中华人民共和国劳动合同法EN.docx
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1、Labor Contract Law of the Peoples Republic of China2010-08-12 Hits:2566Order 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 Repu
2、blic 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 Peo
3、ples 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
4、DispatchSection 3 Part-Time EmploymentChapter VI Supervision and InspectionChapter VII Legal ResponsibilityChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is enacted in order to improve the labor contract system, define the rights and obligations of both parties t
5、o a labor 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
6、territory 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 who
7、m they 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, a
8、nd good 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 enj
9、oy the 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 safet
10、y and 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 th
11、e workers 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, a
12、nd have 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
13、administrative 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
14、issues 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
15、legitimate rights and interests of workers.Chapter II Conclusion 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 employ
16、ing unit 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 acquir
17、e the basic 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 gu
18、aranty 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 conclud
19、ed within 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 emplo
20、ying unit 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 o
21、r the collective 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
22、ending 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
23、 stipulate 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 lab
24、or contract 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 y
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