Shanghai Labor Contract Stipulations

general provisions

Article 1 (purpose and basis)

In order to protect the legitimate rights and interests of labourers and employers, establish labor relations according to law and promote harmonious and stable development of labor relations, these Provisions are formulated in accordance with the labor law of the People's Republic of China and other relevant provisions in light of the actual conditions of this Municipality.

Second article (scope of application)

These Provisions apply to enterprises and individual economic organizations (hereinafter referred to as employing units) within the scope of this Municipality and laborers who establish labor relations with them.

State organs, institutions, social organizations and laborers who establish labor contract relations with them shall be implemented in accordance with these provisions.

Third article (definition)

The labor contract is the agreement between the laborer and the employer to establish labor relations and clarify the rights and obligations of both parties.

Fourth (Principles for making and changing contracts)

The conclusion and modification of labor contracts shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws, regulations and rules.

The second chapter is the conclusion, modification and performance of labor contracts.

Fifth article (contract conclusion)

A labor contract should be concluded when establishing labor relations.

The labor contract shall be concluded in writing, and each party shall hold 1 copies.

Sixth (advance delivery of contract)

The employer shall deliver the contract text to the laborer 7 days before the formal labor contract is concluded, but the worker's willingness to conclude the labor contract immediately will not be restricted.

Article seventh (contents of the contract)

The labor contract shall have the following clauses:

(1) the term of the labor contract;

(two) work content;

(three) labor protection and working conditions;

(four) labor remuneration and insurance benefits;

(five) labor discipline;

(six) conditions for termination of the labor contract;

(seven) responsibility for violating the labor contract.

In addition to the essential provisions stipulated in the preceding paragraph, the parties concerned may agree on other contents through negotiation.

Eighth article (the probation period stipulated in the contract)

A probation period can be stipulated in a labor contract.

If the term of a labor contract is less than 6 months, there is no probation period; if the term of the labor contract is 6 months or less than 1 years, the maximum probation period shall not exceed 1 months; if the term of the labor contract is 1 years or less than 3 years, the maximum probation period shall not exceed 3 months; the duration of the labor contract is 3 years, and the probation period shall not exceed 6 months.

Ninth article (special contract agreement)

The parties to a labor contract may agree on matters relating to the protection of the commercial secrets of the employing unit in the labor contract.

The employer may stipulate the rights and obligations of both parties in the labor contract or related agreement because of the reasons for possible contribution to the training or allocation of housing for the laborers.

Article tenth (binding force of contract)

Labor contracts concluded in accordance with the law shall be legally binding, and both parties must perform their prescribed obligations.

Eleventh article (change of contract)

After the labor contract comes into effect, within the validity period, if any party requests to change the content of the contract, the change request shall be sent to the other party in writing, and the other party shall make a written reply within 15 days.

Twelfth article (invalid contract)

The following labor contracts are void:

(1) labor contracts violating laws, regulations and rules;

(two) labor contracts concluded by means of fraud and threat.

An invalid labor contract is not legally binding from the time it is concluded.

The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people's court.

Thirteenth (medical treatment period)

If a worker is required to stop medical treatment due to illness or non work injury during the performance of the labor contract, the employer shall give the medical treatment period according to the following provisions:

(1) if the accumulated working life is less than 10 years, the medical term for the working period of the unit is less than 5 years, 3 months; the working life of the unit is 5 years, and the medical treatment period is 6 months.

(two) if the accumulative working life is less than 20 years after 10 years, the duration of medical treatment is less than 5 years, the medical treatment period is 6 months; the working life of the unit is 5 years, and the medical treatment period is 9 months; the medical treatment period is 9 months; when the working life of the unit is 10 years, the medical treatment period is 12 months; the duration of the work in the unit is less than full years, and the medical treatment period is a month.

(three) for a full period of 20 years, the working life of the unit is less than 5 years, the medical treatment period is 12 months; the working life of the unit is less than 10 years, and the medical treatment period is 18 months; the working life of the unit is 10 years under the age of 15 years, the medical treatment period is 24 months; and the duration of the work of the unit is less than 15 years, and the medical period is not limited.

Employing units can not limit the duration of medical treatment to workers who are engaged in underground, high temperature, toxic and harmful, high altitude, especially heavy physical labor, and those who perform well for a certain number of years or in production and operation.

Workers suffering from serious diseases or serious injuries are not able to resume work at the end of the term of medical treatment. Medical workers who need further medical treatment should be identified by the labor appraisal committee.

Fourteenth (medical term calculation)

The medical treatment period is 3 months, according to the cumulative time of 6 months' rest time. The medical treatment period is 6 months, according to the cumulative sick time in 12 months. The medical period is 9 months, and the cumulative time for medical treatment is 15 months. The medical period is 12 months. According to the cumulative time interval between 18 months, the duration of medical treatment is 18 months, and the cumulative duration of illness is calculated within 24 months.

The third chapter is the termination, renewal and dissolution of labor contracts.

Fifteenth article (termination of contract)

If the labor contract expires or the conditions for termination of the labor contract stipulated by the parties appear, the labor contract will be terminated.

Sixteenth article (renewal of contract)

After the expiration of the term of the labor contract, the labor contract can be renewed through consultation between the two parties.

Article seventeenth (dissolution of contract negotiation)

The labor contract can be terminated through consultation by the parties concerned in the labor contract.

Article eighteenth (negligence of contract rescission)

In case of any of the following circumstances, the employer may rescind the labor contract:

(1) during the probation period, it is proved that it does not meet the employment requirements;

(two) serious violation of labor discipline or rules and regulations of employing units;

(three) serious dereliction of duty, malpractice, and serious harm to the interests of the employer;

(four) be investigated for criminal responsibility or reeducation through labor according to law.

The nineteenth article (the non - negligence of the contract)

In case of any of the following circumstances, the employer may rescind the labor contract, but the worker himself shall be informed in writing 30 days in advance.

(1) if a worker is ill or injured, he or she cannot engage in the original work after the expiration of the medical treatment, nor can he engage in any proper work arranged by the employing unit separately.

(two) labourers are not competent for their jobs. After training or adjustment of jobs, they are still not competent.

(three) significant changes have taken place in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the original labor contract to be fulfilled, and no agreement on changing the labor contract can be reached after consultation by the parties concerned.

Twentieth (economic layoffs)

If the employing unit is on the verge of bankruptcy, during the period of statutory rectification or serious difficulties in production and operation, it is necessary to reduce personnel. 30 days ahead of time, it should explain the situation to the trade union or all the staff members, listen to the opinions of the trade union or the staff and workers, and report to the labor administrative department, and reduce the personnel and terminate the labor contract.

If the employing units reduce personnel according to the provisions of the preceding paragraph, those who employ them within 6 months shall give priority to those who have been laid off.

Twenty-first article (not terminating the contract)

In case of any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of the nineteenth and twentieth provisions of the present Provisions:

(1) having suffered from occupational disease or injured by work and has lost or partially lost his ability to work through the appraisal of the labor appraisal committee;

(two) illness or injury, within the prescribed medical period;

(three) female workers during pregnancy, childbirth, and lactation.