常用法规劳动法英文参照模板.docx

1、常用法规劳动法英文参照模板Labor Law of the Peoples Republic of ChinaOrder of the President 1994 No.28July 5, 1994The Labor Law of the Peoples Republic of China, adopted at the Eighth Meeting of the Standing Committee of the Eighth National Peoples Congress of the Peoples Republic of China on July 5, 1994, is her

2、eby promulgated and shall come into effect as of January 1, 1995.President of the Peoples Republic of China: Jiang ZeminLabor Law of the Peoples Republic of China(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National Peoples Congress on July 5, 1994, promulgated by Order No.

3、28 of the President of the Peoples Republic of China and effective as of January 1, 1995)Contents Chapter I General Provisions Chapter II Promotion of Employment Chapter III Labor Contracts and Collective Contracts Chapter IV Working Hours, Rest and Vacations Chapter V Wages Chapter VI Occupational

4、Safety and Health Chapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational Training Chapter IX Social Insurance and Welfare Chapter X Labor Disputes Chapter XI Supervision and Inspection Chapter XII Legal Responsibility Chapter XIII Supplementary ProvisionsChapter I Gen

5、eral ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationships, establish and safeguard a labor system suited to the socialist market economy, and promote economic development and s

6、ocial progress.Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the boundary of the Peoples Republic of China and laborers who form. a labor relationship therewith State organs, institutional organizations and soc

7、ieties as well as laborers who form. a labor contract relationship therewith shall follow this Law.Article 3 Laborers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labor, take rest, have holidays and leaves, obtain protection of occupational

8、 safety and health, receive training vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labor disputes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational skills, follow rules on oc

9、cupational safety and health, and observe labor discipline and professional ethics.Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that laborers enjoy the right to work and fulfill labor obligations.Article 5 The State shall

10、take various measures to promote employment, develop vocational education, lay down labor standards, regulate social incomes, perfect social insurance system, coordinate labor relationship, and gradually raise the living standard of laborers.Article 6 The State shall advocate the participation of la

11、borers in social voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by laborers, as well as their inventions and creations; and commend and award labor models

12、and advanced workers.Article 7 Laborers shall have the right to participate in and organize trade unions in accordance with the law. Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct their activities in accordance with the law.Artic

13、le 8 Laborers shall, through the assembly of staff and workersortheir congress,orother forms in accordance with the provisions of laws, rules and regulations, take part in democratic managementorconsult with the employing units on an equal footing about protection of the legitimate rights and intere

14、sts of laborers.Article 9 The labor administrative department of the State Council shall be in charge of the management of labor of the whole country. The labor administrative departments of the local peoples governments atorabove the county level shall be in charge of the management of labor in the

15、 administrative areas under their respective jurisdiction.Chapter II Promotion of EmploymentArticle 10 The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development. The State shall encourage enterprises, insti

16、tutional organizations, and societies to initiate industriesorexpand businesses for the increase of employment within the scope of the stipulations of laws, and administrative rules and regulations. The State shall support laborers to get jobs by organizing themselves on a voluntary basisorby engagi

17、ng in individual businesses.Article 11 Local peoples governments at various levels shall take measures to develop various kinds of jobintroduction agencies and provide employment services.Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race

18、,orreligious belief.Article 13 Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use as a pretext for excluding females form. employmentorto raise recruitment standards for the females, except for the types of workorposts th

19、at are not suitable for females as stipulated by the State.Article 14 Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Article 15 No employing u

20、nits shall be allowed to recruit juveniles under the age of 16. Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of

21、the State and guaratee their right to compulsory education.Chapter III Labour Contracts and Collective ContractsArticle 16 A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests

22、and obligations of each party. A labour contract shall be concluded where a labour relationship is to be established.Article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the

23、 stipulations of laws, administrative rules and regulations. A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfill the obligations as stipulated in the labour contract.Article 18 The following labour contracts shall be invali

24、d: labour contracts concluded in violation of laws, administrative rules and regulations; and labour contracts concluded by resorting to such measures as cheating and intimidation. An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of

25、 a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid. The invalidity of a labour contract shall confirmed by a labour dispute arbitration committeeora peoples court.Article 19 A labour contract shall be conclud

26、ed in written form. and contain the following Clauses:1.term of a labour contract;2.contents of work;3.labour protection and working conditions;4.labour remuneration;5.labour discipline;6.conditions for the termination of a labour contract; and7.responsibility for the violation of a labour contract.

27、Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Article 20 The term of a labour contract shall be divided into fixed term, flexible termortaking the completion of a specific amou

28、nt of work as a term. In case a labourer has kept working in a same employing unit for ten yearsormore and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Article 21 A probation

29、period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Article 22 The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping he commercial secrets of the employing unit.Article 23 A labour

30、contract shall terminate upon the expiration of its termorthe emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Article 24 A labour contract may be revoked upon agreement reached between the parties involved through consultation.Article 25

31、The employing unit may revoke the labour contract with a labourer in any of the following circumstances:1.to be proved not up to the requirements for recruitment during the probation period;2.to seriously violate labour disciplinesorthe rules and regulations of the employing units;3.to cause great l

32、osses to the employing unit due to serious dereliction of dutyorengagement in malpractice for selfish ends; and4.to be investigated for criminal responsibilities in accordance with the law.Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance:1.where a labourer is unable to take up his original workorany new work arranged by the employing unit after the completion of his me