Chapter VIII Legal Responsibility

Article 61 Where the administrative departments of labor or other relevant departments or their members abuse their power, neglect their duties or engage in malpractices for personal gain in violation of the provisions of this Law, the leading persons directly in charge and the other persons directly responsible shall be given sanctions in accordance with law.

Article 62 Where anyone practices discrimination in employment in violation of the provisions of this Law, the workers concerned may lodge a lawsuit in the people’s court.

Article 63 Where, in violation of the provisions of this Law, a local people’s government, a relevant department or public service for employment establishes a profit-making job intermediary, or engages in profit-making job intermediary activities, or collect fees from the workers, the department in charge at a higher level shall order it to make rectification within a time limit and to return to the workers the fees illegally collected, and shall, in accordance with law, give sanctions to the leading persons who are directly in charge and the other persons who are directly responsible.

Article 64 Where any unit or individual, in violation of the provisions of this Law, starts a job intermediary without obtaining permission or registration, the administrative department of labor or other departments in charge shall have it closed down in accordance with law, and shall confiscate the illegal gains, if any, and impose on it/him a fine of not less than RMB 10,000 yuan but not more than 50,000 yuan.

Article 65 Where a job intermediary, in violation of the provisions of this Law, provides false employment information, provides intermediary services for employment to any employing unit that does not have a lawful license, or forges, tampers with or transfers the job intermediary permit, the administrative department of labor or other departments in charge shall order it to make rectification, confiscate its illegal gains, if any, and impose on it a fine of not less than 10,000 yuan but not more than 50,000 yuan, or, if the circumstances are serious, revoke its permit for job intermediary activities.

Article 66 Where a job intermediary takes away the resident identity card or other certificate of a worker in violation of the provisions of this Law, the administrative department of labor shall order it to return it to the worker within a time limit and shall punish it in accordance with provisions of relevant laws.

Where a job intermediary collects any deposit from the workers in violation of the provisions of this Law, the administrative department of labor shall order it to return the deposit to the workers within a time limit and shall impose on it a fine of not less than 500 yuan but not more than 2,000 yuan for each person from whom it collects a deposit.

Article 67 Where an enterprise, in violation of the provisions of this Law, fails to allocate funds for workers’ education according to State regulations or misappropriates such funds, the administrative department of labor shall order it to make rectification and shall punish it in accordance with law.

Article 68 Where anyone, in violation of the provisions of this Law, infringes on the lawful rights and interests of the workers, thus causing property losses or other damages, he shall bear civil liabilities in accordance with law; if a crime is constituted, he shall be investigated for criminal responsibilities in accordance with law.

Chapter IX Supplementary Provisions

Article 69 This Law shall go into effect as of January 1, 2008.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.