2022整理-劳动合同法英文.docx
《2022整理-劳动合同法英文.docx》由会员分享,可在线阅读,更多相关《2022整理-劳动合同法英文.docx(27页珍藏版)》请在淘文阁 - 分享文档赚钱的网站上搜索。
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27页 共27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, 2008CHAPTER 1 GENERAL PROVISIONSArticle 1This Law has been formul
2、ated 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 Law governs the establi
3、shment 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 (“Employers”) on the one h
4、and 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 employment relationships on th
5、e 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 the Employer and the Em
6、ployee 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, revises or decides on rules and
7、 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 management, the same shall be disc
8、ussed 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 or employee representative
9、s 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 Employer, and the rule, regula
10、tion 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 Employer.Article 5The labor adminis
11、tration 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 resolve major issues concernin
12、g 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 order to safeguard the lawful
13、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.Article 8When an Employer hires
14、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 has the right to learn from the
15、 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 provide security or collect property
16、 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 employment contract shall be concl
17、uded 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 which the Employer starts using the Emp
18、loyee.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 Employee shall be decided pursuant to the
19、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-ended employment contracts and employment
20、 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 contract upon reaching a negotiated consensus
21、.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 negotiated consensus. If a Employee proposes
22、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) The Employee has been working for the Empl
23、oyer 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 working for the Employer for a consecutive
24、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 circumstances set forth in Article 39 and items (
- 配套讲稿:
如PPT文件的首页显示word图标,表示该PPT已包含配套word讲稿。双击word图标可打开word文档。
- 特殊限制:
部分文档作品中含有的国旗、国徽等图片,仅作为作品整体效果示例展示,禁止商用。设计者仅对作品中独创性部分享有著作权。
- 关 键 词:
- 2022 整理 劳动 合同法 英文
限制150内