劳动合同法英文Word下载.docx

1、The Labor Contract Law of the Peoples Republic of China, adopted at the 28th Session of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China on June 29, 2007, is hereby promulgated and shall come into effect on January 1, 2008. Hu JintaoPresident of the Peopl

2、es Republic of ChinaContentsChapter I General ProvisionsChapter II Conclusion of Labor ContractsChapter III Performance and Amendment of Labor ContractsChapter IVRevocation and Termination of Labor ContractsChapter VSpecial Provisions-Part ICollective Contracts-Part IIWork Placement-Part III Part-ti

3、me LaborChapter VISupervision and InspectionChapter VIILegal LiabilityChapter VIIISupplementary ProvisionsLabor Contract Lawof the Peoples Republic of ChinaChapter 1Article 1 This Law is formulated to improve the labor contract system, to specify the rights and obligations of the parties to labor co

4、ntracts, 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 o

5、f, labor contracts by workers and organizations such as enterprises, individual economic organizations and private non-enterprise units in the Peoples Republic of China （“Employers”）. The conclusion, performance, amendment, revocation and termination of labor contracts between state authorities, ins

6、titutions 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 lawful

7、ly 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 la

8、bor rights and perform their labor obligations. The formulations, amendments and decisions made by Employers with respect to rules on labor compensation, working hours, leave and rest, occupational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., w

9、hich 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 emp

10、loyee 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.Th

11、e Employer shall make rules, regulations and decisions on material matters that have a direct impact on employees immediate interests and rights, public or communicate the same to the employees. Article 5 The labor administration authorities of the Peoples Governments at the county level and above s

12、hall, together with labor unions and enterprise representatives, establish a comprehensive tri-partite mechanism 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 g

13、uide workers in the conclusion and performance of labor contracts with their Employer, and establish a collective consultation mechanism with the Employer in order to protect the lawful rights and interests of workers. Chapter IIArticle 7 The employment relationship between an Employer and an employ

14、ee shall commence on the date the employee commences work. The Employer shall keep a register of employees, for future reference.Article 8The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occupational hazards, production safety conditi

15、ons, labor compensation 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 n

16、ot 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 h

17、as 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 commences work. Where an Employer and an employee conclude a labor contract before the employee commences work, the employment relatio

18、nship shall be established on the date the employee commences work. Article 11 Where an Employer fails to conclude a written labor contract with an employee before the employee commences work, and it is unclear what labor compensation was agreed upon with the employee, the labor compensation for the

19、 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

20、 fixed-term labor contracts, open-ended labor contracts and labor contracts that terminate upon the completion of a certain task. Article 13 A fixed-term labor contract refers to a labor contract where the termination date has been agreed upon by the Employer and the employee. A fixed-term labor con

21、tract may be concluded between an Employer and an employee upon 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 Empl

22、oyer and an employee upon 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

23、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） consecutiv

24、e 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 thi

25、s law, renews such contract.If an Employer fails to conclude a written labor contract with an employee within one （1） year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract. Article 15 A labor contract that terminates upon the completio

26、n 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 completion of a specific task. An Employer and an employee may, upon consultation, conclude a labor contract with a term that is based on the completion of a certa

27、in task. Article 16A labor contract shall become effective after the Employer and the employee have both signed or sealed such contract upon reaching a negotiated consensus. The Employer and the employee shall each keep one copy of the employment agreement. Article 17 A labor contract shall include

28、the following items:name, domicile and legal representative or main person in-charge of the Employer;name, residential address and number of the resident ID card or other valid identity document number of the worker;term of the labor contract;（4）scope of work and place of work;（5）working hours, rest

29、 and leave;（6）labor compensation;（7）social insurance;（8）labor protection, working conditions and protection against occupational 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 emplo

30、yee may agree to include other matters in the labor contract such as probation period, training, confidentiality, supplementary insurance and welfare, etc.Article 18 Should a dispute arise due to the ambiguous nature of the standards for labor compensation or working conditions or other matters, the

31、 Employer and employee may renegotiate; if such 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 compensation, 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.