深圳经济特区劳动合同条例

深圳经济特区劳动合同条例(英文版)(2004修正)

Regulation of Shenzhen Special Economic Zone on Labor Contract

(Adopted at the 24th meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on August 4, 1994, revised at the l6th meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on July 15,1997, amended at the 32nd meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on June 25, 2004.)

Chapter I General Provisions

Article 1 This Regulation is formulated in order to protect the lawful rights and interests of both the employees and the employing entities, standardize the employment behavior of employing entities, maintain the labor market order of Shenzhen Special Economic Zone (hereinafter referring to as Special Zone), and promote the economic development.

Article 2 A labor contract is an agreement that establishes the labor relationship between the employing entity and the employee and specifies the rights and obligations of both parties concerned.

Article 3 The employees as mentioned in this Regulation refer to those persons who are recruited by the employing entities in Special Zone, but with the exception of civil servants or those persons who are treated as civil servants.

An employing entity as mentioned in this Regulation refers to an enterprise, state organ, public institution, social group or individual business organization in Special Zone that needs to recruit employees.

Article 4 Laws and regulations shall be abided by for the conclusion of labor contracts. And the principles of equality, willingness and consensus through consultation shall be followed.

Article 5 A labor contract shall be legally binding as of its lawful conclusion, and the parties concerned shall perform it in a strict way.

Article 6 The labor administrative department of the People's Government of Shenzhen Municipality (hereinafter referred to as the labor department) shall be responsible for the implementation of this Regulation and exercise supervision.

Chapter II Conclusion and Performance of Labor Contracts

Article 7 A labor contract shall be concluded where a labor relationship is to be established. A labor contract shall be concluded in written form, with each copy to be kept by every party.

The labor department shall order an employing entity to conclude a supplementary labor contract within the time limit if the labor contract fails to be concluded within 30 days after the employing entity recruits an employee. If the employing entity refuses to do so, the labor department shall impose on it a fine of 50 yuan for each person with whom a labor contract has not been concluded. If any damage is caused to the employee due to the failure of the employing entity to conclude a labor contract, the employing entity shall be liable for compensations.

If an employing entity refuses to render labor contracts to employees, the labor department shall deal with it according to the provisions in the preceding Paragraph.