劳动合同法(英文)12743.doc

Labor Contract Law of the People's Republic of ina 劳动合同法Promulgation date:June 29, 2007Effective date:January 1, 2007Department: National People's CongressOrder of the President of the Peoples Republic of China (No. 65)The Labor Contract Law of the Peoples Republic of China, adopted at the 28th Session of the Standing mittee of  the 10th National  People's Congress of the Peoples Republic of China on June 29, 2007, is hereby promulgated and shall e into effect on January 1, 2021. Hu JintaoPresident of the Peoples Republic of ChinaJune 29, 2007Contentsapter I   General Provisionsapter II   Conclusion of Labor Contractsapter III   Performance and Amendment of Labor Contractsapter IV  Revocation and Termination of Labor Contractsapter V  Special Provisions-Part I  Collective Contracts-Part II Work Placement-Part III  Part-time Laborapter VI  Servision and Inspectionapter VII  Legal Liabilityapter VIII  Splementary ProvisionsLabor Contract Lawof the Peoples Republic of Chinaapter 1 General ProvisionsArticle 1  This Law is formulated to improve the labor contract system, to specify the rights and obligations of the parties to labor contracts, to protect the legitimate rights and interests of workers, and to build and develop harmonious and stable employment relationships. Article 2  This Law applies to the establishment of labor relationships between, the conclusion of, performance of, amendment of, revocation of and termination of, labor contracts by workers and organizations su as enterprises, individual economic organizations and private non-enterprise units in the Peoples Republic of ina (“Employers). The conclusion, performance, amendment, revocation and termination of labor contracts between state authorities, institutions or social organizations and workers with whom they establish employment relationships, shall be subject to this law. Article 3  The conclusion of a labor contract shall be based on the principles of lawfulness, fairness, equality, voluntariness, negotiated consensus and good faith. A lawfully concluded labor contract shall have binding force, both the Employer and the employee shall perform their respective obligations stipulated therein.   Article 4  Employers shall formulate and improve labor rules and regulations in accordance with the law, so as to ensure that employees enjoy their labor rights and perform their labor obligations. The formulations, amendments and decisions made by Employers with respect to rules on labor pensation, working hours, leave and rest, occational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., whi have a direct impact on employees immediate rights and interests, or other material matters, shall be presented to and discussed with the employee representative congress or all the employees, and the proposal and advice thereof shall be determined after consultation with the labor union or employee representative on the basis of equality. If, during the implementation of a rule or regulation or decision on a material matter, the labor union or any of the employees deems it inappropriate, they shall be entitled to raise the issue with the Employer and have it amended after consultation.  The Employer shall make rules, regulations and decisions on material matters that have a direct impact on employees immediate interests and rights, public or municate the same to the employees. Article 5  The labor administration authorities of the Peoples Governments at the county level and above shall, together with labor unions and enterprise representatives, establish a prehensive tri-partite meani for the co-ordination of employment relationships, in order to jointly study and resolve material issues relating to employment relationships. Article 6   The labor union shall assist and guide workers in the conclusion and performance of labor contracts with their Employer, and establish a collective consultation meani with the Employer in order to protect the lawful rights and interests of workers. apter II Conclusion of Labor ContractsArticle 7  The employment relationship between an Employer and an employee shall mence on the date the employee mences work. The Employer shall keep a register of employees, for future reference.  Article 8   The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occational hazards, production safety conditions, labor pensation and other matters requested by the employee; the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9  When hiring an employee, the Employer shall not retain the employees resident ID card or other documentation, nor demand the employee to provide security or collect property from him/her under some other guise. Article 10  A written labor contract shall be concluded when establishing an employment relationship.Where an employment relationship has been established without the conclusion of a written labor contract, the written labor contract shall be concluded within one (1) month from the date the employee mences work. Where an Employer and an employee conclude a labor contract before the employee mences work, the employment relationship shall be established on the date the employee mences work. Article 11  Where an Employer fails to conclude a written labor contract with an employee before the employee mences work, and it is unclear what labor pensation was agreed on with the employee, the labor pensation for the newly recruited employee shall be paid in accordance with the standards stipulated in the collective contract; where there is no collective contract or the collective contract is silent on the matter, the principle of equal pay for equal work shall apply. Article 12  Labor contracts are divided into fixed-term labor contracts, open-ended labor contracts and labor contracts that terminate on the pletion of a certain task. Article 13  A fixed-term labor contract refers to a labor contract where the termination date has been agreed on by the Employer and the employee. A fixed-term labor contract may be concluded between an Employer and an employee on consultation. Article 14  An open-ended labor contract refers to a labor contract where the Employer and the employee have agreed not to stipulate a definite termination date. An open-ended labor contract may be concluded between an Employer and an employee on consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead: (1) The employee has been working for the Employer for ten (10) consecutive years;(2) When the Employer first introduces the labor contract system or the state-owned enterprise that employs him re-concludes its labor contracts as of restructuring, the employee has been working for the Employer for ten (10) consecutive years and is less than 10 years away from his legal retirement age; or(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews su contract.If an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee mences work, they shall be deemed to have entered into an open-ended labor contract. Article 15  A labor contract that terminates on the pletion of a certain task refers to a labor contract where the Employer and the employee have agreed that the contractual term is based on the pletion of a specific task. An Employer and an employee may, on consultation, conclude a labor contract with a term that is based on the pletion of a certain task. Article 16 A labor contract shall bee effective after the Employer and the employee have both signed or sealed su contract on reaing a negotiated consensus. The Employer and the employee shall ea keep one copy of the employment agreement. Article 17  A labor contract shall include the following items:(1) name, domicile and legal representative or main person in-arge of the Employer;(2) name, residential address and number of the resident ID card or other valid identity document number of the worker;(3) term of the labor contract;(4) scope of work and place of work;(5) working hours, rest and leave; (6) labor pensation; (7) social insurance;(8) labor protection, working conditions and protection against occational hazards; and(9) other issues required by laws and regulations to be included in the labor contract. Apart from the mandatory terms mentioned above, an Employer and an employee may agree to include other matters in the labor contract su as probation period, training, confidentiality, splementary insurance and welfare, etc.Article 18  Should a dispute arise due to the ambiguous nature of the standards for labor pensation or working conditions or other matters, the Employer and employee may renegotiate; if su negotiation fails, the provisions of the collective contract shall apply. If there is no collective contract or if the collective contract is silent on the issue of labor pensation, the principle of equal pay for equal work shall apply; if there is no collective contract or the collective contract is silent on the standards for working conditions or other matters, the relevant regulations of the State shall apply.Article 19  If a labor contract has a term of more than three months but less than one year, the probation period may not exceed one month; if a labor contract has a term of more than one year but less than three years, the probation period may not exceed two months; for a fixed-term labor contract with a term of more than three years and an open-ended labor contract, the probation period may not exceed six months. The same Employer may only stipulate one probation period with any given employee.  The probation period shall not apply to labor contracts with a term of less than three months or to labor contracts that terminate on the pletion of a certain task. The probation period shall form part of the term of the labor contract. If a labor contract merely contains a probation period, su probation period shall be rendered void and be deemed as the term of the labor contract.  Article 20  The wages paid to employees during their probation period shall not be less than the minimum wage level for the same position with the Employer or less than 80 of the wage agreed on in the labor contract, and shall not be less than the minimum wage of the place where the Employer is located.Article 21  An Employer shall not terminate the labor contract during the probation period unless the employee falls into any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law. If an Employer terminates a labor contract during the probation period, it shall explain the reasons to the employee. Article 22   If an Employer is paying for a workers special training expenses and providing him with professional tenical training, it may enter into an agreement specifying a term of service with su employee. If the employee breaes the agreed term of service, he shall pay liquidated damages to the Employer in accordance with the terms of the agreement. The amount of the liquidated damages shall not exceed the amount of the training allowance provided by the Employer. The amount of the liquidated damages required by the Employer shall not exceed the portion of the training allowance allocated to the unperformed portion of the term of service.  The agreement between an Employer and an employee on a term of service shall not affect the increment of the workers labor pensation during the term of service in accordance with the normal wage adjustment meani.Article 23  An Employer and an employee may include in their labor contract confidentiality provisions in respect of the Employers trade secrets and other confidential matters with regard to intellectual property.If an employee has a confidentiality obligation, the Employer may contract with the worker to include non-petition provisions in the labor contract or confidentiality agreement, and agree to pay financial pensation to the employee on a monthly basis during the non-petition period after the termination or revocation of the labor contract. If the employee breaes the non-petition provisions, he shall pay liquidated damages to the Employer in accordance with the stipulated terms. Article 24  The personnel subject to non-petition obligations shall be limited to the Employers senior management, senior tenicians and other individuals with confidentiality obligations. The scope, geographical limitations and term of the non-petition obligations shall be agreed on by the Employer and the employee, and they shall not violate any laws and regulations. After the revocation or termination of a labor contract, the non-petition period for any of the persons mentioned in the preceding paragraph in terms of his working for a peting Employer that produces or deals with the same type of products or engages in the same type of business, or in terms of his setting his own business to produce or deal with the same type of products or to engage in the same type of business, shall not exceed two years. Article 25  Save for circumstances stipulated in Article 22 and Article 23 of this law, an Employer shall not enter into an agreement with an employee regarding liquidated damages to be borne by the employee.  Article 26  A labor contract shall be wholly or partially invalid if:(1) through fraud, coercion or exploitation of the other partys disadvantageous position, a party causes the other party to conclude or amend the labor contract  against the latters true intent; (2) the labor contract absolves the Employer from legal liability and denies the employee his rights; or(3) the labor contract is in violation of the mandatory provisions of laws or administrative regulations. If there is any dispute over the invalidity or partial invalidity of the labor contract, it   shall be subject to determination by a labor dispute arbitration institution or a Peoples court. Article 27  The partial invalidity of the labor contract shall not affect the validity of the remaining part of the contract, the remaining provisions shall continue to be valid. Article 28  Where a labor contract is held to be invalid and the worker has performed his obligations, the Employer shall pay the employee labor pen