REGULATIONS GOVERNING PUNISHMENTS FOR VIOLATING LABOR LAW

Promulgated by Central Executive Committee

15 October 1933

[Text] Article 1. These Regulations are promulgated specially for the purpose of making known punishments on employers (private, state, or cooperative-owned) who violate the Labor Law. All acts of violation of the Labor Law shall be punished according to these Regulations.

Article 2. All employers who violate the provisions in each chapter of the Labor Law shall be punished respectively as follows:

(a) In an enterprise or organ with less than three hired workers, the employer who violates the Labor Law shall be fined not less than 3 silver dollars or sentenced to no less than 3 days' compulsory labor or imprisonment.

(b) In an enterprise or organ with more than three but less than seven hired workers, in case that the employer's violation of the Law concerns only a small portion of the hired workers, he shall be fined not less than 10 silver dollars or sentenced to not less than 10 days' compulsory labor or imprisonment. In case that the employer's violation of the Law concerns the majority or all of the hired workers, he shall be fined not less than 20 silver dollars or sentenced to not less than 2 weeks' compulsory labor or imprisonment.

(c) In an enterprise or organ with seven hired workers or more, in case that the employer's violation of the Law concerns only the minority of the hired workers, he shall be sentenced to not less than 1 month's compulsory labor or imprisonment or fined not less than 30 silver dollars. In case that the employer's violation of the Law concerns the majority or all of the hired workers, he shall be sentenced to no less than 3 months' imprisonment or fined not less than 100 silver dollars.

Article 3. All employers who violate presently valid decrees concerning the labor problem shall be punished in accordance with the various provisions in Article 2 of these Regulations, depending on the degree of their respective violations of the Law and the number of employees affected.

Article 4. In the event that a private employer or the manager of a state or cooperative-owned enterprise violates the collective agreement concluded with a labor union and that collective agreement has been registered with the local labor department, he shall be judged as having violated the Labor Law and punished according to the provisions in Article 2 of these Regulations.

Article 5. All employers who interfere with the lawful acts of the responsible officials of a labor union or an organ at any level or their representatives or obstruct them in exercising their functions and powers shall be sentenced to not less than 3 days' compulsory labor or imprisonment or fined not less than 3 silver dollars, depending on the degree of the offense.

Article 6. All employers who use intimidation or bribery to deter workers or staff members from joining a labor union in an attempt to achieve the purpose of violating the Labor Law or collective agreement shall be sentenced to not less than 3 days' compulsory labor or imprisonment or fined not less than 5 silver dollars, depending on the degree of the offense.

Article 7. All cases involving violations of the Labor Law or other presently valid decrees concerning the labor problem and of collective agreements shall be dealt with in labor courts according to the fundamental principles of these Regulations.

Article 8. In the event of violations of the Labor Law or collective agreements occurring in state-owned or cooperative-run enterprises, these violations may be settled by a special committee organized by the Department of Labor, Department of the National Economy, and the labor union concerned. In case that these violations cannot be settled by the special committee, they shall be turned over to a labor court, which shall render judgment on them according to the fundamental principles contained in articles 2, 3 and 4 of these Regulations and carry out this judgment arbitrarily.

Article 9. With reference to middle and poor peasants, handicraft workers and small boat owners who employ other people's labor to make up their own deficiency of labor, they should not be punished in a mechanical way according to the provisions in articles 2, 3 and 4 of these Regulations in case that they, with the concurrence of the workers and their labor union, do not comply with the provisions of the labor decrees.

Article 10. These Regulations may be amended or abrogated by the Central Executive Committee at any time.

Mao Tse-tung, Chairman of the Central Executive Committee of the Soviet Republic of China

Hsiang Ying, Vice Chairman

Chang Kuo-t'ao, Vice Chairman

15 October 1933

° "Soviet Law," No 2