中华人民共和国劳动合同法(英文版).doc

中华人民共和国劳动合同法(英文版)Labor Contract Law of the Peoples Republic of China Order of the President 2007 No. 65 June 29, 2007 The Labor Contract Law of the Peoples Republic of China was adopted at the 28th Session of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China on June 29, 2007 and is hereby promulgated and effective as of January 1, 2008. President of the Peoples Republic of China: Hu Jin-tao Labor Contract Law of the Peoples Republic of China(adopted at the 28th Session of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China on June 29, 2007) Contents Chapter I General ProvisionsChapter II Conclusion of Labor ContractsChapter III Performance and Change of Labor ContractsChapter IV Dissolution and Termination of Labor ContractsChapter V Special ProvisionsSection 1 Collective ContractsSection 2 Labor DispatchSection 3 Part-time Labor ServicesChapter VI Supervision and ExaminationChapter VII Legal LiabilityChapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated to improve the labor contract system, specify the rights and obligations of both parties to labor contracts, protect the lawfulrights and interests of laborers and establish and develop a stable and harmonious labor relationship. Article 2 This Law shall apply to the conclusion, performance, change, dissolution or termination of labor contracts through the establishment of labor relationships between institutions such as enterprises, individually-owned economic organizations and private non-enterprise work units within the territory of the Peoples Republic of China (hereinafter referred to as "employing units") and laborers. The conclusion, performance, change, dissolution or termination of labor contracts by state authorities, institutions, social organizations and laborers with which they have a labor relationship shall refer to this Law. Article 3 The conclusion of labor contracts shall comply with the principles of lawfulness, fairness, equality and willingness, consensus consultation and faithfulness and creditworthiness. Labor contracts that are lawfully concluded shall be legal binding. Employing units and laborers shall perform the obligations agreed in labor contracts.Article 4 An employing unit shall lawfully establish and improve rules and systems, protect the labor rights enjoyed by laborers and perform labor obligations.Where an employing unit formulates, amends or decides on rules and systems that are directly related to the personal benefits of laborers or important matters such as labor rules and systems, working hours, rest days, labor safety and health, insurance benefits, employee training, labor discipline and labor quota administration, it shall hold a discussion with employees assembly or all employees, submit proposals and give suggestions and determine the issue following fair consultation with labor unions or employees representatives. In the process of decision-making and implementation of rules and systems and important matters, where a labor unions or employee deems it improper, it shall have the right to raise the issue to employing units and amendments and improvements shall be made through consultation. The employing unit shall publicly announce the rules and systems that are directly related to the personal benefits of laborers or the decisions on important matters, or inform the laborers of such rules and systems and decisions.Article 5 The labor administrative department of the peoples government at the county level or above and labor unions and representatives of enterprises shall establish a sound three-party mechanism for coordinating labor relationships and jointly study and solve important issues relevant to labor relationships.Article 6 A labor union shall assist and guide laborers to lawfully conclude and perform labor contracts with employing units and establish a collective consultation mechanism with employing units, and protect the lawful rights and interests of laborers. Chapter II Conclusion of Labor Contracts Article 7 An employing unit has established labor relationships with laborers from the date of use of labor services. The employing unit shall establish a register of employees for inspection. Article 8 Where an employing unit employs laborers, it shall truly inform the laborers of the job specifications, working conditions, place of work, occupational hazards, safe production status and labor remuneration, and other circumstances requested to be informed by the laborers. The employing unit shall have the right to understand the basic circumstances directly related to the laborers and labor contracts, and the laborers shall give a true explanation. Article 9 Where an employing unit employs laborers, it may not detain the resident identity card and other documents of laborers, nor request the laborers to provide guarantee or collect property from laborers in other names. Article 10 Written labor contracts shall be concluded to establish labor relationships. Where labor relationship has been established but no written labor contract was concluded at the same time, the written labor contract shall be concluded within one month of the date of use of labor services. Where the employing unit and laborers conclude labor contracts before the use of labor services, the labor relationships shall be established from the date of use of labor services. Article 11 Where an employing unit has not established a written labor contract at the same time as the use of labor services, and the labor remuneration has not been specified with the laborers, the labor remuneration of laborers newly employed shall be subject to the standard of the provisions of collective contracts. Where there is no collective contract or there is no provision in the collective contract, equal remuneration for the same work shall be paid.Article 12 Labor contracts are divided into labor contracts with fixed terms, labor contracts with unfixed terms and labor contracts where the term of service equals to the period of completion of a certain task. Article 13 Labor contracts with fixed terms shall refer to labor contracts the termination date of which is agreed between employing units and laborers.Where employing units and laborers have reached a consensus after consultation, they may conclude labor contracts with fixed terms. Article 14 Labor contracts with unfixed terms shall refer to labor contracts the termination date of which is not agreed between employing units and laborers.Where an employing unit and a laborer have reached a consensus after consultation, they may conclude a labor contract with unfixed terms. In any of the following circumstances where the laborer requests or agrees to renew or conclude labor contracts, the labor contract with unfixed terms shall be concluded unless laborers request the conclusion of a labor contract with fixed terms: (1) The laborer has been working with the employing unit for 10 consecutive years;(2) Where the employing unit implements the labor contract system for the first time or labor contracts are re-concluded due to restructuring of state-owned enterprises, the laborer has been working with the employing unit for 10 consecutive years and there is less than 10 years before the statutory retirement age; or(3) Where a labor contract with fixed terms has been concluded for two consecutive times and no labor contract is renewed for laborers that do not fall within the circumstances specified in Items (1) and (2) of Articles 39 and 40 hereof.Where the employing unit fails to conclude a written labor contract with the laborer from one year of the use of labor services, the labor contract with unfixed terms shall be deemed to have been established between the employing unit and the laborer. Article 15 Labor contracts where the term of service equals to the period of completion of a certain task shall refer to labor contracts where the term of service is agreed by an employing unit and a laborer to be the period of completion of a certain task. Where the employing unit and the laborer have reached a consensus after consultation, they may conclude a labor contract where the term of service equals to the period of completion of a certain task. Article 16 An employing unit and a laborer shall reach a consensus after consultation on the labor contract which shall be effective after signing and fixing a seal on the text of the labor contract by the employing unit and the laborer.The employing unit and the laborer shall each keep a copy of the text of the labor contract. Article 17 A labor contract shall contain the following terms and conditions:(1) The name, domicile and the legal representative or the major responsible person of the employing unit;(2) The name, domicile and the number of resident identity card or of other valid identity document of the laborer;(3) The term of the labor contract;(4) The job specifications and the place of work;(5) The working hours and rest days;(6) Labor remuneration;(7) Social insurance;(8) Labor protection, labor conditions and protection against occupational hazards; and(9) Other matters that shall be included in the labor contract as required by laws and regulations. In addition to the essential provisions of the labor contract provided in the preceding paragraph, the employing unit and the laborer may agree on other matters such as the probationary period, training, maintenance of confidentiality, supplementary insurance and fringe benefits. Article 18 Where the labor remuneration and labor conditions are not specified in the labor contract and a dispute arises, the employing unit and the laborer may hold a new consultation. If the consultation fails, the provisions of the collective contract shall apply. Where there is no collective contract or where no provision of labor remuneration is contained herein, equal remuneration for the same work shall be paid. Where there is no collective contract or there is no provision on labor conditions contained herein, the relevant state provisions shall apply. Article 19 Where the term of the labor contract is over three months but less than one year, the probationary period shall not exceed one month. Where the labor contract is over one year but less than three years, the probationary period shall not exceed two months. The probationary period of the labor contract with a fixed term of three years or unfixed term shall not exceed six months.Article 20 The wages of the laborer in the probationary period may not be lower than the lowest wages of the same position in the employing unit or 80% of the wages agreed in the labor contract, and may not be lower than the local lowest wage standard of the employing unit. Article 21 In the probationary period, an employing unit may not dissolve the labor contract unless the laborer is under the circumstances prescribed in Article 39 and Items (1) and (2) of Article 40 hereof. Where the employing unit dissolves the labor contract during the probationary period, the laborer shall be informed of the reasons. Article 22 Where an employing unit provides special training fees to a laborer for training on special skills, it may conclude an agreement with the laborer and agree on the term of service. Where the laborer violates the agreements of the term of service, it shall pay liquidated damages to the employing unit. The amount of the liquidated damages may not exceed the training fees provided by the employing unit. The liquidated damages that the employing unit requires the laborer to pay may not exceed the training fees that shall be apportioned in the non-performance period of the term of service. Where the employing unit and the laborer agree on the term of service, the increment of labor remuneration of the laborer in the service period according to the normal wage adjustment mechanism shall not be affected. Article 23 An employing unit and a laborer may agree on the maintenance of the confidentiality of trade secrets of the employing unit and the confidentiality matters relevant to intellectual property rights in the labor contract. In relation to the laborer who has the confidentiality obligation, the employing unit may agree on the competitive restriction clause with the laborer in the labor contract or the confidentiality agreement, and agree on the monthly economic compensation payable to the laborer within the competitive restriction period after the dissolution or termination of the labor contract. Where the laborer violates the agreement of the competitive restriction, it shall pay liquidated damages to the employing unit in accordance with agreements. Article 24 The personnel subject to the competitive restriction shall be limited to senior management personnel, senior technical personnel and other personnel with confidentiality obligation of the employing unit. The scope, geographic region and time limit of restrictive competition shall be agreed by the employing unit and the laborer and the agreement of restrictive competition may not violate the provisions of laws and regulations. After the dissolution or termination of the labor contract, the time limit of restrictive competition of the personnel prescribed in the preceding paragraph for working in other employing units that manufacture or operate the same type of products or that engage in the same type of business having competitive relationship with the original employing unit, or for commencing its own business in manufacturing or operating the same type of products and engaging in the same type of business shall not exceed two years. Article 25 Unless in the circumstances prescribed in Articles 22 and 23 hereof, no employing unit may agree with the laborer on the full responsibility of liquidated damages by the laborer. Article 26 The following labor contracts are invalid or partly invalid:(1) Conclude or change the labor contract in violation of the true meaning of the party by deceptive means or threats, or taking advantage of the partys precarious position;(2) Exempt the employing unit from the statutory responsibility by itself or exclude the rights of laborers; and(3) Violate the mandatory provisions of laws and administrative regulations.Where there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by the labor dispute arbitration authority or the peoples court. Article 27 Where a labor contract is partially invalid and does not affect the validity of other parts, such other parts shall still be valid. Article 28 Whe