劳动合同法(英文)

1、Labor Con tract Law of the Peoples Republic of Chi na劳动合同法Chi na (No. 65)The Labor Con tract Law of the PeoplesRepublic of China, adopted at the 28th Sessi on of the StandingCommittee of the 10th Nati onalPeoples Con gress ofthe Peoples Republic of China on June 29, 2007, is herebypromulgated and sh

2、all come into effect on January 1, 2008.Hu Jin taoPreside nt of the Peoples Republic of ChinaJune 29, 2007Con te ntsChapter IGen eral Provisi onsChapter IICon clusi on of Labor Con tractsPromulgatio n date:June 29, 2007Effective date:Jan uary 1,2007Departme nt:Nati onal Peoples Con gressOrder of the

3、 Preside nt of the Peoples Republic ofLabor Con tract Law of the Peoples Republic of Chi na劳动合同法Chapter IIIPerforma nee and Amen dme nt ofLaborCon tractsChapter IV Revocation and Termination of LaborContractsChapter VSpecial Provisions-Part ICollective ContractsPart IIWork PlacementPart IIIPart-time

4、 LaborChapter VISupervision and InspectionChapter VIILegal LiabilityChapter VIIISupplementary ProvisionsLabor Contract Lawof the Peop les Republic of ChinaChapter 1General ProvisionsArticle 1This Law is formulated to improve the laborcontract system, to specify the rights and obligations of the part

5、ies tolabor contracts, to protect the legitimate rights and interests of workers,and to build and develop harmonious and stable employmentrelationships.Article 2 This Law applies to the establishment of laborrelationships between, the conclusion of, performance of, amendmentof, revocation of and ter

6、mination of, labor contracts by workers andorganizations such as enterprises, individual economic organizationsand private non- enterprise units in the Peoples Republic of China(“Employers”).The conclusion, performance, amendment, revocation andtermination of labor contracts between state authoritie

7、s, institutions orsocial organizations and workers with whomthey establishemployment relationships, shall be subject to this law.Article 3The conclusion of a labor contract shallbe based on the principles of lawfulness, fairness, equality,voluntariness, negotiated consensus and good faith. A lawfull

8、yconcluded labor contract shall have binding force, both the Employerand the employee shall perform their respective obligations stipulatedtherein.Article 4 Employers shall formulate and improve labor rules andregulations in accordance with the law, so as to ensure that employeesenjoy their labor ri

9、ghts and perform their labor obligations.The formulations, amendments and decisions made byEmployers with respect to rules on labor compensation, working hours,leave and rest, occupational safety and hygiene, insurance andwelfare, training, work discipline or work quota management, etc.,which have a

10、 direct impact on employeesimmediate rights andinterests, or other material matters, shall be presented to anddiscussed with the employee representative congress or all theemployees, and the proposal and advice thereof shall be determinedafter consultation with the labor union or employee representa

11、tive onthe basis of equality.If, during the implementation of a rule or regulation or decision ona material matter, the labor union or any of the employees deems itinappropriate, they shall be entitled to raise the issue with theEmployer and have it amended after consultation.The Employer shall make

12、 rules, regulations and decisions onmaterial matters that have a direct impact on employeesimmediateinterests and rights, public or communicate the same to theemployees.Article 5 The labor administration authorities of the P eoplesGovernments at the county level and above shall, together with laboru

13、nions and enterprise representatives, establish a comprehensivetri-partite mechanism forthe co-ordination ofemploymentrelationships, in order to jointly study and resolve material issuesrelating to employment relationships.Article 6The labor union shall assist and guideworkers in the conclusion and

14、performance of labor contracts with theirEmployer, and establish a collective consultation mechanism with theEmployer in order to protect the lawful rights and interests of workers.Chapter IIConclusion of Labor ContractsArticle 7The employment relationship between anEmployer and an employee shall co

15、mmence on the date the employeecommenceswork. The Employer shall keep a register of employees,for future reference.Article 8 The Employer shall truthfully advise the employee of thescope of work, the working conditions, the place of work, occupationalhazards, production safety conditions, labor comp

16、ensation and othermatters requested by the employee; the Employer shall be entitled tothe worker basic information of the employee that directly relates to thelabor contract, and the employee shall truthfully provide the same.Article 9 When hiring an employee, the Employer shall not retainthe employ

17、ees resident ID card or other documentation, nordemandthe employee to provide security or collect property fromhim/her under some other guise.Article 10 A written labor contract shall be concluded whenestablishing an employment relationship.Where an employment relationship has been established witho

18、utthe conclusion of a written labor contract, the written labor contractshall be concluded within one (1) month from the date the employeecommences work.Where an Employer and an employee conclude a labor contractbefore the employee commences work, the employment relationshipshall be established on t

19、he date the employee commences work.Article 11Where an Employer fails to conclude awritten labor contract with an employee before the employeecommences work, and it is unclear what labor compensation wasagreed upon with the employee, the labor compensation for the newlyrecruited employee shall be pa

20、id in accordance with the standardsstipulated in the collective contract; where there is no collectivecontract or the collective contract is silent on the matter, the principleof equal pay for equal work shall apply.Article 12 Labor contracts are divided into fixed-term laborcontracts, open-ended la

21、bor contracts and labor contracts thatterminate upon the completion of a certain task.Article 13 Afixed -term labor contractrefers to a labor contractwhere the termination date has been agreed upon by the Employerand the employee.A fixed-term labor contract may be concluded between anEmployer and an employee upon consultation.Article 14Anopen- ended labor contractrefersto a labor contract where the Employer and the employee have agreednot to stipulate a definite termination date.An open-ended labor contractmay be concluded betweenan Employer and an employee upon consult