劳动法

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劳动法 [2025/08/13 03:51] – created xiaoer劳动法 [Unknown date] (current) – removed - external edit (Unknown date) 127.0.0.1
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-====== láodòngfǎ: 劳动法 - Labor Law ====== +
-===== Quick Summary ===== +
-  * **Keywords:** 劳动法, laodongfa, China Labor Law, Chinese employment law, employee rights China, working in China, Labor Contract Law, 劳动合同法, laodong hetong fa, work contract China, 996 +
-  * **Summary:** The **劳动法 (láodòngfǎ)** is the foundational "Labor Law" of the People's Republic of China. This crucial piece of legislation governs the relationship between employers and employees, defining workers' rights, maximum working hours, minimum wages, and conditions for contract termination. For anyone working in, hiring in, or doing business with China, a basic understanding of the **劳动法** is essential to navigate the legal landscape of Chinese employment. +
-===== Core Meaning ===== +
-  * **Pinyin (with tone marks):** láodòngfǎ +
-  * **Part of Speech:** Noun +
-  * **HSK Level:** N/A (Advanced Legal Term. Component characters 劳 and 法 are HSK 5 and HSK 3, respectively.) +
-  * **Concise Definition:** The Labor Law of the P.R.C., a legal framework that protects the rights of workers. +
-  * **In a Nutshell:** Think of **劳动法 (láodòngfǎ)** as the rulebook for all employment in China. It's not just an abstract legal concept; it's a term people use when they feel their rights are being violated, especially concerning overtime pay, unfair dismissal, or unsafe working conditions. It represents the state's official stance on protecting the worker, forming the basis for employment contracts and legal disputes. +
-===== Character Breakdown ===== +
-  * **劳 (láo):** This character means "labor," "work," or "toil." It's composed of a modified top part (荧 without fire radicals) and the bottom part 力 (lì), which means "strength" or "power." The character visually represents the exertion of strength for work. +
-  * **动 (dòng):** This character means "to move," "action," or "activity." It combines 云 (yún - cloud) and 力 (lì - strength), suggesting the force or power that causes movement and action. Together, **劳动 (láodòng)** means "labor" or "physical work." +
-  * **法 (fǎ):** This character means "law," "method," or "standard." The ancient pictograph showed water (氵) flowing away (去 qù), representing a standard or level surface, like water finding its own level. It embodies rules, order, and legislation. +
-  * **How they combine:** The characters form a very direct and literal meaning: **劳动 (labor) + 法 (law) = 劳动法 (Labor Law)**. +
-===== Cultural Context and Significance ===== +
-  * **Socialist Roots and Worker Protection:** The **劳动法** is ideologically rooted in China's socialist principles, which theoretically place the "working class" (工人阶级, gōngrén jiējí) at the center of society. The law is designed to be a tool for protecting laborers from exploitation, reflecting a state-led vision of social stability. +
-  * **Contrast with Western "At-Will Employment":** A crucial point of contrast for Westerners is the concept of job security. In many parts of the U.S., "at-will employment" is the norm, meaning an employer can terminate an employee for almost any reason (or no reason at all), as long as it's not illegal discrimination. In China, the **劳动法** and the more specific **劳动合同法 (Labor Contract Law)** make this impossible. An employer needs a legally valid cause to fire an employee, and the process is strictly regulated. This fundamental difference often surprises foreign managers. +
-  * **Harmony and Stability:** The law's emphasis on stable, long-term employment contracts is linked to the core cultural value of social harmony (和谐, héxié). Widespread unemployment or frequent, unpredictable job changes are seen as threats to social stability, so the law creates a high bar for termination. +
-===== Practical Usage in Modern China ===== +
-  * **Everyday Complaints:** The **劳动法** is most commonly invoked by employees in conversations about unfair work practices. If a company forces employees to work excessive overtime without pay, a common complaint is, "他们这违反了劳动法!" (Tāmen zhè wéifǎnle láodòngfǎ! - "What they're doing violates the Labor Law!"). +
-  * **The "996" Debate:** The term became central to a nationwide debate about the "996" work culture (9 am to 9 pm, 6 days a week) prevalent in many tech companies. While many companies practiced it, it is a clear violation of the **劳动法**'s articles on working hours, sparking intense discussion on social media and even drawing comments from government bodies. +
-  * **Formal and Legal Contexts:** In formal settings, the **劳动法** is the foundation of all HR policies, employment contracts (劳动合同), and labor disputes. When a conflict between an employee and employer cannot be resolved internally, it often proceeds to labor arbitration (劳动仲裁), where the case is judged based on the provisions of the **劳动法**. +
-===== Example Sentences ===== +
-  * **Example 1:** +
-    * 中国的**劳动法**保护工人的合法权益。 +
-    * Pinyin: Zhōngguó de **láodòngfǎ** bǎohù gōngrén de héfǎ quányì. +
-    * English: China's **Labor Law** protects the legal rights and interests of workers. +
-    * Analysis: This is a formal, objective statement you might find in a textbook or news article, explaining the law's fundamental purpose. +
-  * **Example 2:** +
-    * 你应该仔细阅读你的劳动合同，确保它符合**劳动法**。 +
-    * Pinyin: Nǐ yīnggāi zǐxì yuèdú nǐ de láodòng hétong, quèbǎo tā fúhé **láodòngfǎ**. +
-    * English: You should read your labor contract carefully to ensure it complies with the **Labor Law**. +
-    * Analysis: This is practical advice given to someone starting a new job in China. It shows the law as a standard to measure contracts against. +
-  * **Example 3:** +
-    * 强制加班是违反**劳动法**的。 +
-    * Pinyin: Qiángzhì jiābān shì wéifǎn **láodòngfǎ** de. +
-    * English: Forced overtime is a violation of the **Labor Law**. +
-    * Analysis: A common grievance and a clear-cut example of how the law is invoked to describe an illegal work practice. +
-  * **Example 4:** +
-    * 如果公司无故解雇你，你可以用**劳动法**来保护自己。 +
-    * Pinyin: Rúguǒ gōngsī wúgù jiěgù nǐ, nǐ kěyǐ yòng **láodòngfǎ** lái bǎohù zìjǐ. +
-    * English: If the company fires you without cause, you can use the **Labor Law** to protect yourself. +
-    * Analysis: This sentence highlights the law's role as a tool for self-protection in a dispute. +
-  * **Example 5:** +
-    * 我们公司的人力资源部对**劳动法**非常了解。 +
-    * Pinyin: Wǒmen gōngsī de rénlì zīyuán bù duì **láodòngfǎ** fēicháng liǎojiě. +
-    * English: Our company's HR department is very knowledgeable about the **Labor Law**. +
-    * Analysis: This shows the professional context. For HR (人力资源), knowing the **劳动法** is a core job requirement. +
-  * **Example 6:** +
-    * 很多外籍员工刚来中国时，不熟悉这里的**劳动法**。 +
-    * Pinyin: Hěnduō wàijí yuángōng gāng lái Zhōngguó shí, bù shúxī zhèlǐ de **láodòngfǎ**. +
-    * English: Many foreign employees are not familiar with the **Labor Law** here when they first come to China. +
-    * Analysis: A statement about a common challenge for expatriates, emphasizing the need for learners to study this topic. +
-  * **Example 7:** +
-    * "996"工作制引起了关于**劳动法**执行的大讨论。 +
-    * Pinyin: "Jiǔjiǔliù" gōngzuòzhì yǐnqǐle guānyú **láodòngfǎ** zhíxíng de dà tǎolùn. +
-    * English: The "996" work system sparked a major discussion about the enforcement of the **Labor Law**. +
-    * Analysis: This connects the term to a major, recent cultural and social issue in China. +
-  * **Example 8:** +
-    * 根据**劳动法**规定，员工享有带薪年假的权利。 +
-    * Pinyin: Gēnjù **láodòngfǎ** guīdìng, yuángōng xiǎngyǒu dàixīn niánjià de quánlì. +
-    * English: According to the provisions of the **Labor Law**, employees have the right to paid annual leave. +
-    * Analysis: This sentence demonstrates how to cite the law as the authority for a specific employee benefit. +
-  * **Example 9:** +
-    * 他正在学习**劳动法**，准备去劳动仲裁。 +
-    * Pinyin: Tā zhèngzài xuéxí **láodòngfǎ**, zhǔnbèi qù láodòng zhòngcái. +
-    * English: He is studying the **Labor Law** in preparation for going to labor arbitration. +
-    * Analysis: This shows the direct, practical application of knowledge about the law in resolving a dispute. +
-  * **Example 10:** +
-    * 新的**劳动法**修正案将对临时工产生影响。 +
-    * Pinyin: Xīn de **láodòngfǎ** xiūzhèng'àn jiāng duì línshígōng chǎnshēng yǐngxiǎng. +
-    * English: The new amendments to the **Labor Law** will affect temporary workers. +
-    * Analysis: This illustrates that the law is not static but can be amended, a concept relevant to legal and business discussions. +
-===== Nuances and Common Mistakes ===== +
-  * **`劳动法` vs. `劳动合同法`:** This is the most common point of confusion. +
-    * **`劳动法 (láodòngfǎ)`:** The general, foundational "Labor Law" passed in 1995. It covers broad principles. +
-    * **`劳动合同法 (láodòng hétong fǎ)`:** The "Labor Contract Law" passed in 2008 and amended in 2012. It is much more specific about employment contracts, hiring, and firing. +
-    * **In Practice:** In casual conversation, people often say **劳动法** as a catch-all term for all labor-related laws. However, in any legal or HR context, the **劳动合同法** is often the more relevant and frequently cited document. It's like saying "the Constitution" versus citing a specific amendment. +
-  * **Underestimating Enforcement:** A frequent mistake by foreign businesses is to assume the **劳动法** is not strictly enforced. While enforcement can vary by region and industry, it is a serious legal risk to ignore it. Employees are increasingly aware of their rights and willing to go to labor arbitration, where the system is often viewed as pro-employee. +
-  * **Not a "False Friend," but a "Different System":** While "Labor Law" is a direct translation, the legal system it represents is fundamentally different from that in countries with "at-will employment." Don't assume that what is standard practice for hiring/firing in your home country is acceptable in China. The Chinese system defaults to protecting the employee and ensuring job stability. +
-===== Related Terms and Concepts ===== +
-  * [[劳动合同法]] (láodòng hétong fǎ) - The "Labor Contract Law," a more specific and modern law that builds upon the foundational Labor Law. +
-  * [[劳动合同]] (láodòng hétong) - The physical "labor contract" that every employee must sign. +
-  * [[加班]] (jiābān) - To work overtime; a practice strictly regulated by the **劳动法**. +
-  * [[五险一金]] (wǔ xiǎn yī jīn) - The mandatory social security package (five insurances and one housing fund) that employers must contribute to by law. +
-  * [[劳动仲裁]] (láodòng zhòngcái) - Labor arbitration; the first official step for resolving a labor dispute, mandated by the **劳动法**. +
-  * [[解雇]] (jiěgù) - To fire or dismiss an employee; the conditions for legal dismissal are strictly defined. +
-  * [[工资]] (gōngzī) - Wages or salary; minimum wage standards are set by local governments in accordance with the **劳动法**. +
-  * [[员工]] (yuángōng) - Employee; the primary subject protected by the **劳动法**. +
-  * [[雇主]] (gùzhǔ) - Employer; the party with obligations under the **劳动法**. +
-  * [[996]] (jiǔjiǔliù) - The "9am-9pm, 6-days-a-week" work culture, famous for being in conflict with the **劳动法**.+