperature, etc.).

Chapter VI
Labor of Women and Minors
Article 41
All places where work is particularly arduous and heavy, or harmful to the physical health of workers, as well as work that requires working underground in flat-floor spaces, shall not employ women or persons under 18 years of age.

The places where the employment of women and minors is prohibited shall be designated and announced by the Central and provincial labor departments.

Article 42
Pregnant and nursing women, as well as persons under the age of 18, shall not be employed for night work.

Article 43
Women engaged in manual labor shall rest for eight weeks each before and after childbirth.
Women engaged in mental labor shall rest for six weeks each before and after childbirth.

(Note 1) The wages during the rest period under this Article shall be paid by the Social Insurance Bureau if the employed person is insured by the social insurance bureau, otherwise by the employer.

(Note 2) One small miscarriage, certified by a doctor, shall be granted sick leave according to the illness regulations.

Article 44
Employed women who are more than five months pregnant shall not, without their own consent, be sent to work in another place away from their original place of residence. The employer shall not dismiss them within five months before childbirth, nor within nine months after childbirth, except under the circumstances specified in Item 7 of Article 102.

Article 45
Nursing women, during working hours, in addition to the ordinary rest periods and breaks provided for in Article 18 of this Law, shall have half an hour of rest every three hours for nursing their infants.
This rest period shall be counted as working time.
Factories must also set up nursing rooms and nurseries, with responsible caretakers appointed.

Article 46
The employment of boys and girls under 14 years of age is prohibited. The employment of minors aged 14 to 16 requires the permission of the labor inspection authorities.

Chapter VII
Apprentices
Article 47
All those who study various skills respectively in factories, workshops, shops, and in technical schools affiliated with factories under the guidance of specialized skilled workers are called apprentices.

Article 48
The duration of apprenticeship shall be separately prescribed by the Central Labor Department in conjunction with the All-China Federation of Trade Unions and the Ministry of Education according to the nature of each trade.
However, the maximum period of apprenticeship shall not exceed three years.

(Note) Supplementary decrees regarding the protection of various apprentices shall be separately issued by the Central Labor Department.

Article 49
No apprentice of any kind shall be forced to undertake tasks or perform religious rituals unrelated to the specific skill they are learning.

Article 50
Apprentices shall have at least one hour or more of special technical learning time each day.

Article 51
Apprentices shall receive appropriate wages after three months of learning technical skills, and thereafter their wages shall be increased according to the duration of their apprenticeship and standards of productivity.
The proportion of wages to which apprentices are entitled shall be prescribed by the Central Labor Department in conjunction with the All-China Federation of Trade Unions.

Article 52
All organs, enterprises, shops, and the specialized instructors of apprentices must, in accordance with the decrees issued by the Ministry of Labor, the Ministry of Education, and the Ministry of National Economy, bear responsibility for maintaining, protecting, and supervising the proper progress of the vocational learning of minor apprentices.
Beating, scolding, and maltreatment of apprentices are strictly prohibited.

(Note) The responsibility for examining and supervising the propriety of apprentices’ academic progress lies with the relevant labor department organs.

Chapter VIII
Guarantees and Allowances
Article 53
Workers and staff members who are elected as delegates to representative meetings convened by the Soviets or trade unions shall retain the right to receive wages during the period of their participation in such meetings.

Article 54
Workers and staff members who are summoned by a court to serve as witnesses, appraisers, or jurors and perform tasks entrusted by judicial organs for a period not exceeding one week shall retain the right to receive wages.

Article 55
Workers and staff members whose positions are canceled due to conscription for military service in the Red Army or due to being dispatched to serve in the Soviets, trade unions, or other social organizations shall be provided with a one-month wage allowance in advance.

Article 56
When a labor contract is terminated due to reasons in Items (1), (2), and (3) of Article 102, and when a labor contract is terminated due to reasons referred to in Articles 93 and 94, as well as when an employed person terminates a labor contract due to reasons referred to in Article 103, the employed person shall be provided with one week’s wage as a severance allowance.

Article 57
Necessary instruments and objects used in various enterprises for work shall be guaranteed for the employee to use at any time without charge.
If the employee uses their own instruments due to work needs and they are damaged, the employer shall be responsible for compensation.
If workers’ clothes are damaged due to work in various enterprises, the employer shall be responsible for compensating at the actual value.

(Note) This Article does not apply to handicraft workers doing odd jobs.

Article 58
Workers and staff members who temporarily lose their labor capacity shall retain their original work position. However, this shall be limited to three months for the sick, and for pregnant and childbearing women, in addition to the leave provided in Article 43, a further three months (Item 7 of Article 102).

Article 59
When work is suspended in various organs and enterprises without notice of contract termination, wages shall be paid as usual.

Article 60
If, due to the negligence of the employed person or non-compliance with the internal management rules of the factory or organ, instruments, objects, manufactured goods, and materials are damaged, and with the consent of the trade union factory committee, compensation for the value of the loss is deducted from the employed person’s wages, the amount shall not exceed one-third of the worker’s monthly wage.

Article 61
If an employer, due to lack of financial resources, owes wages to workers and staff members under collective contracts and labor contracts, such wages shall have priority over other debts and be paid first.

Chapter IX
Labor Protection
Article 62
No enterprise of any kind shall be opened, resumed, or relocated without the permission of the labor inspection authorities.

Article 63
All enterprises and organs must employ appropriate equipment to eliminate or mitigate dangers to workers, prevent accidents, and maintain hygiene in the workplace.

Article 64
For all work involving particularly harmful health conditions (such as irregular temperatures, humidity, or body contamination, etc.), and work in toxic enterprises, the enterprise owner must provide workers with work clothes and various protective equipment (such as goggles, masks, respirators, soap, etc.), and must provide workers with disinfectant solutions and special food (such as meat, milk, eggs, etc.).
Workers in the above situations shall undergo regular physical examinations.

Article 65
The current decrees on various labor protections shall be supervised and enforced by the labor inspection authorities under the government labor departments.
Labor inspectors shall be elected by meetings of the trade unions for a specified period and submitted for approval to the local labor department.
The scope of authority of the labor inspection organs shall be formulated and issued by the Central Labor Department through special regulations.

Chapter X
Social Insurance
Article 66
Social insurance shall be applied to all employed laborers, regardless of whether they serve in state enterprises, cooperative enterprises, private enterprises, or in shops or domestic service, regardless of the nature of their work, the duration of their working hours, and the form of wage payment.

Article 67
All enterprises, organs, shops, and private employers, in addition to paying wages to workers and staff members, shall pay an amount ranging from five percent to twenty percent of the total wages to the Social Insurance Bureau as social insurance funds.
The percentage table shall be prescribed by order of the Central Labor Department.
Insurance premiums shall not be collected from the insured, nor deducted from the insured’s wages.

(Note) Social insurance funds shall not be used for purposes unrelated to social insurance.

Article 68
The implementation of social insurance shall be as follows:
(1) Free medical assistance;
(2) Payment of allowances to those temporarily incapacitated for work (such as due to illness, injury, isolation, pregnancy and childbirth, and caring for sick family members);
(3) Payment of unemployment allowances when unemployed;
(4) Payment of pensions for disability and old age;
(5) Payment of subsidies to families in the event of childbirth, death, or disappearance.

Article 69
If an insured person temporarily loses labor capacity as specified in Item (1) of Article 68, regardless of the cause, from the date of loss of labor capacity until recovery or permanent disability is determined, allowances shall be paid at the rate of the wages received by the insured person in the enterprise or organ.

Article 70
If labor capacity is lost due to pregnancy and childbirth, wages shall be paid for the leave period as provided in Article 43 of this Law.

Article 71
If social insurance organs lack funds, the amount of allowances for temporary incapacity may be appropriately reduced.

Article 72
If the insured or the wife of an insured person lacks the ability to care for a child after childbirth, a one-time subsidy shall be paid, along with necessary items and maintenance expenses for the child within ten months.
However, the total amount of this subsidy shall not exceed one month’s wage of the insured.

Article 73
In the case of the death of the insured or family members for whose living expenses the insured is responsible, necessary funeral expenses shall be paid. The amount shall be determined by the local insurance authorities but shall not exceed one month’s wage of the insured.

Article 74
If the insured is unemployed, an unemployment allowance shall be paid. An insured who is a trade union member and has worked for more than half a year with insurance premiums paid by the employer may receive unemployment allowance; a non-trade union member who has worked for more than one year with insurance premiums paid by the employer may receive unemployment allowance.
To receive unemployment allowance, one must first register at a labor exchange and obtain a certificate of unemployment. If a trade union member, a trade union membership card is required as proof.
The duration of payment of unemployment allowance may be limited according to local conditions and the state of the social insurance fund.

(Note) For coolies and odd job workers receiving unemployment allowances, the Labor Department shall formulate special methods.

Article 75
If an insured person becomes partially or totally disabled due to illness or accident, or loses labor capacity due to old age, confirmed after examination by a special committee, a pension shall be paid.
The amount of the pension shall be determined by the degree and nature of the disability and the family circumstances of the insured.

Article 76
If the insured dies or disappears, or the family of the insured cannot obtain means of subsistence as a result, confirmed after examination by a special committee, a subsidy shall be paid. The amount and method of payment shall be determined by the local social insurance organs based on the age and property status of the recipients.
However, only the following family members of the insured may receive the subsidy provided in this Article:
(1) Unmarried children, brothers, and sisters under 16;
(2) Parents and wife without labor capacity;
(3) The above family members who have labor capacity but the insured has children under 8.

Article 77
Regarding social insurance for agricultural workers, coolies, domestic workers, and odd job workers, the Central Labor Department may formulate special regulations for implementation.

Article 78
Employers pay social insurance premiums, but the management of the social insurance organs and the use of social insurance funds shall not be interfered with by employers.

Chapter XI
Collective Contracts
Article 79
A collective contract is a contract concluded between a trade union as the representative of workers and staff members on the one hand, and the employer on the other hand, to stipulate the labor conditions and employment conditions of the employed laborers in various enterprises, organs, and shops, and to determine the content of future individual labor contracts.

Article 80
The clauses of a collective contract shall apply to all personnel working in the respective enterprise, organ, or shop, regardless of whether they are members of the trade union that concluded the contract.

(Note) The effect of a collective contract does not extend to managerial personnel who have the power to hire and dismiss workers.

Article 81
The duration of a collective contract shall be prescribed by the Central Labor Department in conjunction with the All-China Federation of Trade Unions.

Article 82
If the conditions stipulated in a collective contract are worse than those stipulated in this Law and other current labor decrees, they shall be null and void.

Article 83
A collective contract shall be made in writing and must be registered with the organs under the Labor Department. If such organ deems that some clauses of the contract are detrimental to workers or staff members under current labor decrees, it has the right to cancel them.
The procedure for registering collective contracts shall be prescribed by the Central Labor Department.

(Note) If the organ under the Labor Department cancels some clauses of a collective contract and both parties declare that they wish to register the remaining clauses, registration shall be granted.

Article 84
A registered collective contract shall take effect from the date of signing by both parties, or from the date specified in the contract.

Article 85
When an enterprise, organ, or shop is transferred to a new owner, a registered collective contract shall remain valid during the term of the contract.

(Note) In the case of the preceding situation, both parties to the contract have the right to declare a review of the contract, but must notify the other party two weeks in advance.

Before a new contract is concluded, the existing contract remains in effect.

Article 86: If a collective contract, for any reason, is not registered with an agency under the Ministry of Labor, any future disputes between workers and employers related to the contract shall be resolved not on the basis of that contract, but on the basis of the current labor laws and decrees.

Chapter 11: Labor Contracts
Article 87: A labor contract is an agreement concluded between two or more persons whereby one party (the employed) provides their labor in return for remuneration from the other party (the employer).

A labor contract may be concluded irrespective of whether a collective contract exists.

Article 88: The terms of a labor contract shall be determined through mutual agreement by both parties.
However, any terms in a labor contract that are less favorable than those stipulated in the current labor laws and decrees, the collective contract, or the internal management rules of the factory or institution, or that impose restrictions on the political or civil rights of the worker, shall be null and void.

Article 89: After a labor contract is concluded, the employed person shall be promptly issued a work book. The contents of this work book shall be prescribed by a special order issued by the Central Ministry of Labor.
(Note) If the effective period of the labor contract is within one week, the above work book shall not be issued.

Article 90: Minors under a labor contract enjoy the same rights as adults.
However, if the continuation of the contract is harmful to the physical health of the minor, the minor's parents, as well as agencies and personnel responsible for supervising the enforcement of labor laws and decrees, may demand termination of the contract even before its expiration.

Article 91: The effective period of a labor contract is classified into the following three types:
(1) A fixed term of less than one year;
(2) An indefinite term;
(3) The entire duration required to complete a specific project.

Article 92: An employed person may not, without the employer's consent, delegate the work they have undertaken to another person. However, the following circumstances are exempt from this restriction:
(1) The labor contract involves work collectively undertaken by multiple workers;
(2) The employed person themselves loses the capacity to work and is genuinely unable to inform the employer under the circumstances at the time.

Article 93: The employer may not require the employed person to perform work unrelated to the tasks specified in the contract, nor work that endangers the employed person's life or violates labor laws and decrees.
If the employer, having hired a worker for a specific task, temporarily has no such task at that location or is temporarily unable to proceed with that task, the employer may request the employed person to transfer to other work of a similar nature. If the employed person refuses to undertake it, the contract may be terminated, but a severance allowance equal to two weeks' wages must be provided. For daily workers, the day's wage shall be given; for monthly workers, five days' wages shall be given.
In cases of special necessity to prevent danger or public disasters, the employer may require the employed person to perform work entirely different in nature from their regular occupation.
If the above circumstances occur, the employed person's original wages shall not be reduced. However, if the wages for such temporary work are higher than the employed person's original wages, payment shall be made according to the higher wage rate.

Article 94: Transferring an employed person from one institution to another, or from one location to another, even if the institution or funds relocate simultaneously, requires the prior consent of the employed person.
If the employed person does not consent, the labor contract may be terminated by one party. However, a severance allowance of two weeks' wages must be provided.

Article 95: For work of a permanent nature, an appropriate probationary period may be established for the employed person before the labor contract is concluded.
However, the probationary period must not exceed six days for ordinary workers, half a month for clerks and technical personnel, and one month for responsible personnel. The outcome of the probationary period shall promptly determine employment or non-employment. In the event of non-employment, the employed person shall be paid for the probationary period at a rate corresponding to the grade of the work.
The outcome of the probationary period (employment or non-employment) shall be promptly reported to the local labor exchange. Workers on probation shall still be regarded as unemployed and shall retain their position in the rotational order for job referrals.

Article 96: Any conduct involving secret communications or the exchange of information between employers with the intent of setting conditions for employing labor is strictly prohibited.

Article 97: Except in accordance with special laws, decrees, or the internal management rules of the factory or institution, employers or the management of enterprises and institutions are prohibited from collecting fines from the employed.

Article 98: A labor contract may be terminated under any of the following circumstances:
(1) Termination by mutual consent of both parties;
(2) Expiration of the contract term;
(3) Completion of the work specified in the contract;
(4) Declaration by one party in accordance with Articles 93 and 94 of this Law.

Article 99: Labor contracts shall not be terminated in the event of the relocation or change of ownership of any enterprise or institution.

Article 100: If the term stipulated in a labor contract has expired, but the labor relationship continues and neither party has declared a demand for termination, the labor contract shall remain in effect under its original terms and for an unlimited duration.

Article 101: For an indefinite-term labor contract, the employed person may demand termination at any time. However, ordinary workers must give the employer one week's prior notice; responsible personnel and technical personnel must give the employer two weeks' prior notice.

Article 102: For an indefinite-term labor contract or a fixed-term contract that has not yet expired, in addition to the circumstances stipulated in Articles 93 and 94, the employer may demand termination under any of the following circumstances:
(1) Full or partial closure or reduction of operations of an enterprise, institution, or shop;
(2) Suspension of work for over one month due to insurmountable economic reasons;
(3) Discovery that the employed person is incapable of performing the work;
(4) The employed person fails, without sufficient cause, to fulfill duties stipulated in the contract or internal management rules of the factory or institution;
(5) The employed person commits a criminal offense directly related to the work they undertake and is finally convicted by a court, or the employed person is subjected to imprisonment for a term exceeding three months;
(6) The employed person is absent from work without cause for five consecutive days or more, or absent without cause for a total of seven days or more within one month;
(7) The employed person, due to temporary loss of working capacity, fails to report to work after three months from the date of such loss, or a female worker, due to pregnancy and childbirth resulting in loss of working capacity, fails to report to work after an additional three months beyond the rest period stipulated in Article 43 of this Law.
(Note 1) If the employed person is a member of the factory branch committee or a committee of another equivalent body, termination of the labor contract requires the consent of the Trade Union.
(Note 2) In cases falling under items (3) and (4) of this Article, termination of the labor contract requires the consent of the Trade Union before execution.
(Note 3) In cases of termination based on items (1), (2), and (3) of this Article, a severance allowance of two weeks' wages must be provided to the employed person.

Article 103: A fixed-term labor contract, even if its term has not expired, may be terminated by the employed person under any of the following circumstances:
(1) The employed person fails to receive due remuneration on time;
(2) The employer violates the duties stipulated in the contract or labor laws and decrees;
(3) The employer, the management, or their family members treat the employed person unjustly;
(4) A change in working conditions renders them less favorable;
(5) Other circumstances stipulated by law.

Article 104: Any labor contract may be terminated upon the demand of the Trade Union.

Article 105: Any institution, enterprise, or shop that hires new workers or office staff must notify the branch committee of the Trade Union within three days. If it wishes to dismiss workers or office staff, it must notify the branch committee of the Trade Union three days in advance.

Chapter 13: Trade Union Federations and Their Organizations in Enterprises, Institutions, and Shops
Article 106: Trade Union Federations (referred to as Trade Unions or Labor Unions) are organizations formed by uniting employed workers in enterprises, institutions, shops, and households.
The All-China Federation of Trade Unions is the central body of all national trade union federations. The organizational structures of the various trade union federations must be registered with the central committee of the respective industrial trade union federation and the All-China Federation of Trade Unions, in accordance with the constitution adopted by the National Congress of the All-China Federation of Trade Unions.

Article 107: All other unified organizations that are not registered with the central body of the respective industrial trade union federation and the All-China Federation of Trade Unions in accordance with the preceding Article shall not be permitted to call themselves Trade Union Federations, nor enjoy the legal rights of Trade Unions.

Article 108: Trade Union Federations and their subordinate branches shall have the following rights:
(1) To proclaim and lead strikes;
(2) To represent workers and office staff in signing contracts with the management of enterprises and institutions, as well as with private employers;
(3) To publish newspapers and periodicals, establish schools, libraries, and clubs, and to acquire and manage property;
(4) In enterprises, institutions, and shops, to assist labor inspection organs in supervising the enforcement of labor laws and all other labor decrees;
(5) To establish special organs to supervise production in private enterprises;
(6) To participate in the management of state-owned enterprises;
(7) To propose the promulgation of various labor decrees to the Soviet Government, and to propose and nominate personnel for agencies under the Ministry of Labor.

Article 109: Trade Unions shall enjoy various forms of material assistance from the Soviet Government, and shall enjoy preferential treatment regarding post, telegraph, telephone, electric lighting, water supply, tramways, municipal public utilities, and railways and steamships.

Article 110: The branch committees of Trade Unions within military organs shall be organized in accordance with special regulations formulated and promulgated by the Central Ministry of Labor jointly with the Revolutionary Military Council and the All-China Federation of Trade Unions.

Article 111: The management or employers of any institution, enterprise, or shop shall not obstruct any actions of Trade Union organs. However, the convening of general meetings or congresses of workers and office staff of that institution, enterprise, or shop shall, under ordinary circumstances, be conducted outside working hours. Sending delegates to participate in Soviet meetings or congresses of higher-level Trade Unions may still be conducted during working hours.

Article 112: In addition to paying wages to workers and office staff, every institution, enterprise, and shop shall pay two percent of the total wage sum as administrative expenses for the Trade Union, and an additional one percent as cultural and educational expenses for the Trade Union.

Article 113: Members of committees of Trade Unions at all levels, with their membership certificates, shall have the right to freely inspect all workplaces within any institution, enterprise, or shop.

Chapter 14: Management Rules
Article 114: When the number of workers in any enterprise, institution, or shop is five or more, internal management rules may be formulated to organize the internal work order. Such rules shall only take effect after they have been determined in accordance with legal procedures (Articles 116 and 118) and announced to all workers.

Article 115: In the internal management rules mentioned in the preceding Article, the general and special duties of both workers and management, as well as the scope of responsibility for violating the rules and the methods for establishing responsibility, shall be clearly and specifically stipulated.

Article 116: Internal management rules shall not conflict with any current labor laws and decrees, orders, or the collective contract currently in effect within that enterprise, institution, or shop.

Article 117: Standard internal management rules shall be formulated by the Central Ministry of Labor jointly with the All-China Federation of Trade Unions and the Central National Economic Department. Prior to the formulation of internal management rules by any enterprise, institution, or shop, or before such management rules are approved (Article 118), the standard management rules mentioned in this Article shall be observed by all enterprises, institutions, and shops.

Article 118: The internal management rules of all enterprises, institutions, and shops shall be agreed upon by their respective management departments in conjunction with the local Trade Union, and then submitted to the agency under the Ministry of Labor for approval.

Chapter 15: Organs for Resolving Disputes and Handling Cases of Violations of Labor Laws
Article 119: All cases involving violations of labor laws, other decrees concerning labor issues, and collective contracts shall be adjudicated by labor courts.

Article 120: When disputes and conflicts arise between any institution, enterprise, or shop and the employed over various issues concerning labor conditions, the labor departments at all levels, with the consent of both parties, may carry out mediation and arbitration. However, in cases of major disputes, the labor departments at all levels may carry out arbitration even without the consent of both parties.

Article 121: In state-owned enterprises, state organs, and cooperative enterprises, Wage Dispute Committees may be formed with an equal number of representatives appointed by the management and by the factory or workshop branch committee of the Trade Union. The functions of the Wage Dispute Committee are as follows:
(1) To assess the amount of wages due to workers and office staff in that enterprise or institution;
(2) To resolve disputes arising between the management and workers/office staff regarding the enforcement of labor laws, decrees, and collective contracts;
(3) The decisions of the Wage Dispute Committee require the agreement of both parties. Cases that cannot be resolved by the Wage Dispute Committee shall be referred to an agency under the Ministry of Labor or to a labor court for handling.

Mao Zedong, Chairman of the Central Executive Committee of the Chinese Soviet Republic
Xiang Ying, Vice Chairman
Zhang Guotao, Vice Chairman

October 15, 1933, Gregorian Calendar