2022整理-劳动合同法英文版.docx

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1、编号：时间：2021年x月x日书山有路勤为径，学海无涯苦作舟页码：第19页 共19页LAW OF THE PEOPLES REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National Peoples Congress on June 29, 2007Effective from January 1, 2008By Baker & MCKenzieCHAPTER 1 GENERAL PROVISIONS Article 1Thi

2、s Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships. Article 2This L

3、aw governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private non-enterprise units in the Peoples Republic of China (“Em

4、ployers”) on the one hand and Employees in the Peoples Republic of China on the other hand. The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees with whom they establish employm

5、ent relationships on the other hand, shall be handled pursuant to this Law.Article 3The conclusion of employment contracts shall comply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith. A lawfully concluded employment contract is binding, and both

6、 the Employer and the Employee shall perform their respective obligations stipulated therein. Article 4Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations. When an Employer formulates, revis

7、es or decides on rules and regulations, or material matters, that have a direct bearing on the immediate interests of its Employees, such as those concerning compensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota manageme

8、nt, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and comments, whereupon the matter shall be determined through consultations with the Trade union

9、or employee representatives conducted on a basis of equality. If, during the implementation of an Employers rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to communicate such opinion to the Emp

10、loyer, and the rule, regulation or decision shall be improved by making amendments after consultations. Rules and regulations, and decisions on material matters, that have a direct bearing on the immediate interests of Employees shall be made public or be communicated to the Employees by the Employe

11、r. Article 5The labor administration authorities of Peoples Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a comprehensive tri-partite mechanism for the coordination of employment relationships, in order to jointly study and r

12、esolve major issues concerning employment relationships. Article 6A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in

13、order to safeguard the lawful rights and interests of Employees. CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7An Employers employment relationship with a Employee is established on the date it starts using the Employee. An Employer shall keep a register of employees, for reference purposes.

14、Article 8When an Employer hires a Employee, it shall truthfully inform him as to the content of the work, the working conditions, the place of work, occupational hazards, production safety conditions, labor compensation and other matters which the Employee requests to be informed about. The Employer

15、 has the right to learn from the Employee basic information which directly relates to the employment contract, and the Employee shall truthfully provide the same. Article 9When hiring a Employee, an Employer may not retain the Employees resident ID card or other papers, nor may it require him to pro

16、vide security or collect property from him under some other guise. Article 10To establish an employment relationship, a written employment contract shall be concluded. In the event that no written employment contract was concluded at the time of establishment of an employment relationship, a written

17、 employment contract shall be concluded within one month after the date on which the Employer starts using the Employee.Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee, the employment relationship shall be established on the date on whic

18、h the Employer starts using the Employee. Article 11In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him, and it is not clear what labor compensation was agreed upon with the Employee, the labor compensation of the new Employ

19、ee shall be decided pursuant to the rate specified in the collective contract; where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work. Article 12Employment contracts are divided into fixed-term employment contracts, open-ende

20、d employment contracts and employment contracts to expire upon completion of a certain job. Article 13A “fixed-term employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee. An Employer and a Employee may conclude a fixed-term employment contra

21、ct upon reaching a negotiated consensus. Article 14An “open-ended employment contract” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date. An Employer and a Employee may conclude an open-ended employment contract upon reaching a nego

22、tiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances, an open-ended employment contract shall be concluded, unless the Employee requests the conclusion of a fixed-term employment contract: (1)

23、The Employee has been working for the Employer for a consecutive period of not less than 10 years; (2) when his Employer introduces the employment contract system or the state owned enterprise that employs him re-concludes its employment contracts as a result of restructuring, the Employee has been

24、working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age; or (3) prior to the renewal, a fixed-term employment contract was concluded on two consecutive occasions and the Employee is not characterized by any of the circu

25、mstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer fails to conclude a written employment contract with a Employee within one year from the date on which it starts using the Employee, the Employer and the Employee shall be deemed to have concluded an open-end

26、ed employment contract. Article 15An “employment contract with a term to expire upon completion of a certain job” is an employment contract in which the Employer and the Employee have agreed that the completion of a certain job is the term of the contract. An Employer and a Employee may, upon reachi

27、ng a negotiated consensus, conclude an employment contract with a term to expire upon completion of a certain job.Article 16An employment contract shall become effective when the Employer and the Employee have reached a negotiated consensus thereon and each of them has signed or sealed the text of s

28、uch contract. The Employer and the Employee shall each hold one copy of the employment contract. Article 17An employment contract shall specify the following matters: (1) The name, domicile and legal representative or main person in charge of the Employer; (2) The name, domicile and number of the re

29、sident ID card or other valid identity document of the Employee; (3) The term of the employment contract; (4) The job des cription and the place of work; (5) Working hours, rest and leave; (6) Labor compensation; (7) Social insurance; (8) Labor protection, working conditions and protection against o

30、ccupational hazards; and (9) Other matters which laws and statutes require to be included in employment contracts. In addition to the requisite terms mentioned above, an Employer and a Employee may agree to stipulate other matters in the employment contract, such as probation period, training, confi

31、dentiality, supplementary insurance and benefits, etc. Article 18If a dispute arises due to the fact that the rate or standards for labor compensation or working conditions, etc. are not explicitly specified in the employment contract, the Employer and the Employee may renegotiate. If the negotiatio

32、ns are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor compensation, equal pay shall be given for equal work; if there is no collective contract or the collective contract is silent on

33、the issue of working conditions, the relevant regulations of the state shall apply. Article 19If an employment contract has a term of not less than three months but less than one year, the probation period may not exceed one month; if an employment contract has a term of more than one year and less

34、than three years, the probation period may not exceed two months; and if an employment contract has a term of not less than three years or is open-ended, the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee.No probation period ma

35、y be specified in an employment contract with a term to expire upon completion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period on

36、ly, then there is no probation period and the term concerned shall be the term of the employment contract. Article 20The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment co

37、ntract, and may not be less than the minimum wage rate in the place where the Employer is located. Article 21An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2)

38、 of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee. Article 22If an Employer provides special funding for a Employees training and gives him professional technical training, it may conclude an agreement sp

39、ecifying a term of service with such Employee. If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Em

40、ployer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service. The reaching of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employees labor compensation du

41、ring the term of service according to the normal wage adjustment mechanism. Article 23An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual propert

42、y. If a Employee has a confidentiality obligation, the Employer may agree with the Employee on competition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the Employee on a monthly basis during the te

43、rm of the competition restriction after the termination or ending of the employment contract. If the Employee breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulated. Article 24The personnel subject to competition restrictions shall be limited t

44、o the Employers senior management, senior technicians and other personnel with a confidentiality obligation. The scope, territory and term of the competition restrictions shall be agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations. The term, count

45、ed from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to competition restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his c

46、urrent Employer, or in terms of his establishing his own business to produce the same type of products or engage in the same type of business, shall not exceed two years. Article 25With the exception of the circumstances specified in Articles 22 and 23 hereof, an Employer may not stipulate with a Em

47、ployee provisions on the bearing of liquidated damages by the Employee. Article 26An employment contract shall be invalid or partially invalid if: (1) A party uses such means as deception or coercion, or takes advantage of the other partys difficulties, to cause the other party to conclude an employ

48、ment contract, or to make an amendment thereto, that is contrary to that partys true intent; (2) The Employer disclaims its legal liability or denies the Employee his rights; or (3) Mandatory provisions of laws or administrative statutes are violated. If the invalidity or partial invalidity of the e

49、mployment contract is disputed, it shall be confirmed by a labor dispute arbitration institution or a Peoples Court. Article 27If certain provisions of an employment contract are invalid and such invalidity does not affect the validity of the remaining provisions, the remaining provisions shall remain valid. Article 28If an employment contract is confirmed as invalid a