劳动合同法英文.pdf

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1、LAW OF THE PEOPLES REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National Peoples Congresson June 29，2007Effective from January 1，2008CHAPTER 1 GENERAL PROVISIONSArticle 1This Law has been formulated in order to improve the employment cont

2、ract system，to specifythe rights and obligations of the parties to employment contracts，to protect the lawful rightsand interests of Employees and to build and develop harmonious and stable employmentrelationships.Article 2This Law governs the establishment of employment relationships between，and th

3、e conclusion，performance，amendment，termination and ending of employment contracts by，organizationssuch as enterprises，individual economic organizations and private non-enterprise units inthe Peoples Republic of China（“Employers”）on the one hand and Employees in the PeoplesRepublic of China on the ot

4、her hand.The conclusion，performance，amendment，termination and ending of employment contractsby state authorities，institutions or social organizations on the one hand and Employees withwhom they establish employment relationships on the other hand，shall be handled pursuant tothis Law.Article 3The con

5、clusion 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 Employeeshall perform their respective obligations stipulated therein.Artic

6、le 4Employers shall establish and improve internal rules and regulations，so as to ensure thatEmployees enjoy their labor rights and perform their labor obligations.When an Employer formulates，revises or decides on rules and regulations，or materialmatters，that have a direct bearing on the immediate i

7、nterests of its Employees，such as thoseconcerning compensation，work hours，rest，leave，work safety and hygiene，insurance，benefits，employee training，work discipline or work quota management，the same shall bediscussed by the employee representative congress or all the employees.The employeerepresentativ

8、e congress or all the employees，as the case may be，shall put forward a proposaland comments，whereupon the matter shall be determined through consultations with the Tradeunion or employee representatives conducted on a basis of equality.If，during the implementation of an Employers rule or regulation

9、or decision on a crucialmatter，the Trade union or an employee is of the opinion that the same is inappropriate，itor he is entitled to communicate such opinion to the Employer，and the rule，regulation ordecision shall be improved by making amendments after consultations.Rules and regulations，and decis

10、ions on material matters，that have a direct bearing onthe immediate interests of Employees shall be made public or be communicated to the Employeesby the Employer.Article 5The labor administration authorities of Peoples Governments at the county level and above，together with the Trade union and ente

11、rprise representatives，shall establish a comprehensivetri-partite mechanism for the coordination of employment relationships，in order to jointlystudy and resolve major issues concerning employment relationships.Article 6A Trade union shall assist and guide Employees in the conclusion of employment c

12、ontractswith their Employer and the performance thereof in accordance with the law，and establish acollective bargaining mechanism with the Employer in order to safeguard the lawful rights andinterests of Employees.CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7An Employers employment relations

13、hip with a Employee is established on the date it startsusing the Employee.An Employer shall keep a register of employees，for reference purposes.Article 8When an Employer hires a Employee，it shall truthfully inform him as to the content ofthe work，the working conditions，the place of work，occupationa

14、l hazards，production safetyconditions，labor compensation and other matters which the Employee requests to be informedabout.The Employer has the right to learn from the Employee basic information which directlyrelates to the employment contract，and the Employee shall truthfully provide the same.Artic

15、le 9When hiring a Employee，an Employer may not retain the Employees resident ID card or otherpapers，nor may it require him to provide security or collect property from him under someother guise.Article 10To establish an employment relationship，a written employment contract shall be concluded.In the

16、event that no written employment contract was concluded at the time of establishmentof an employment relationship，a written employment contract shall be concluded within onemonth after the date on which the Employer starts using the Employee.Where an Employer and a Employee conclude an employment co

17、ntract before the Employer startsusing the Employee，the employment relationship shall be established on the date on which theEmployer starts using the Employee.Article 11In the event that an Employer fails to conclude a written employment contract with a Employeeat the time its starts to use him，and

18、 it is not clear what labor compensation was agreed uponwith the Employee，the labor compensation of the new Employee shall be decided pursuant tothe rate specified in the collective contract；where there is no collective contract or thecollective contract is silent on the matter，equal pay shall be gi

19、ven for equal work.Article 12Employment contracts are divided into fixed-term employment contracts，open-endedemployment 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 agreedupon b

20、y the Employer and the Employee.An Employer and a Employee may conclude a fixed-term employment contract upon reaching anegotiated consensus.Article 14An“open-ended employment contract”is an employment contract for which the Employer andthe Employee have agreed not to stipulate a definite ending dat

21、e.An Employer and a Employee may conclude an open-ended employment contract upon reachinga negotiated consensus.If a Employee proposes or agrees to renew his employment contract orto conclude an employment contract in any of the following circumstances，an open-endedemployment contract shall be concl

22、uded，unless the Employee requests the conclusion of afixed-term employment contract：（1）The Employee has been working for the Employer for a consecutive period of not lessthan 10 years；（2）when his Employer introduces the employment contract system or the state ownedenterprise that employs him re-conc

23、ludes its employment contracts as a result of restructuring，the Employee has been working for the Employer for a consecutive period of not less than 10years 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 co

24、nsecutiveoccasions and the Employee is not characterized by any of the circumstances set forth in Article39 and items（1）and（2）of Article 40 hereof.If an Employer fails to conclude a written employment contract with a Employee within oneyear from the date on which it starts using the Employee，the Emp

25、loyer and the Employee shallbe deemed to have concluded an open-ended employment contract.Article 15An“employment contract with a term to expire upon completion of a certain job”is anemployment contract in which the Employer and the Employee have agreed that the completion ofa certain job is the ter

26、m of the contract.An Employer and a Employee may，upon reaching a negotiated consensus，conclude anemployment 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 havereached a negotiated consensus th

27、ereon and each of them has signed or sealed the text of suchcontract.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 Em

28、ployer；（2）The name，domicile and number of the resident ID card or other valid identity documentof 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 co

29、nditions and protection against occupational 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 Employeemay agreeto stipulate other matters in the employment contract，such as probatio

30、n period，training，confidentiality，supplementary insurance and benefits，etc.Article 18If a dispute arises due to the fact that the rate or standards for labor compensation orworking conditions，etc.are not explicitly specified in the employment contract，the Employerand the Employee may renegotiate.If

31、the negotiations are unsuccessful，the provisions of thecollective contract shall apply.If there is no collective contract or the collective contractis silent on the issue of labor compensation，equal pay shall be given for equal work；ifthere is no collective contract or the collective contract is sil

32、ent on the issue of workingconditions，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 morethan one year and less

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

34、specified in an employment contract with a term to expire uponcompletion 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 anemployment contract provides for a probation period only，then t

35、here is no probation periodand 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 thesame job with the Employer or less than 80 percent of the wage agreed upon in the employmentcontract，and may

36、 not be less than the minimum wage rate in the place where the Employer islocated.Article 21An Employer may not terminate an employment contract during the probation period unlessthe Employee is characterized by any of the circumstances set forth in Article 39 and items（1）and（2）of Article 40 hereof.

37、If an Employer terminates an employment contract duringthe probation period，it shall explain the reasons to the Employee.Article 22If an Employer provides special funding for a Employees training and gives him professionaltechnical training，it may conclude an agreement specifying a term of service w

38、ith suchEmployee.If the Employee breaches the agreement on the term of service，he shall pay liquidateddamages to the Employer as agreed.The measure of the liquidated damages may not exceed thetraining expenses paid by the Employer.The liquidated damages that theEmployer requires theEmployee to pay m

39、ay not exceed the portion of the training expenses allocable to the unperformedportion of the term of service.The reaching of agreement on a term of service between the Employer and the Employee doesnot affect the raising of the Employees labor compensation during the term of service accordingto the

40、 normal wage adjustment mechanism.Article 23An Employer and a Employee may include in their employment contract provisions onconfidentiality matters relating to maintaining the confidentiality of the trade secrets ofthe Employer and to intellectual property.If a Employee has a confidentiality obliga

41、tion，the Employer may agree with the Employeeon competition restriction provisions in the employment contract or confidentiality agreement，and stipulate that the Employer shall pay financial compensation to the Employee on a monthlybasis during the term of the competition restriction after the termi

42、nation or ending of theemployment contract.If the Employee breaches the competition restriction provisions，he shallpay liquidated damages to the Employer as stipulated.Article 24The personnel subject to competition restrictions shall be limited to the Employers seniormanagement，senior technicians an

43、d other personnel with a confidentiality obligation.The scope，territory and term of the competition restrictions shall be agreed upon by the Employer andthe Employee，and such agreement shall not violate laws and regulations.The term，counted from the termination or ending of the employment contract，f

44、or whicha person as mentioned in the preceding paragraph is subject to competition restrictions in termsof his working for a competing Employer that produces the same type of products or is engagedin the same type of business as his current Employer，or in terms of his establishing his ownbusiness to

45、 produce the same type of products or engage in the same type of business，shallnot exceed two years.Article 25With the exception of the circumstances specified in Articles 22 and 23 hereof，an Employermay not stipulate with a Employee provisions on the bearing of liquidated damages by theEmployee.Art

46、icle 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 otherpartys difficulties，to cause the other party to conclude an employment contract，or to makean amendment thereto，that is contrary to that partys tru

47、e 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 employment contract is disputed，it shallbe confirmed by a labor dispute arbitration instit

48、ution or a Peoples Court.Article 27If certain provisions of an employment contract are invalid and such invalidity does notaffect the validity of the remaining provisions，the remaining provisions shall remain valid.Article 28If an employment contract is confirmed as invalid and the Employee has alre

49、ady performedlabor，the Employer shall pay the Employee labor compensation.The amount of labor compensationshall be determined with reference to the labor compensation of Employees in the same or a similarposition with the Employer.CHAPTER 3 PERFORMANCE AND AMENDMENT OF EMPLOYMENT CONTRACTSArticle 29

50、The Employer and the Employee shall each fully perform its/his obligations in accordancewith the employment contract.Article 30Employers shall pay their Employees labor compensation on time and in full in accordancewith the employment contracts and state regulations.If an Employer falls into arrears