PROVISIONAL REGULATIONS GOVERNING THE UTILIZATION OF AUXILIARY LABOR

20 February 1934

[Text] Order of the Executive Committee, Provisional Central Government, Chinese Soviet Republic.

The Provisional Regulations Governing the Utilization of Auxiliary Labor are hereby proclaimed.

Third writing.

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

Hsiang Kuo-t'ao, vice chairman

Chang Kuo-t'ao, vice chairman

Article 1

These regulations are drawn up in accordance with the provisions of Note 1, Article 1 of the Labor Law promulgated 15 October 1933. All rely on their own labor for their livelihood but middle peasants, poor peasants, small boat operators and small handicraftsmen with insufficient labor who employ the labor of others to assist their own labor insufficiency, so long as they observe these regulations, are exempt from the various restrictions of the Labor Law. However, rich peasants who regularly exploit the labors of others and enterprises, organs, shops and workshops which regularly employ two or more persons, cannot apply these regulations.

Article 2

The labor placement procedures for employing auxiliary labor are carried out in accordance with the general provisions of the Labor Law on hiring procedures. During the busy farming season or other periods of seasonal work, the employer who employs seasonal workers must recruit his own laborers but he must report to the employment agent.

Article 3

The average actual working hours per day for laborers hired as auxiliary labor cannot exceed 8 hours. The worker can, if he wishes, work overtime, providing the overtime does not exceed 4 hours in 2 consecutive days.

Article 4

The average actual working hours per day for minors hired as auxiliary labor generally cannot exceed 6 hours but when the job requires the equivalent of an adult's working time, with the agreement of the employee, the employer can require the employee to extend the appropriate working hours and work over-time but such working hours have the same restrictions as the same job done by an adult.

Article 5

The actual working time and break time per day are agreed on by both the employer and employee before the job. If it amounts to full-time for a month it must be agreed on in a contract.

Article 6

There should be one to two breaks in the morning and afternoon every day for tea and smoking breaks. At noon there should be a longer break for eating and a nap. These breaks are not included in figuring the actual work hours.

(Note:) Women nurse their children during the break time.

Article 7

On a full-time, month-long job, for every legal holiday that should be taken off with pay but that is not taken off on the day of the holiday, within an appropriate time, a number of compensatory days may be taken off.

Article 8

Commemoration days stipulated in the Labor Law and local revolutionary commemoration days stipulated by the local governments are holidays for all. Those who do conduct work on commemoration days, no matter whether it is full-time for a month or part-time, must obtain the agreement of the worker and pay double time.

Article 9

Vacation time limits, vacation procedures and wages for vacation periods for laborers hired as auxiliary labor who work continuously for over 5 1/2 months, are governed by Articles 26, 27 and 28 of the Labor Law.

Article 10

The amount of wages due and payment procedures for all laborers hired as auxiliary labor, must be stipulated in a contract. If it is part-time work, it must be agreed upon by both the employer and worker before the job but it can never be less than the minimum wage promulgated by the local government.

Article 11

Wages are paid mainly in the local common currency but with the agreement of the employee, goods may be substituted for wages.

Article 12

Wages cannot be postponed. The pay day for each pay period of a full-time month-long job must be stipulated in a contract.

Article 13

Overtime wages must be paid for overtime work beyond the legal hours. The payment procedures for overtime wages must be stipulated in a contract. If it is part-time, it must be agreed upon before the job.

Article 14

For all those who perform work hazardous to the health (such as carrying manure or dismantling or demolishing houses), the employer must provide the employee with gear such as aprons and must provide special food such as eggs and meat.

Article 15

The employee's lodging site must be placed in a clean, healthy location. The employee cannot be ordered to lodge close to ash sheds, stables or outhouses. In cold weather, the employee must be provided cotton quilts and in hot weather, must be provided mosquito netting or mosquito repellent.

Article 16

The meals the employer serves to the employee must be the same as the employer's and there must be enough food.

Article 17

Women employees, if full-time, must be given 2 months leave with pay before and after giving birth. Wages for this leave time must be paid by the employer.

Article 18

If an employee who undertakes a full-time job to last continuously for over 6 months gets sick or injured after completing 2 months, medical care and wages are provided for 1 month by the employer. Those who have not completed 2 months are governed by Article 19.

Article 19

If an employee who undertakes a job by the month to last continuously for over 3 months gets sick or injured after completing 1 month, the employer is responsible for medical care and wages for 1 week. Those who have not completed 1 month are governed by Article 20.

Article 20

If those working by the month for a month get sick or injured after completing 10 days, the employer is responsible for medical care and wages for 3 days. Those who have not completed 10 days are governed by Article 21.

Article 21

If an employee on part-time day-work gets sick or injured on the job, wages and medicine for that day must be provided.

Article 22

If a laborer who is hired as auxiliary labor dies during the period of employment, the employer must provide the employee's dependents with funeral expenses. This allowance is paid according to the following procedures:

(1) If a full-time employee dies from a work-related illness or injury, no matter whether the employee is permanent or temporary, an allowance of 2 months of the employee's wages must be provided. If the death is due to ordinary causes, if the employee has worked 1 full month, the employer must provide the employee's dependents with 1 1/2 months of the employee's wages as a death and funeral allowance. If the employee has not worked 1 full month, the employer must provide the employee's dependents with 1 month of the employee's wages as a death and funeral allowance.

(2) If an employee hired by the month dies from a work-related illness or injury, whether the employee is permanent or temporary, the employer must provide the employee's dependents with 1 month of the employee's wages as a death allowance. If the death is due to an ordinary illness or injury, if the employee has worked 10 full days, the employer must provide the employee's dependents with half-a-month of the employee's wages as a death and funeral allowance. If the employee has not worked 10 full days, the employer must provide the employee's dependents with 10 days of the employee's wages as a death and funeral allowance.

(3) If a part-time employee dies from a work-related injury, the employer must provide the employee's dependents with 10 yuan for the employee's funeral expenses.

Article 23

These regulations go into effect the day of proclamation.

* (Provisional Regulations Governing the Utilization of Auxiliary Labor)
* Compilation of Red Bandit Reactionary Documents, Vol 5, 1935.