Law of the People’s Republic of China on Work Safety

Updated: 2002-06-29

Chapter III

Rights and Obligations of Employees relating to Work Safety

Article 52  The labor contract concluded between the production and operation entities and their employees shall specify the items related to the protection of the employees' safety and the prevention of occupational hazards, as well as the items of, according to the law, paying for work-related injury insurance for their employees.

No production or business entity may, in any form, conclude agreements with their employees in an attempt to evade or lessen the responsibilities that they should bear for the injuries and deaths of employees due to accidents related to work safety in accordance with the law.

Article 53  Employees of production and operation entities shall have the right to getting knowledge of the risky factors, as well as the preventive measures and emergency response measures in their workplaces and posts to be taken in the event of accidents, and they shall have the right to put forward suggestions on work safety of the entities where they work.

Article 54  Employees shall have the right to criticize, report, and accuse the entities where they work for the problems existing in work safety management. They shall have the right to refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.

No production and operation entity may reduce the wages, welfare standards and other remuneration of, or cancel the labor contracts concluded with its employees because the latter criticizes report, accuse the entity of the problems existing in its work safety management, or refuse to comply with the directions that are contrary to rules and regulations or arbitrary orders for risky operations.

Article 55  On spotting emergent situations that directly threaten personal safety, the employees shall have the right to suspend the operation or evacuate from the workplace after taking possible emergency response measures.

No production and operation entity may reduce the wages, welfare standards and other remuneration of, or cancel the labor contracts concluded with its employees because the latter, under the emergent situations mentioned in the preceding paragraph, suspend the operation or take emergency response measures for evacuation from the workplace.

Article 56  If accidents related to work safety occur, production and operation entities must take timely measures to rescue and treat the affected personnel.

Employees who are harmed in accidents related to work safety, if entitled to claim compensation according to relevant civil laws, in addition to enjoying the work-related injury insurance in accordance with the law, have the right to demand compensation.

Article 57  In the course of operation, employees shall strictly fulfill safety responsibilities in their posts, abide by work safety rules and regulations and operating procedures of the entities where they work, subject themselves to management, and wear and use the labor protection products correctly.

Article 58  Employees shall receive education and work safety training to master work safety knowledge needed for the jobs they do, improve their skills related to work safety, and develop their ability to prevent accidents and respond to emergencies.

Article 59  On spotting hazards that may lead to accidents or other factors that may jeopardize safety, employees shall immediately report the matter to the persons in charge of work safety on the spot or persons in charge of their entities. Persons who receive such reports shall handle the matter in a timely manner.

Article 60  Trade unions shall have the right to supervise and put forward comments and suggestions on the simultaneous design, construction and commissioning of the safety facilities and the main structure of a construction project.

Trade unions shall have the right to demand that production and operation entities set to right their violations of laws and regulations on work safety and their infringement of the lawful rights and interests of the employees. When discovering that production and operation entities issue directions contrary to rules and regulations, or arbitrary orders for risky operations, or when discovering hazards that may lead to accidents, trade unions have the right to put forward suggestions for solutions, and the production and operation entities shall consider the suggestions and respond in a timely manner. When discovering situations in which lives of the employees are threatened, trade unions shall have the right to put forward suggestions to the production and operation entities for organized evacuation of the employees from the endangered workplace, and the production and operation entities shall deal with such situations immediately.

The trade unions shall be entitled to participate in the investigations of accidents, give their comments on the handling of accidents, and request relevant personnel to undertake responsibilities.

Article 61  Where production and operation entities use any dispatched workers, the dispatched workers shall enjoy the rights of employees under this Law and shall perform the obligations of employees under this Law.

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