People'S Republic Of China Labor Contract Law

(adopted at the twenty-eighth session of the Standing Committee of the Tenth National People's Congress on June 29, 2007)

Catalog

general provisions

The second chapter is about the conclusion of labor contracts.

The third chapter is about the performance and change of labor contract.

The fourth chapter is the termination and termination of labor contracts.

The fifth chapter provides special provisions.

Section 1 collective contracts

The second section of labor dispatch

The third part of part-time employment

The sixth chapter is supervision and inspection.

The seventh chapter is legal liability.

Eighth chapter supplementary provisions

general provisions

Article 1 this law is formulated for the purpose of improving the labor contract system, defining the rights and obligations of the parties to the labor contract, protecting the legitimate rights and interests of labourers, and building and developing harmonious and stable labor relations.

Second enterprises, individual economic organizations, private non enterprise units and other organizations (hereinafter referred to as employing units) within the territory of the People's Republic of China shall establish labor relations with labourers, and conclude, perform, alter, rescind or terminate the labor contracts. This law is applicable.

State organs, public institutions, social organizations and workers who establish labor relations with them shall conclude, perform, alter, terminate or terminate their labor contracts in accordance with this law.

Third, when concluding a labor contract, it should follow the principles of legality, fairness, equality and voluntariness, consensus and honesty.

The labor contract concluded in accordance with the law is binding, and the employing unit and the laborer shall fulfill the obligations stipulated in the labor contract.

The fourth employing units shall establish and improve the labor rules and regulations in accordance with the law, so as to ensure that labourers enjoy the right to work and fulfill their labor obligations.

The employing units shall, when formulating, modifying or deciding on rules and regulations or major matters directly related to the vital interests of laborers, such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, shall put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, and make an equal consultation with the trade union or staff representatives.

In the process of deciding on the implementation of rules and regulations and major matters, the trade union or the staff and workers consider it inappropriate, they shall have the right to propose to the employer and make amendments and improvements through consultation.

The employing units shall publicized the rules and regulations and major matters directly related to the vital interests of the workers, or notify the laborers.

Fifth labor administrative departments of the people's governments at or above the county level, together with representatives of trade unions and enterprises, establish and improve the three party mechanism for coordinating labor relations, and jointly study and solve major problems related to labor relations.

Sixth trade unions should help and guide workers and employers to conclude and perform labor contracts in accordance with the law, and establish collective bargaining mechanism with employers to safeguard the legitimate rights and interests of workers.

The second chapter is about the conclusion of labor contracts.

The seventh employer shall establish labor relations with the laborers from the date of their employment.

The employer should set up a staff register for future reference.

Article eighth when employing units, the employing units shall truthfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that the laborers require to know. The employing units have the right to understand the basic situation of the direct correlation between labourers and labor unions, and the labourers should explain them faithfully.

Article ninth employing units to recruit workers shall not detain workers' resident identity cards and other certificates, nor require workers to provide guarantees or to collect property from laborers in other names.

The tenth, establishing labor relations, shall conclude a written labor contract.

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

Where a labor contract is concluded between the employing unit and the laborer before the employment, the labor relationship shall be established from the date of the employment.

Article eleventh: if the employer fails to conclude a written labor contract while he is employed, and the labor remuneration stipulated by the laborer is not clear, the remuneration of the new recruited worker shall be carried out according to the standard stipulated in the collective contract; if there is no collective contract or collective contract, the equal pay for equal work shall be implemented.

The twelfth labor contracts are divided into fixed term labor contracts, non fixed term labor contracts and labor contracts with a certain duration of work.

The thirteenth fixed term labor contract refers to the labor contract stipulated by the employer and the worker for the termination time of the contract.

Employers and workers can conclude a fixed term labor contract through consultation.

The fourteenth unfixed term labor contract refers to the labor contract stipulated by the employer and the worker without definite termination time.

Employers and workers can conclude an unfixed term labor contract through consultation.

In case of any of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, he shall conclude an unfixed term labor contract unless the worker proposes a fixed term labor contract.

(1) the worker has worked continuously for ten years in the employing unit.

(two) when the employer first implements the labor contract system or the state-owned enterprise reestablishes the labor contract, the worker will continue to work for ten years in the employing unit and less than ten years from the statutory retirement age.

(three) two consecutive fixed-term labor contracts shall be concluded continuously, and the laborers shall renew their labor contracts without the provisions of the first and second provisions of the thirty-ninth and fortieth articles of this law.

If the employer fails to conclude a written labor contract with a worker for one year from the date of his employment, he shall be deemed to have entered into an unfixed term labor contract between the employer and the employee.

The fifteenth labor contract with a deadline for completion of certain tasks is the labor contract stipulated by the employer and the laborer that the completion of a job is the duration of the contract.

The employer and the worker can conclude a labor contract with a deadline for completion of certain tasks.

The sixteenth labor contract shall be agreed by the employer and the laborer, and shall be signed or sealed by the employer and the laborer in the labor contract text.

Each employer and worker shall hold one copy of the labor contract.

The seventeenth labor contract shall have the following clauses:

(1) the name, domicile, legal representative or principal person in charge of the employing unit;

(two) the name, address, identity card or other valid identity document number of the worker;

(three) the term of the labor contract;

(four) work content and working place;

(five) working hours, rest and vacations;

(six) labor remuneration;

(seven) social insurance;

(eight) labor protection, labor conditions and occupational hazards protection;

(nine) other matters that should be included in the labor contract stipulated by laws and regulations.

In addition to the essential provisions stipulated in the preceding paragraph, the employer and the worker may agree on other matters such as probation period, training, keeping secrets, supplemental insurance and welfare benefits.

If the eighteenth labor contracts are not clear about the standard stipulations of labor remuneration and labor conditions and so on, the employers and workers can renegotiate. If the consultation fails, the provisions of the collective contract shall apply; if there is no collective contract or collective contracts do not stipulate the remuneration for labor, the equal pay for equal work shall be paid; if there is no collective contract or the collective contract does not stipulate the working conditions and other standards, the relevant state regulations shall apply.

If the nineteenth term of a labor contract is not more than one year for more than three months, the probation period shall not exceed one month; if the term of labor contract is less than three years, the probation period shall not exceed two months; the probation period of three years or more with no fixed time limit shall not exceed six months.

Only one probation period can be agreed between the same employer and the same worker.

A labor contract or a labor contract with a duration of completion for a certain period of work is less than three months, and no probation period shall be prescribed.

The probation period is included in the term of the labor contract.

The labor contract only stipulates the probation period, and the probation period is not established. The duration is the term of the labor contract.

The wages of the twentieth workers during the probation period shall not be lower than the minimum wage of the same post of the same unit or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article twenty-first during the probation period, the employer shall not terminate the labor contract except that the worker has thirty-ninth or fortieth articles and second provisions.

If the employer terminates the labor contract during the probation period, he shall explain the reason to the worker.

The twenty-second employer provides special training expenses for laborers, and if they engage in professional and technical training, they may conclude an agreement with the worker and agree on the service period.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled.

If the employer and worker agree on the service period, they will not affect the labor remuneration during the service period according to the normal wage adjustment mechanism.

The twenty-third employers and workers may stipulate in their labor contracts the business secrets of the employing units and the confidentiality matters related to intellectual property rights.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

The twenty-fourth persons with limited competition shall be limited to the senior managerial personnel, senior technical personnel of the employing units and other personnel who have the obligation of confidentiality.

The scope, region and time limit of the competition shall be stipulated by the employing unit and the laborer, and the agreement on the restriction of competition shall not violate the provisions of laws and regulations.

After the termination or termination of a labor contract, the personnel specified in the preceding paragraph shall have other uses for competition with the unit in production or in the operation of similar products or in similar businesses.