Labor Collective Contract Dispute Interpretation

Labor collective contract dispute

[interpretation]

[regulations]

Labour law of the People's Republic of China (excerpt)

(Standing Committee of the National People's Congress adopted in July 5, 1994)

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

A labor contract should be concluded when establishing labor relations.

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

Labor contracts are legally binding in accordance with law, and the parties must fulfill their obligations stipulated in the labor contract.

Eighteenth the following labor contracts are invalid:

(1) labor contracts violating laws and administrative regulations;

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

An invalid labor contract, from the time of conclusion, is not legally binding.

If the part of the labor contract is invalid, if it does not affect the effectiveness of the rest of the contract, the rest of the contract is still valid.

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

The nineteenth labor contract shall be concluded in writing and shall have the following clauses:

(1) the term of the labor contract;

(two) work content;

(three) labor protection and working conditions;

(four) labor remuneration;

(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.

The duration of the twentieth labor contracts can be divided into fixed periods, no fixed deadlines and time limit for completing certain jobs.

If a worker continues to work in the same employer for more than ten years, if the parties agree to continue the labor contract, if the worker proposes to conclude a labor contract with no fixed term, the labor contract with no fixed term should be concluded.

Twenty-first labor contracts can be agreed on probation period.

The longest probation period should not exceed six months.

Twenty-second parties to a labor contract may agree on matters relating to the protection of the employer's business secrets in the labor contract.

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

Article twenty-fourth the labor contract can be terminated through the consensus of the parties in the labor contract.

Twenty-fifth of the following situations, 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 according to law.

Article twenty-sixth the employer may rescind the labor contract in any of the following circumstances, but he shall notify the worker himself in writing thirty days in advance.

(1) if a worker is sick or injured by a worker, he can not engage in the original work nor engage in any work arranged separately by the employer after the medical treatment expires.

(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.

(

Twenty-seventh when 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 lay down personnel for thirty days. Explain the situation to the trade union or all the staff members in advance, and listen to the opinions of the trade unions or workers.

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

The twenty-eighth employer shall, in accordance with the provisions of the twenty-fourth, twenty-sixth and twenty-seventh provisions of this law, rescind the labor contract, and shall make economic compensation in accordance with the relevant provisions of the state.

Twenty-ninth of the following cases, the employer shall not terminate the labor contract in accordance with the provisions of the twenty-sixth and twenty-seventh articles of this Law:

(1) suffering from occupational diseases or being injured by work or being recognized or partially disabled.