劳动法英文.docx

1、劳动法英文中华人民共和国劳动法（英文版）2006/4/9 9:23:09作者：摘自：编辑：刘昊斌文字显示大小选择：【 大 中 小 】 劳动法顾问 企业内训 修改员工手册 修改劳动合同 Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contents CHAPTER I. GENERAL PROVISIONS CHAPTER II. PROMOTION OF EMPLOYMENT CHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPT

2、ER IV. WORKING HOURS, REST AND VACATIONS CHAPTER V. WAGES CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH CHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCATIONAL TRAINING CHAPTER IX. SOCIAL INSURANCE AND WELFARE CHAPTER X. LABOUR DISPUTES CHAPTER XI. SUPERVISION AND

3、 INSPECTION CHAPTER XII. LEGAL RESPONSIBILITY CHAPTER XIII. SUPPLEMENTARY PROVISIONS CHAPTER I. GENERAL PROVISIONS Section 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and s

4、afeguard a labour system suited to the socialist market economy, and promote economic development and social progress. Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the Peoples Republic of China,

5、 and labourers who form a labour relationship therewith. State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law. Section 3. Labourers shall have the right to be employed on an equal basis, choose occupation

6、s, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour

7、 as stipulated by law. Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics. Section 4. The employing units shall establish and perfect rules and regulations in accordance wit

8、h the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations. Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labou

9、r relationship, and gradually raise the living standard of labourers. Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific r

10、esearch and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers. Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law. Trade Unions shall represent a

11、nd safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law. Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulatio

12、ns, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers. Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole countr

13、y. The labour administrative departments of the local peoples governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction. CHAPTER II. PROMOTION OF EMPLOYMENT Section 10. The State shall create conditions for

14、 employment and increase opportunities for employment by means of the promotion of economic and social development. The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the sti

15、pulation of laws, and administrative rules and regulations. The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses. Section 11. Local peoples governments in various levels shall take measures to develop various kinds of job

16、-introduction agencies and provide employment services. Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief. Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the r

17、ecruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State. Section 14. Where there are special stipulations in la

18、ws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply. Section 15. No employing units shall be allowed to recruit juveniles under the age of 16. Units of literature and art, physical culture

19、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 the State and guarantee their right to compulsory education. CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE

20、AGREEMENTS Section 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 and obligations of each party. A labour contract shall be concluded where a labour relationship is t

21、o be established. Section 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 stipulations of laws, administrative rules and regulations. A labour contract once concluded in a

22、ccordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract. Section 18. The following labour contracts shall be invalid: (1) labour contracts concluded in violation of laws, administrative rules and regulations; and (2

23、) 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 a labour contract is confirmed as invalid and where the validity of the remaining part is n

24、ot affected, the remaining part hall remain valid. The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a peoples court. Section 19. A labour contract shall be concluded in written form and contain the following clauses: (1) term of labour contract; (2)

25、 contracts of work; (3) labour protection and working conditions; (4) labour remuneration; (5) labour disciplines; (6) conditions for the termination of a labour contract; and (7) responsibility for the violation of a labour contract. Apart from the required clauses specified in the preceding paragr

26、aph, other contents in a labour contract may be agreed upon through consultation by the parties involved. Section 20. The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term. In case a labourer has kept working in

27、a same employing unit for ten years or more 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. Section 21. A probation period may be agreed upon in a labour contract. The longe

28、st probation period shall not exceed six months. Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit. Section 23. A labour contract shall terminate upon the expiration of its

29、term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved. Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation. Section 25. The employing unit may revoke the labour contr

30、act 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 disciplines or the rules and regulations of the employing unit; (3) to cause great losses to the employing unit due to s

31、erious dereliction of duty or engagement in malpractice for selfish ends; and (4) to be investigated for criminal responsibilities in accordance with the law. Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given

32、to the labourer 30 days in advance; (1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work; (2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and (3) no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions t