中华人民共和国劳动合同法英文版.docx

1、中华人民共和国劳动合同法英文版Labor Contract Law of the Peoples Republic of ChinaOrder of the President of the Peoples Republic of ChinaNo.65The Labor Contract Law of the Peoples Republic of China, adopted at the 28th Meeting of the Standing Committee of the Tenth National Peoples Congress of the Peoples Republic

2、of the China on June 29, 2007, is hereby promulgated and shall go into effect as of January 1, 2008.Hu JintaoPresident of the Peoples Republic of ChinaJune 29, 2007Labor Contract Law of the Peoples Republic of China(Adopted at the 28th Meeting of the Standing Committee of the Tenth National Peoples

3、Congress on June 29, 2007)ContentsChapter I General ProvisionsChapter II Conclusion of a Labor ContractChapter III Performance and Modification of a Labor ContractChapter IV Revocation and Termination of a Labor ContractChapter V Special ProvisionsSection 1 A Collective ContractSection 2 Labor Dispa

4、tchSection 3 Part-Time EmploymentChapter VI Supervision and InspectionChapter VII Legal ResponsibilityChapter VIII Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This Law is enacted in order to improve the labor contract system, define the rights and obligations of both parties to a la

5、bor contract, protect the legitimate rights and interests of workers, and establish and develop a harmonious and stable labor relationship.Article 2 This Law is applicable where organizations such as enterprises, self-employed economic organizations and private non-enterprise units within the territ

6、ory of the Peoples Republic of China (hereinafter referred to as employing units) establish labor relationships with workers through concluding, performing, modifying, revoking or terminating labor contracts with them.State organs, institutions and public organizations and the workers with whom they

7、 are to establish labor relationships shall conclude, perform, modify, revoke or terminate labor contracts in accordance with this Law.Article 3 Labor contracts shall be concluded in adherence to the principles of lawfulness, fairness, equality, voluntariness, consensus through consultation, and goo

8、d faith.A labor contract concluded in accordance with law shall have binding force. Both the employing unit and the worker shall fulfill the obligations stipulated in the labor contract.Article 4 Employing units shall establish and improve labor rules and regulations to ensure that workers enjoy the

9、 labor rights and fulfill the labor obligations.When formulating or modifying the rules and regulations, or making decisions on important matters, which have a direct bearing on the immediate interests of workers, such as labor remuneration, working hours, rest and vacation, occupational safety and

10、health, insurance and welfare, training, labor discipline and labor quota control, the employing unit shall, after discussion by the conference of workers or all the workers, put forward plans and suggestions and make decisions after consulting with the trade union or the representatives of the work

11、ers on an equal footing.If, during the implementation of the rules and regulations or the decisions on important matters, the trade union or the workers hold that such rules, regulations or decisions are inappropriate, it or they are entitled to put forward the opinion to the employing unit, and hav

12、e the rules, regulations or decisions modified and improved through consultation.The employing unit shall make public or inform the workers of the rules and regulations, and the decisions on important matters, which have a direct bearing on the immediate interests of the workers.Article 5 The admini

13、strative department of labor of the peoples government at or above the county level shall, together with the representatives of the trade union and the enterprise, establish a sound tripartite mechanism for coordination of labor relationships, in order to jointly discuss and resolve the major issues

14、 concerning labor relationships.Article 6 The trade union shall give assistance and guidance to the workers in lawfully concluding labor contracts with the employing unit and performing the same, and establish a collective consultation mechanism with the employing unit in order to protect the legiti

15、mate rights and interests of workers.Chapter IIConclusion of a Labor ContractArticle 7 A labor relationship is established by an employing unit with a worker as of the date the former employs the latter. An employing unit shall keep a register of workers for reference.Article 8 When an employing uni

16、t recruits a worker, it shall truthfully inform him of the job description, the working conditions, the place of work, occupational hazards, conditions for work safety, labor remuneration and other matters which the worker requests to be informed of. The employing unit has the right to acquire the b

17、asic information of the worker which is directly related to the labor contract, and the worker shall truthfully provide the same.Article 9 When recruiting a worker, the employing unit may not detain the workers resident identity card or other certificates, nor may it require him to provide guaranty

18、or collect money or things of value from him in other names.Article 10 To establish a labor relationship, a written labor contract shall be concluded.In the event that no written labor contract is concluded at the time when a labor relationship is established, such a contract shall be concluded with

19、in one month as of the date when the employing unit employs a worker.Where an employing unit and a worker conclude a labor contract before the latter starts to work, the labor relationship shall be established as of the date when the latter starts to work.Article 11 In the event that an employing un

20、it fails to conclude a written labor contract with a worker at the same time as it employs him, and labor remuneration agreed upon with him is not definite, the remuneration shall be decided on according to the rate specified in the collective contract; where there is no collective contract or the c

21、ollective contract is silent on the matter, equal pay for equal work shall be practiced.Article 12 Labor contracts consist of fixed-term labor contracts, open-ended labor contracts and labor contracts that expire upon completion of given jobs.Article 13 A fixed-term labor contract is one the ending

22、date of which is agreed upon between the employing unit and the worker.An employing unit and a worker may conclude a fixed-term labor contract upon reaching consensus through consultation.Article 14 An open-ended labor contract is one where the employing unit and the worker have agreed not to stipul

23、ate a definite ending date.An employing unit and a worker may conclude an open-ended labor contract upon reaching consensus through consultation. If a worker proposes or agrees to renew the labor contract or to conclude a labor contract in any of the following circumstances, an open-ended labor cont

24、ract shall be concluded, unless the worker requests the conclusion of a fixed-term labor contract:(1) The worker has been working for the employing unit for a consecutive period of 10 or more years;(2) The worker has been working for the employing unit for a consecutive period of 10 or more years bu

25、t less than 10 years away from the statutory retirement age when the employing unit introduces the labor contract system or when the State-owned enterprise has to conclude a new labor contract with him as a result of restructuring; or(3) The worker intends to renew the labor contract after he has co

26、nsecutively concluded a fixed-term labor contract with the employing unit twice and he has not been found in any of the circumstances specified in Article 39 or Subparagraph (1) or (2) in Article 40 of this Law.If an employing unit fails to conclude a written labor contract with a worker within one

27、year as of the date when it employs the worker, it shall be deemed to have concluded an open-ended labor contract with the latter.Article 15 A labor contract that expires upon completion of a given job is one in which the employing unit and the worker have agreed that the period for completion of th

28、e given job is the term of the contract.An employing unit and a worker may, upon reaching consensus through consultation, conclude a labor contract which expires upon completion of a given job.Article 16 A labor contract shall become effective when the employing unit and the worker reach agreement t

29、hrough consultation thereon and both parties sign or affix their seals on the copies of the contract.The employing unit and the worker shall each keep a copy of the labor contract.Article 17 A labor contract shall contain the following terms:(1) name, domicile and legal representative or the princip

30、al leading person of the employing unit;(2) name, address and the number of the resident identity card or of other valid identity documents of the worker;(3) term of the labor contract;(4) job description and the place of work;(5) working hours, rest and vacation;(6) labor remuneration;(7) social in

31、surance;(8) occupational protection, working conditions and protection against occupational hazards; and(9) other terms which are required to be included in a labor contract, as provided for by laws and regulations.In addition to the requisite terms mentioned above, an employing unit and a worker ma

32、y agree to have other matters stipulated in the labor contract, such as probation period, training, confidentiality, supplementary insurance and welfare benefits.Article 18 If a dispute arises because the labor remuneration rate, the standard for working conditions, etc. are not definitely specified in the labor contract, the employing unit and the worker may negotiate anew. If the negotiation is unsuccessful, the relevant stipulations of the collective contract shall be applicable. If there is no collective contract or the collective con