中国劳动法英文版.docx

1、中国劳动法英文版中国劳动法英文版(Adopted at he Eighth Meeting of the Standing Committee of the Eighth National Peoples Congress on July 5, 1994, promulgated by Order No.28 of the President of the Peoples Republic of China on July 5, 1994, and effective as of January 1, 1995) Chapter 1 - General Provisions Article 1

2、 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationship, establish and safeguard the labor system suiting the socialist market economy, and promote economic development and social progress.Art

3、icle 2 This Law applies to enterprises, individually-owned economic organizations (hereinafter referred to as the employer) and laborers who form a labor relationship with them within the boundary of the Peoples Republic of China. State departments, institutional organizations and social groups and

4、laborers who form a labor relationship with them shall follow this Law. Article 3 Laborers have the right to be employed on an equal basis, choose occupations, obtain remunerations for labor, take rests, have holidays and leaves, receive labor safety and sanitation protection, get training in profes

5、sional skills, enjoy social insurance and welfare treatment, and submit applications for settlement of labor disputes, and other labor rights stipulated by law. Laborers shall fulfill their tasks of labor, improve their professional skills, follow rules on labor safety and sanitation, observe labor

6、discipline and professional ethics. Article 4 The employer shall establish and perfect rules and regulations in accordance with law and guarantee that laborers enjoy labor right and fulfill labor obligations. Article 5 The State shall take various measures to promote employment, develop vocational e

7、ducation, formulate labor standards, regulate social incomes, perfect social insurance, coordinate labor relationships, and gradually raise the living level of laborers. Article 6 The State shall advocate laborers participation in social voluntary labor, labor competition, and activities of forwardi

8、ng rational proposals; encourage and protect laborers in scientific research, technical renovation, and invention; and commend and award labor models and advanced workers. Article 7 Laborers shall have the right to participate in and organize trade unions in accordance with law. Trade unions shall r

9、epresent and safeguard the legitimate rights and interests of laborers, and stage activities independently in accordance with law. Article 8 Laborers shall take part in democratic management through workers congress, workers representative assembly, or any other forms in accordance with law, or cons

10、ult with the employer on an equal footing about protection of the legitimate rights and interests of laborers. Article 9 The labor management department under the State Council shall take charge of the management of labor of the whole country. Local peoples governments above the county level shall t

11、ake charge of the management of labor in areas under their jurisdiction. Chapter 2 - Promotion of Employment Article 10 The State shall create employment conditions and expand employment opportunities through promotion of economic and social development. The State shall encourage enterprises, instit

12、utional organizations, and social groups to start industries or expand businesses within the scope allowed by stipulations of laws and administrative decrees for the purpose of increasing employment. The State shall support laborers to organize and employ themselves on a voluntary basis and to get e

13、mployed in individual businesses. Article 11 Local peoples governments at various levels shall take measures to develop various kinds of job agencies and provide employment services. Article 12 Laborers shall not be discriminated against in employment due to their nationality, race, sex, or religiou

14、s belief. Article 13 Women shall enjoy equal rights as men in employment. Sex shall not be used as a pretext for excluding women from employment during recruitment of workers unless the types of work or posts for which workers are being recruited are not suitable for women according to State regulat

15、ions. Nor shall the standards of recruitment be raised when it comes to women. Article 14 Any special stipulations in laws and regulations about the employment of the disabled, minority people, and demobilized soldiers shall be observed. Article 15 The employer shall be banned from recruiting juveni

16、les under the age of 16. Art, sports and special-skill units that plan to recruit juveniles under the age of 16 shall go through examination and approval procedures according to relevant State regulations and guarantee the right of the employed to receive compulsory education. Chapter 3 - Labor Cont

17、racts and Collective Contracts Article 16 Labor contracts are agreements reached between laborers and the employer to establish labor relationships and specify the rights, interests and obligations of each party. Labor contracts shall be concluded if labor relationships are to be established.Article

18、 17 Conclusion and alteration of labor contracts shall follow the principle of equality, voluntariness,* and agreement through consultation. They shall not run counter to stipulations in laws or administrative decrees. Labor contracts shall become legally binding once they are concluded in accordanc

19、e with law. The parties involved shall fulfill obligations stipulated in labor contracts. Article 18 The following labor contracts shall be invalid; (1) Labor contracts concluded against laws or administrative decrees; (2) Labor contracts concluded through cheating, threat, or any other means. Inval

20、id labor contracts shall not be legally binding from the very beginning of their conclusion. If a labor contract is confirmed as being partially invalid, the other parts shall be valid if the parts that are invalid do not affect the validity of these other parts. The invalidity of a labor contract s

21、hall be confirmed by a labor dispute arbitration committee or a peoples court. Article 19 Labor contracts shall be concluded in written form and contain the following clauses: (1) Time limit of the labor contract; (2) Content of work; (3) Labor protection and labor conditions; (4) Labor remuneration

22、s; (5) Labor disciplines; (6) Conditions for the termination of the labor contract; (7) Liabilities for violations of the labor contract. Apart from the necessary clauses specified in the preceding clause, the parties involved can include in their labor contracts other contents agreed upon by them t

23、hrough consultation. Article 20 The time limits of labor contracts shall be divided into fixed and flexible time limits and time limits for the completion of certain amount of work. Labor contracts with flexible time limits shall be concluded between the laborers and the employer if the former reque

24、st for the conclusion of labor contracts with flexible time limits after working continuously with the employer for more then 10 years and with agreement between both of the parties involved to prolong their contracts. Article 21 Probation periods can be agreed upon in labor contracts. These probati

25、on periods shall not, however, exceed six months at the longest. Article 22 The parties involved in a labor contract can reach agreements in their labor contracts on matters concerning the keeping of the commercial secrets of the employer. Article 23 Labor contracts shall terminate upon the expirati

26、on of their time limits or the occurrence of the conditions agreed upon in labor contracts by the parties involved for terminating these contracts. Article 24 Labor contracts can be revoked with agreement reached between the parties involved through consultation. Article 25 The employer can revoke l

27、abor contracts should any one of the following cases occur with its laborers: (1) When they are proved during probation periods to be unqualified for employment; (2) When they seriously violate labor disciplines or the rules or regulations of the employer; (3) When they cause great losses to the emp

28、loyer due to serious dereliction of duties or engagement in malpractice for selfish ends; (4) When they are brought to hold criminal responsibilities in accordance with law. Article 26 The employer can revoke labor contracts should any one of the following cases occur, with its laborers to be notifi

29、ed, in written form, of such revocation in 30 days advance: (1) The laborers can neither take up their original jobs nor any other kinds of new jobs assigned by the employer after completion of medical treatment for their illnesses or injuries not suffered during work; (2) The laborers are incompete

30、nt at their jobs and remain as so even after training or after readjusting the work posts; (3) No agreements on a alteration of labor contracts can be reached through consultation between and by the parties involved when major changes taking place in the objective conditions serving as the basis of

31、the conclusion of these contracts prevent them being implemented. Article 27 In case it becomes a must for the employer to cut down the number of workforce during the period of legal consolidation when it comes to the brink of bankruptcy or when it runs deep into difficulties in business, the employ

32、er shall explain the situation to its trade union or all of its employees 30 days in advance, solicit opinions from its trade union or the employees, and report to the labor administrative department before it makes such cuts. If the employer cuts its staff according to stipulations in this Article and then seeks recruits within six months, it shall first recruit those that have been cut. Article 28 The employer shall make economi