Notice On Several Issues Concerning The Implementation Of The Labor Contract System

The labour (labour and personnel) offices (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, relevant ministries and commissions under the State Council, and directly under the State Council, the production and Management Department of the General Logistics Department of the PLA, and the Xinjiang production and Construction Corps:

Since the implementation of the labor law, the implementation of the labor contract system has been progressing smoothly throughout the country, but some regions and enterprises have put forward some problems in the process of implementing the labor contract system, which need to be clarified.

For this reason, after the study, the relevant issues are hereby notified as follows:

1. when signing a labor contract, according to the provisions of the labor law, as long as the parties concerned have reached a consensus, they can sign a labor contract with a fixed time limit, no fixed time limit or a certain period of work.

2. in the process of changing the fixed labor system to the labor contract system, the employer shall conclude a labor contract with no fixed term if he puts forward a labor contract that meets the following requirements:

(1) in accordance with the provisions of the labor law, the parties agree to renew the labor contract for more than ten years in the same employer.

(2) a longer working life and less than ten years from the statutory retirement age;

(3) the first employment of demobilized soldiers;

(4) other circumstances stipulated by laws and regulations.

3. in accordance with the provisions of the labor law, the labor contract can be agreed on a trial period of not more than six months.

If the term of the labor contract is less than six months, the probation period shall not exceed fifteen days; the term of the labor contract shall be less than six months and less than one year, and the probation period shall not exceed thirty days; the probation period of the labor contract for more than one year and less than two years shall not exceed sixty days.

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

4. the employing unit can only try one time for the same worker who has not changed his job.

5. the labor contract can stipulate the effective time of the contract.

If no labor contract is effective, the date of signing the contract shall be deemed to be the effective time of the labor contract.

The termination time of a labor contract shall be based on the twenty-four day of the last day of the labor contract.

6. enterprises with serious difficulties in production and operation should sign labor contracts with laborers, but the relevant jobs and remuneration in labor contracts can be stipulated on the basis of consensus.

The special agreement, as an appendix to the labor contract, has the same binding force as the labor contract.

7. if a worker who is not paid to stay behind is willing to return to work in the original unit, the employing unit shall sign a labor contract with him, and clarify the relationship between rights and obligations.

If the employer can not arrange work posts, and the workers are willing to work in other units and continue to retain labor relations with the original units, it shall be handled in accordance with the seventh provision of the Ministry of labour on the issues concerning the implementation of the People's Republic of China labor law.

8. the employing unit should sign a labor contract with the surplus personnel of the unit. The relevant contents of the labor contract should be changed when dealing with posts or long holidays, and special agreements should be negotiated on the relevant contents.

9. the change of the legal representative of the enterprise will not affect the performance of the labor contract, and the employer and worker need not re sign the labor contract.

10. in the process of changing the fixed labor system to the labor contract system, the employing units should arrange appropriate work and sign labor contracts for the employees who are mentally ill, but their condition is controlled.

After the end of medical treatment, retirement or resignation procedures shall be conducted according to relevant state regulations.

11. the employing unit may terminate the labor contract if it finds that the newly recruited workers are found to be mentally ill during the probation period and confirmed by the relevant agencies.

12. the original fixed worker who has gone through the process of leaving or recuperating in the factory, and the employing unit shall sign a labor contract with him, clarify the relationship between rights and obligations, and the relevant documents for leaving or recuperating or recovering from it as an appendix to the labor contract.

13. when the retirees who have already enjoyed the endowment insurance are re employed, the employer should sign a written agreement with them to specify the rights and obligations of the work, remuneration, medical treatment and labor insurance benefits during the employment period.

14. when a labor contract with a fixed term is expired, the fact labor relationship has not been terminated or renewed due to the reasons of the employer. It is regarded as a renewal of the labor contract.

The employer should consult with the laborers on time and renew the contract.

If this causes losses to the workers, the employing unit shall bear the liability for compensation according to law.

15. when the worker has fulfilled the relevant obligations to terminate or terminate the labor contract, the employer shall issue a certificate of termination and dissolution of the labor contract, which shall serve as a voucher for the worker to enjoy unemployment insurance benefits, unemployment registration and job registration according to the regulations.

The certificate shall specify the date, termination or dissolution of the labor contract and the work undertaken.

If the laborer requests, the employer can objectively explain the reasons for the rescission of the labor contract.

16. after the expiration of the term of the employee's labor contract, where the termination of the labor contract is in conformity with the retirement conditions, it may go through the retirement formalities and receive the old-age insurance premium; if it does not meet the retirement conditions, it shall go to the employment service institution for unemployment registration and receive unemployment benefits according to the regulations.

17. when employing units, the employing unit shall check the termination and dissolution of the labor contract certificate, and other certificates that can prove that the employee does not have any labor relations with any employer.

18. the termination of labor contracts by employees shall be submitted to the employer in written form thirty days in advance in strict accordance with the provisions of the labor law.

The employee's voluntary resignation is a violation of the labor contract, and shall be liable for compensation in accordance with the "compensation law for violation of the labor contract".

19. according to the provisions of article twenty-seventh of the labor law, enterprises employing economic redundancies should employ personnel within six months, and priority should be given to those who are laid off.

Employees who have been laid off by the employers for economic layoffs are rehired by the original units within six months. The work time before and after the employees' reduction should be counted as their working hours.

20. in accordance with the provisions of article twenty-fourth of the labor law, the worker may voluntarily propose to terminate the labor contract, and the employer may not pay the economic compensation.

21. in the term of the labor contract, the worker is relieved from the labor contract due to the pfer or pfer of the work unit by the competent department, and the employer can not pay the economic compensation if he does not cause unemployment.

22. if a worker terminates the labor contract at the expiration of the contract if he or she is injured or is not injured by work, the employer shall pay a medical subsidy not less than six months' salary.