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劳动合同法英文版

劳动合同法英文版

劳动合同法英文版Employment Contract LawChapter 1 Basic provisionsArticle 1 Purpose and basisThis Contract is formulated in accordance with relevant laws and regulations, to regulate the employment relationship between employers and employees, safeguard the legitimate rights and interests of both parties, and promote harmonious labor relations.Article 2 Parties to the ContractThe Parties to this Contract are: the employer, [name and address], and the employee, [name and address].Article 3 Contract DurationThis Contract shall start from [date] and end on [date], unless otherwise renewed or terminated in accordance with the provisions of this Contract.Chapter 2 Employment TermsArticle 4 Jobs and ResponsibilitiesThe Employer hereby agrees to employ the Employee in the position of [job title] with the following responsibilities: [duties and responsibilities].Article 5 Full-time or Part-time EmploymentThe Employee is employed on a [full-time/part-time] basis, and the work hours shall be [hours per day or week].Article 6 Salary, Bonus and BenefitsThe Employer shall pay the Employee a monthly salary of [amount], and may provide the Employee withperformance-related bonuses and other benefits as agreed between the Parties.Article 7 Work LocationThe Employee shall work at [address], unless otherwise agreed between the Parties.Chapter 3 Employee Rights and ObligationsArticle 8 Employee RightsThe Employee has the following rights:(a) the right to fair and just treatment;(b) the right to occupational safety and health;(c) the right to training and professional development;(d) the right to rest and leave in accordance with the law;(e) the right to join a trade union or to bargain collectively;(f) the right to receive remuneration in accordance with relevant regulations.Article 9 Employee ObligationsThe Employee shall:(a) observe the rules and regulations of the Employer;(b) perform work duties honestly and diligently;(c) be responsible for the work completed;(d) protect the trade secrets of the Employer;(e) maintain the safety of the workplace and equipment;(f) undertake training and professional development as required.Chapter 4 Termination of the ContractArticle 10 Contract RenewalIf the Employer intends to renew the Contract, it shall notify the Employee in writing at least [number] days before the expiry date of the Contract.Article 11 Termination by AgreementThe Parties may terminate the Contract by mutual consent, upon written agreement between them.Article 12 Termination by the EmployerThe Employer may terminate the Contract under the following circumstances:(a) the Employee is found to have falsified qualifications;(b) the Employee has severely violated company rules and regulations;(c) the Employee has breached the provisions of this Contract;(d) the Employee is found to be performing poorly in his/her job duties;(e) the Employee is unable to continue his/her work duties due to sickness or other incapacity.Article 13 Termination by the EmployeeThe Employee may terminate the Contract upon written notice to the Employer, under the following circumstances:(a) the Employer fails to provide the agreed salary, benefits or working conditions;(b) the Employee is subjected to harassment or discrimination;(c) the Employee has to leave due to serious family reasons;(d) the Employer has breached the provisions of this Contract.Chapter 5 Liability for BreachArticle 14 Compensation for BreachIf either Party to this Contract breaches the terms of this Contract, he/she shall be liable for damages caused to the other Party, and shall compensate the other Party for the damages suffered.Chapter 6 Miscellaneous ProvisionsArticle 15 Applicable LawThis Contract shall be governed by the laws and regulations of the People's Republic of China.Article 16 Dispute ResolutionAny dispute arising from the execution of this Contract may be resolved through consultation between the Parties. If consultation fails, the dispute may be submitted to an arbitration commission for arbitration, in accordance with the relevant laws and regulations.Article 17 Supplementary ProvisionsAny supplement, amendment, or cancellation of this Contract shall be made in writing and signed by both Parties.Article 18 Effectiveness and EnforceabilityThis Contract shall become effective after being signed by both Parties. This Contract shall be enforceable in accordance with the law.Article 19 DuplicationThis Contract shall be made in two copies, with each Party retaining one copy.Article 20 InterpretationThis Contract shall be interpreted in accordance with its spirit and purpose. In case of any ambiguity in the provisions, the Parties shall resolve the issue through consultation.。

劳动法中英文对照版

劳动法中英文对照版

劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。

国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。

Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档,后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面,打造全网一站式需求。

中华人民共和国劳动法(英文版)

中华人民共和国劳动法(英文版)

Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSCHAPTER V. W AGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCA TIONAL TRAININGCHAPTER IX. SOCIAL INSURANCE AND WELFARECHAPTER X. LABOUR DISPUTESCHAPTER XI. SUPERVISION AND INSPECTIONCHAPTER XII. LEGAL RESPONSIBILITYCHAPTER XIII. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females fromemployment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education.CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation bythe parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out. Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:(1) to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;(3) to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations,occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays stipulated by laws and regulations.Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due tospecial reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed 36 hours.Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.Section 45. The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. (To be continued)。

劳动法中英文对照版

劳动法中英文对照版

劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。

国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。

Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5。

中华人民共和国劳动法(英文)

中华人民共和国劳动法(英文)

中华人民共和国劳动法(英文版)Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND VACATIONSCHAPTER V. WAGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERSCHAPTER VIII. VOCATIONAL TRAININGCHAPTER IX. SOCIAL INSURANCE AND WELFARECHAPTER X. LABOUR DISPUTESCHAPTER XI. SUPERVISION AND INSPECTIONCHAPTER XII. LEGAL RESPONSIBILITYCHAPTER XIII. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.Labourers shall fulfil their labour tasks , improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfil labour obligations.Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law. Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers. Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State. Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education.CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changedso that the original labour contract can no longer be carried out.Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:(1) to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;(3) to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND VACATIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week. Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays stipulated by laws and regulations.Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed 36 hours.Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays. Section 45. The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.CHAPTER V. WAGESSection 46. The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economic development. The State shall exercisemacro-regulations and control over the total wages.Section 47. The employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its production and business and economic results. Section 48. The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record.Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages. Section 49. The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner:(1) the lowest living expenses of labourers themselves and the average family members they support;(2) the average wage level of the society as a whole;(3) labour productivity;(4) the situation of employment; and(5) the different levels of economic development between regions.Section 50. Wages shall be paid monthly to labourers themselves in form of currency. The wages paid to labourers shall not be deducted or delayed without justification.Section 51. The employing unit shall pay wages to labourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with the law.CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHSection 52. The employing unit must establish and perfect the system for occupational safety and health, strictly implement the rules and standards of the State on occupational safety and health, educate labourers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards. Section 53. Facilities of occupational safety and health must meet the standards stipulated by the State.Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects.Section 54. The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and provide regular health examination for labourers engaged in work with occupational hazards.Section 55. Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.Section 56. Labourers must strictly abide by rules of safe operation in the process of their work.Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations or force labourers to run risks in operation; labourers shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health.Section 57. The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and other relevant departments of the people's governments at or above the county level and the employing unit shall, according to law, compile statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.CHAPTER VII. SPECIAL PROTECTION FOR FEMALE AND JUVENILE WORKERSSection 58. The State shall provide female workers and juvenile workers with special protection."Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet.Section 59. It is prohibited to arrange female workers to engage in work down the pit of mines, or work with Grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid.Section 60. Female workers during their menstrual period shall not be arranged to engage in work high above the ground, under low temperature, or in cold water or work with Grade III physical labour intensity as stipulated by the State.Section 61. Female workers during their pregnancy shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other work that they should avoid in pregnancy. Female workers pregnant for seven months or more shall not be arranged to extend their working hours or to work night shifts.Section 62. After childbirth, female workers shall be entitled to no less than 90 days of maternity leaves with pay. Section 63. Female workers during the period of breast-feeding their babies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts. Section 64. No juvenile workers shall be arranged to engage in work down the pit of mines, work that is poisonous or harmful, work with Grade IV physical labour intensity as stipulated by the State, or other work that they should avoid.Section 65. The employing unit shall provide regular physical examinations to juvenile workers.CHAPTER VIII. VOCATIONAL TRAININGSection 66. The State shall take various measures through various channels to expand vocational training undertakings so as to develop professional skills of labourers, improve their qualities, and raise their employment capability and work ability.Section 67. People's governments at various levels shall incorporate the development of vocational training in the plans of social and economic development, encourage and support all enterprises, institutional organizations, societies and individuals, where conditions permit, to sponsor all kinds of vocational training.Section 68. The employing unit shall establish a system for vocational training, raise and use funds for vocational training in accordance with the provisions of the State, and provide labourers with vocational training in a planned way and in the light of the actual situation of the unit.Labourers to be engaged in technical work must receive pre-job training before taking up their posts.Section 69. The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examination and verification organizations authorized by the Government are in charge of the examination and verification of the professional skills of labourers.CHAPTER IX. SOCIAL INSURANCE AND WELFARESection 70. The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child bearing.Section 71. The level of social insurance shall be in proportion to the level of social and economic development and the social affordability.Section 72. The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of insurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance and pay social insurance premiums in accordance with the law. Section 73. Labourers shall, in accordance with the law, enjoy social insurance benefits under the following circumstances:(1) retirement;(2) illness or injury;(3) disability caused by work-related injury or occupational disease;(4) unemployment; and(5) child bearing.The survivors of the insured labourers shall be entitled to subsidies for survivors in accordance with the law.The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.The social insurance amount that labourers are entitled to must be timely paid in full.Section 74. The agencies in charge of social insurance funds shall collect, expend, manage and operate the funds in accordance with the stipulations of laws, and assume the responsibility to maintain and raise the value of those funds.The supervisory organizations of social insurance funds shall exercise supervision over the revenue and expenditure, management and operation of social insurance funds in accordance with the stipulations of laws. The establishment and function of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate social insurance funds.Section 75. The State shall encourage the employing unit to up supplementary insurance for labourers according to its practical situations.The State shall advocate that labourers practise individual insurance in form of saving account.Section 76. The State shall develop social welfare undertakings, construct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collective welfare and raise welfare treatment of labourers.CHAPTER X. LABOUR DISPUTESSection 77. Where a labour dispute between the employing unit and labourers takes place, the parties concerned may apply for mediation or arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. The principle of mediation shall apply to the procedures of arbitration and lawsuit.Section 78. The settlement of a labour dispute shall follow the principle of legality, fairness and promptness to so as to safeguard in accordance with the law the legitimate rights and interests of the parties involved.Section 79. Where a labour dispute takes place, the parties involved may apply to the labour dispute mediation committee of their unit for mediation; if the mediation falls and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people's court.Section 80. A labour dispute mediation committee may be established inside the employing unit. The committee shall be composed of representatives of the staff and workers, representatives of the employing unit, and representatives of the trade union. The chairman of the committee shall be held by a representative of the trade union.Agreements reached on labour disputes through mediation shall be implemented by the parties involved. Section 81. A labour dispute arbitration committee shall be composed of representatives of the labour administrative department, representatives from the trade union at the corresponding level, and representatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Section 82. The party that requests for arbitration shall file a written application to a labour dispute arbitration committee within 60 days starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 days from the date of receiving the application. The parties involved must implement the adjudication if no objections are raised.Section 83. Where a party involved in a labour dispute is not satisfied with the adjudication, the party may bring a。

劳动法中英文对照版

劳动法中英文对照版

劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。

国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。

Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年 ...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档,后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面,打造全网一站式需求Ppt课件制作设计,word文档制作、图文设计制作、发布广告等,秉着以优质的服务对待每一位客户,做到让客户满意!感谢您下载我们文档。

《中华人民共和国劳动法》英文版

《中华人民共和国劳动法》英文版
{ 10 }
Article 4
{ 11 }
The employer shall establish and perfect rules and regulations in accordance with law and guarantee that laborers enjoy labor right and fulfill labor obligations.
{ 32 }
Laborers shall not be discriminated against in employment due to their nationality, race, sex, or religious belief.
{ 33 }
Article 13
{ 34 }
Women shall enjoy equal rights as men in employment. Sex shall not be used as a pretext for excluding women from employment during recruitment of workers unless the types of work or posts for which workers are being recruited are not suitable for women according to State regulations. Nor shall the standards of recruitment be raised when it comes to women.
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Article 7
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Laborers shall have the right to participate in and organize trade unions in accordance with law.

中华人民共和国劳动合同法英文版

中华人民共和国劳动合同法英文版

中华人民共和国劳动合同法英文版Employment Contract Law of the People's Republic of ChinaThis Employment Contract ("Contract") is made and entered into on the date ____ between the employer, _______________ (hereinafter referred to as the "Employer"), and the employee,____________ (hereinafter referred to as the "Employee").Article 1. General Information1.1 The Employer is a legal entity registered in accordance with the laws of the People's Republic of China.1.2 The Employee is a natural person with full capacity to work and enter into this Contract.Article 2. Identification of the Parties2.1 The Employer shall provide the Employee with the following information:(a) The name and address of the Employer;(b) The name and address of the department or unit to which the Employee is assigned;(c) The legal representative or principal responsible person of the Employer;(d) The business scope of the Employer;(e) The name and contact information of the Employee's supervisor.2.2 The Employee shall provide the Employer with the following information:(a) The Employee's name, gender, date of birth, ID card number or passport number and other related information;(b) The Employee's address and contact information;(c) The Employee's education level, professional qualifications or technical titles, and relevant work experience.Article 3. Employment, Rights, and Obligations3.1 The Employer agrees to employ the Employee and the Employee agrees to accept employment with the Employer.3.2 During the term of this Contract, the Employee shall have the following rights:(a) To receive payment for services rendered in accordance with the contract;(b) To receive job training, occupational health and safety protection, and other necessary conditions for the completion of the job tasks.3.3 During the term of this Contract, the Employee shall have the following obligations:(a) To carry out job tasks assigned by the Employer;(b) To abide by the Employer's rules and regulations;(c) To protect the Employer's confidential information;(d) To abide by China's related laws and regulations;(e) To maintain good working relationships with colleagues and the Employer.Article 4. Performance and Duration4.1 The Employer and the Employee shall perform in accordance with the terms of this Contract.4.2 The term of this Contract shall begin on________ and end on ________.4.3 This Contract shall be automatically renewed if both parties have not agreed to terminate or renew this Contract 30 days prior to the expiration date.Article 5. Termination5.1 This Contract may be terminated under the following circumstances:(a) The Employee has fulfilled the contract period;(b) Mutual agreement between the Employer and the Employee;(c) Termination due to the Employee's serious misconduct;(d) The Employee has become seriously ill or disabled and is unable to carry out the work tasks stated in the Contract;(e) The Employee has reached retirement age or qualifies for early retirement.5.2 Either party may terminate this Contract by giving the other party 30 days' written notice.5.3 In the event of a breach of Contract by either party, the non-breaching party may terminate the Contract and claim damages from the breaching party.Article 6. Legal Obligations6.1 This Contract shall abide by the relevant laws and regulations of the People's Republic of China.6.2 If the laws and regulations concerning this Contract change during the term of the Contract, the parties shall amend the Contract in accordance with the newly applicable laws and regulations.6.3 If any provision in this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.6.4 This Contract is executed in duplicate, with each party holding one copy.Employer:Signature: Name: Title: Date: Employee: Signature: Name: Date:。

劳动法(英文)

劳动法(英文)

Article 15 It is forbidden for employers to employ persons under the age of sixteen.
Whenever an unit in culture and arts, sports and special arts and crafts needs to employ young persons under the age of sixteen, examination and approval procedures-shall be undertaken according to relevant regulations of the State and the employees thereof should be ensured the right of receiving compulsory education.
CHAPTER TWO PROMOTION OF EMPLOYMENT
Article 10 The State shall create employment conditions and expand employment opportunities by way of promoting economic and social development.
CHAPTER FIVE WAGE
CHAPTER SIX SAFETY AND HEALTH CARE
CHAPTER SEVEN SPECIAL PROTECTION TO WOMEN WORKERS AND UNDERAGE WORKERS
CHAPTER EIGHT JOB TRAINING
Article 9 The labour administrative department of the State Council is responsible for labour work in the whole country.

劳动合同法 英文版

劳动合同法 英文版

劳动合同法英文版The Labor Contract Law(英文版)The Labor Contract Law is an important piece of legislation in China that governs the rights and obligations of employers and employees in the labor market. It was enacted in 2008 and has since played a crucial role in protecting the rights and interests of both parties.The Labor Contract Law covers various aspects of the employment relationship, including the conclusion, performance, modification, and termination of labor contracts. It aims to ensure fairness, equality, and transparency in employment practices and to establish a harmonious labor relationship.One of the key provisions of the Labor Contract Law is the requirement for a written labor contract. According to the law, both the employer and the employee are obligated to sign a written contract before or on the first day of employment. This contract should clearly specify the rights and obligations of both parties, such as the job duties, working hours, remuneration, social insurance, and leave arrangements. The written contract provides legal protection for both parties and helps prevent labor disputes.The Labor Contract Law also stipulates the minimum employment standards and working conditions. It mandates that employers shall not discriminate against employees based on factors such as gender, race, ethnicity, or disability. It also imposes limits on overtime work, stipulating that overtime should not exceed three hours per day or thirty-six hours per month.Furthermore, the law establishes rules governing the termination of labor contracts. Termination of a labor contract can be initiated by either the employer or the employee, but there are specific procedures and conditions that must be followed. For instance, the employer must provide a valid reason for termination, and the employee is entitled to receive severance pay if the termination is not due to their fault. The law also sets out provisions for wrongful termination and calls for compensation in such cases.To enhance the protection of workers' rights, the Labor Contract Law provides provisions regarding social insurance and benefits. Employers are required to contribute to their employees' social insurance, including pension, medical insurance, unemployment insurance, work injury insurance, and maternity insurance. These benefits are crucial for ensuring the well-being and security of employees and their families.The Labor Contract Law also promotes collective bargaining and employee participation in decision-making. It encourages the establishment of trade unions in enterprises and sets out rules for collective bargaining on matters such as wages, working hours, and job security. The law requires employers to consult with employees on significant matters that may affect their rights and interests.In conclusion, the Labor Contract Law in China provides a comprehensive legal framework for the employment relationship and aims to protect the rights and interests of both employers and employees. It sets out guidelines for fair employment practices, minimum working conditions, termination procedures, and social insurance benefits. By enforcing this law, employers and employees can establish a harmonious labor relationship based on mutual respect and fairness.。

中华人民共和国劳动法EN 英文版

中华人民共和国劳动法EN  英文版

【Title】Labor Law of the People's Republic of China[Revised]【法规标题】中华人民共和国劳动法[已被修订]【法宝引证码】CLI.1.9587(EN)Date issued:07-05-1994 发布日期:1994-07-05 Effective date:01-01-1995 生效日期:1995-01-01Issuing authority:Standing Committee of the National People's Congress 发布部门:全国人大常委会Area of law:Trade Unions 类别:劳动工会Document Number:发文字号:主席令[第二十八号]Chapter 1 General Provisions 第一章总则Article 1 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress. 第一条【立法目的】为了保护劳动者的合法权益,调整劳动关系,建立和维护适应社会主义市场经济的劳动制度,促进经济发展和社会进步,根据宪法,制定本法。

Article 2 This Law applies to enterprises, individually-owned economic organizations (hereinafter referred to as the employer) and labourers who form a labour relationship with them within the boundary of the Peoples Republic of China. 第二条【适用范围】在中华人民共和国境内的企业、个体经济组织(以下统称用人单位)和与之形成劳动关系的劳动者,适用本法。

2020年【常用法规】劳动法【英文】参照模板

2020年【常用法规】劳动法【英文】参照模板

Labor Law of the People's Republic of ChinaOrder of the President [1994] No.28July 5, 1994The Labor Law of the People's Republic of China, adopted at the Eight h Meeting of the Standing Committee of the Eighth National People's C ongress of the People's Republic of China on July 5, 1994, is hereby promulgated and shall come into effect as of January 1, 1995.President of the People's Republic of China: Jiang ZeminLabor Law of the People's Republic of China(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No.28 of the President of the People's Republic of China and effective a s of January 1, 1995)ContentsChapter I General ProvisionsChapter II Promotion of EmploymentChapter III Labor Contracts and Collective ContractsChapter IV Working Hours, Rest and VacationsChapter V WagesChapter VI Occupational Safety and HealthChapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational TrainingChapter IX Social Insurance and WelfareChapter X Labor DisputesChapter XI Supervision and InspectionChapter XII Legal ResponsibilityChapter XIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers,readjust labor relationships, establish and safeguard a labor system suited to the socialist market economy, and promote economic developm ent and social progress.Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within th e boundary of the People's Republic of China and laborers who form. a labor relationship therewith State organs, institutional organizatio ns and societies as well as laborers who form. a labor contract relat ionship therewith shall follow this Law.Article 3 Laborers shall have the right to be employed on an equal ba sis, choose occupations, obtain remuneration for their labor, take re st, have holidays and leaves, obtain protection of occupational safet y and health, receive training vocational skills, enjoy social insura nce and welfare, and submit applications for settlement of labor disp utes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational sk ills, follow rules on occupational safety and health, and observe lab or discipline and professional ethics.Article 4 The employing units shall establish and perfect rules and r egulations in accordance with the law so as to ensure that laborers e njoy the right to work and fulfill labor obligations.Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labor standards, regulate soc ial incomes, perfect social insurance system, coordinate labor relati onship, and gradually raise the living standard of laborers.Article 6 The State shall advocate the participation of laborers in s ocial voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and prote ct the scientific research and technical renovation engaged by labore rs, as well as their inventions and creations; and commend and award labor models and advanced workers.Article 7 Laborers shall have the right to participate in and organiz e trade unions in accordance with the law.Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct their activities in accordance with the law.Article 8 Laborers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provis ions of laws, rules and regulations, take part in democratic manageme nt or consult with the employing units on an equal footing about pr otection of the legitimate rights and interests of laborers.Article 9 The labor administrative department of the State Council sh all be in charge of the management of labor of the whole country. The labor administrative departments of the local people's government s at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdic tion.Chapter II Promotion of EmploymentArticle 10 The State shall create conditions for employment and incre ase opportunities for employment by means of the promotion of economi c and social development.The State shall encourage enterprises, institutional organizations, a nd societies to initiate industries or expand businesses for the in crease of employment within the scope of the stipulations of laws, an d administrative rules and regulations.The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Article 11 Local people's governments at various levels shall take me asures to develop various kinds of job—introduction agencies and pro vide employment services.Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, or religious belief.Article 13 Females shall enjoy equal rights as males in employment. I t shall not be allowed, in the recruitment of staff and workers, to u se as a pretext for excluding females form. employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the S tate.Article 14 Where there are special stipulations in laws, rules and re gulations on the employment of the disabled, the personnel of nationa l minorities, and demobilized army men, such special stipulations sha ll apply.Article 15 No employing units shall be allowed to recruit juveniles u nder the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 mu st go through the formalities of examination and approval according t o the relevant provisions of the State and guaratee their right to co mpulsory education.Chapter III Labour Contracts and Collective ContractsArticle 16 A labour contract is the agreement reached between a labou rer and an employing unit for the establishment of the labour relatio nship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is t o be established.Article 17 Conclusion and modification of a labour contract shall fol low the principles of equality, voluntariness and unanimity through c onsultation, and shall not run counter to the stipulations of laws, a dministrative rules and regulations.A labour contract once concluded in accordance with the law shall pos sess legal binding force. The parties involved must fulfill the oblig ations as stipulated in the labour contract.Article 18 The following labour contracts shall be invalid:labour contracts concluded in violation of laws, administrative rules and regulations; andlabour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.The invalidity of a labour contract shall confirmed by a labour dispu te arbitration committee or a people's court.Article 19 A labour contract shall be concluded in written form. and contain the followingClauses:1.term of a labour contract;2.contents of work;bour protection and working conditions;bour remuneration;bour discipline;6.conditions for the termination of a labour contract; and7.responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consu ltation by the parties involved.Article 20 The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount o f work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term ofthe labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Article 21 A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Article 22 The parties involved in a labour contract may reach an agr eement in their labour contract on matters concerning keeping he comm ercial secrets of the employing unit.Article 23 A labour contract shall terminate upon the expiration of i ts term or the emergence of the conditions for the termination of t he labour contract as agreed upon by the parties involved.Article 24 A labour contract may be revoked upon agreement reached be tween the parties involved through consultation.Article 25 The employing unit may revoke the labour contract with a l abourer in any of the following circumstances:1.to be proved not up to the requirements for recruitment during the probation period;2.to seriously violate labour disciplines or the rules and regulati ons of the employing units;3.to cause great losses to the employing unit due to serious derelict ion of duty or engagement in malpractice for selfish ends; and4.to be investigated for criminal responsibilities in accordance with the law.Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be give n to the labourer 30 days in advance:1.where a labourer is unable to take up his original work or any ne w work arranged by the employing unit after the completion of his med ical treatment for illness or injury not suffered at work;2.where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post; and3.no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective condi tions taken as the basis for the conclusion of the contract have grea tly changed so that the original labour contract can no longer be car ried out.Article 27 During the period of statutory consolidation when the empl oying unit comes to the brink of bankruptcy or runs deep into diffi culties in production and management, and if reduction of its personn el becomes really necessary, the unit may make such reduction after i t has explained the situation to the trade union or all of its staf f and workers 30 days in advance, solicited opinions from them and re ported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this A rticle, the reduced personnel shall have the priority to be re-employ ed.Article 28 The employing unit shall make economic compensations in ac cordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.Article 29 The employing unit shall not revoke its labour contract wi th a labourer in accordance with the stipulations in Article 26 and A rticle 27 of this Law in any of the following circumstances:1.to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;2.to be receiving medical treatment for diseases or injuries within the prescribed period of time;3.to be a female staff member or worker during pregnant, puerpera l, or breast-feeding period; or other circumstances stipulated by laws, administrative rules and regulations.Article 30 The trade union of an employing unit shall have the righ t to air its opinions if it regards as inappropriate the revocation o f a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer ap plies for arbitration or brings in a lawsuit, the trade union sha ll render him support and assistance in accordance with the law.Article 31 A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Article 32 A labourer may notify at any time the employing unit of hi s decision to revoke the labour contract in any of the following circ umstances:1.within the probation period;2.where the employing unit forces the labourer to work by resorting t o violence, intimidation or3.illegal restriction of personal freedom; or4.failure on the part of the employing unit to pay labour remuneratio n or to provide working conditions as agreed upon in the labour con tract.Article 33 The staff and workers of an enterprise as one party may co nclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupation al safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and worker s or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on beha lf of the staff and workers with the enterprise; in an enterprise whe re the trade union has not yet been set up, such contract shall bealso concluded by the representatives elected by the staff and worker s with the enterprise.Article 34 A collective contract shall be submitted to the labour adm inistrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Article 35 Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourer s and the enterprises shall not be lower than those as stipulated in collective contracts.Chapter IV Working Hours, Rest and VacationsArticle 36 The State shall practise a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average.Article 37 In case of labourers working on the basis of piecework, th e employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system st ipulated in Article 36 of this Law.Article 38 The employing unit shall guarantee that its staff and work ers have at least one day off in a week.Article 39 Where an enterprise can not follow the stipulations in Art icle 36 and Article 38 of this Law due to its special production natu re, it may adopt other rules on working hours and rest with the appro val of the labour administrative department.Article 40 The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:1.the New Year's Day;2.the Spring Festival;3.the International Labour Day;4.the National Day; and5.other holidays stipulated by laws, rules and regulations.Article 41 The employing unit may extend working hours due to the req uirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three ho urs a day under the condition that the health of labourers is guarant eed. However, the total extension in a month shall not exceed thirty six hours.Article 42 The extension of working hours shall not be subject to res triction of the provisions of Article 41 of this Law under any of the following circumstances:1.where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the sa fety of property of labourers;2.where prompt rush repair is needed in the event of breakdown of pro duction equipment, transportation lines or public facilities that a ffects production and public interests; and other circumstances as st ipulated by laws, administrative rules and regulations.Article 43 The employing unit shall not extend working hours of labou rers in violation of the provisions of this Law.Article 44 The employing unit shall, according to the following stand ards, pay labourers remunerations higher than those for normal workin g hours under any of the following circumstances:1.to pay no less than 150 percent of the normal wages if the extensio n of working hours is arranged;2.to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and3.to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays.Article 45 The State shall practise a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitl ed to annual vacation with pay. The concrete measures shall be formul ated by the State Council.Article 46 The distribution of wages shall follow the principle of di stribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total payroll.Article 47 The employing unit shall independently determine its form. of wage distribution and wage level for its own unit according to la w and based on the characteristics of its production and business and economic results.Article 48 The State shall implement a system of guaranteed minimum w ages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipali ties directly under the Central Government and reported to the State Council for the record.Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.Article 49 The determination and readjustment of the standards on min imum wages shall be made with reference to the following factors in a comprehensive manner:1.the lowest living expenses of labourers themselves and the average family members they support;2. the average wage level of the society as a whole;3. labour productivity;4. the situation of employment; and5. the different levels of economic development between regions.Article 50 Wages shall be paid monthly to labourers themselves in for m. of currency. The wages paid to labourers shall not be deducted o r delayed without justification.Article 51 The employing unit shall pay wages according to law to lab ourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in a ccordance with the law.Chapter VI Occupational Safety and HealthArticle 52 The employing unit must establish and perfect the system f or occupational safety and health, strictly implement the rules and s tandards of the State on occupational safety and health, educate labo urers on occupational safety and health, prevent accidents in the pro cess of work, and reduce occupational hazards.Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.Facilities of occupational safety and health installed in new project s and projects to be rebuilt or expanded must be designed, construc ted and put into operation and use at the same time as the main proje cts.Article 54 The employing unit must provide labourers with occupationa l safety and health conditions conforming to the provisions of the St ate and necessary articles of labour protection, and providing regula r health examination for labourers engaged in work with occupational hazards.Article 55 Labourers to be engaged in specialized operations must rec eive specialized training and acquire qualifications for such special operations.Article 56 Labourers must strictly abide by rules of safe operation i n the process of their work.Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation o f rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charge s against the acts endangering the safety of their life and health.Article 57 The State shall establish a system for the statistics, rep orts and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and o ther relevant departments of the people's governments at or above t he county level and the employing unit shall, according to law, compi le statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.Chapter VII Special Protection For Female and Juvenile WorkersArticle 58 The State shall provide female workers and juvenile worker s with special protection."Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet.Article 59 It is prohibited to arrange female workers to engage in wo rk down the pit of mines, or work with Grade IV physical labour int ensity as stipulated by the State, or other work that female worker s should avoid.Article 60 Female workers during their menstrual periods shall not be arranged to engaged in work high above the ground, under low tempera ture, or in cold water or work with Grade III physical labour int ensity as stipulated by the State.Article 61 Female workers during their pregnancy shall not be arrange d to engage in work with Grade III physical labour intensity as stipu lated by the State or other work that they should avoid in pregnanc y. Female workers pregnant for seven months or more shall not be ar ranged to extend their working hours or to work night shifts.Article 62 After childbirth, female workers shall be entitled to no l ess than ninety days of maternity leaves with pay.Article 63 Female workers during the period of breast-feeding their b abies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour that they should avoid during their breast-feedin g period, or to extend their working hours or to work night shift s.Article 64 No juvenile workers shall be arranged to engage in work do wn the pit of mines, work that is poisonous or harmful, work with G rade IV physical labour intensity as stipulated by the State, or ot her work that they should avoid.Article 65 The employing unit shall provide regular physical examinat ions to juvenile workers.Chapter VIII Vocational TrainingArticle 66 The State shall take various measures through various chan nels to expand vocational training undertakings so as to develop prof essional skills of labourers, improve their qualities, and raise thei r employment capability and work ability.Article 67 People's governments at various levels shall incorporate t he development of vocational training in the plans of social and econ omic development, encourage and support all enterprises, institutiona l organizations. Societies and individuals, where conditions permit, to sponsor all kinds of vocational training.Article 68 The employing unit shall establish a system for vocational training, raise and use funds for vocational training in accordancewith the provisions of the State, and provide labourers with vocation al training in a planned way and in the light of the actual situation of the unit.Labourers to be engaged in technical work must receive pre-job traini ng before taking up their posts.Article 69 The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examinati on and verification organizations authorized by the government are in charge of the examination and verification of the professional skill s of labourers.Chapter IX Social Insurance and WelfareArticle 70 The State shall develop social insurance undertakings, est ablish a social insurance system, and set up social insurance funds s o that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child-bearing.Article 71 The level of social insurance shall be in proportion to th e level of social and economic development and the social affordabili ty.Article 72 The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of i nsurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance an d pay social insurance premiums in accordance with the law.Article 73 Labourers shall, in accordance with the law, enjoy social insurance benefits under the following circumstances:1.retirement;2.illness or injury;3.disability caused by work-related injury or occupational disease;4.unemployment; and5.child-bearing.The survivors of the insured labourers shall be entitled to subsidies for survivors in accordance with the law.The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.The social insurance amount that labourers are entitled to, must be t imely paid in full.Article 74 The agencies in charge of social insurance funds shall col lect, expend, manage and operate the funds in accordance with the sti pulations of laws, and assume the responsibility to maintain and rais e the value of these funds.The supervisory organizations of social insurance funds shall exercis e supervision over the revenue and expenditure, management and operat ion of social insurance funds in accordance with the stipulations of laws.The establishment and function of the agencies in charge of social in surance funds and the supervisory organizations of social insurance f unds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate so cial insurance funds.Article 75 The State shall encourage the employing unit to set up sup plementary insurance for labourers according to its practical situati ons.The State shall advocate that labourers practise individual insurance in form. of saving account.Article 76 The State shall develop social welfare undertakings, const ruct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collectiv e welfare and raise welfare treatment of labourers.Chapter X Labour DisputesArticle 77 Where a labour dispute between the employing unit and labo urers takes place, the parties concerned may apply for mediation o r arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. The principle of mediati on shall apply to the procedures of arbitration and lawsuit.Article 78 The settlement of a labour dispute shall follow the princi ple of legality, fairness and promptness so as to safeguard in accord ance with the law the legitimate rights and interests of the parties involved.Article 79 Where a labour dispute takes place, the parties involved m ay apply to the labour dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. Either party may also directly apply to th e labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the p arty may bring the case to a people's court.Article 80 A labour dispute mediation committee may be established in side the employing unit. The committee shall be composed of represent atives of the staff and workers, representatives of the employing uni t, and representatives of the trade union. The chairman of the commit tee shall be held a representative of the trade union.Agreements reached on labour disputes through mediation shall be impl emented by the parties involved.Article 81 A labour dispute arbitration committee shall be composed o f representatives of the labour administrative department, representa tives from the trade union at the corresponding level, and represen tatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Article 82 The party that requests for arbitration shall file a writt en application to a labour dispute arbitration committee within 60 da ys starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 da。

劳动合同法 官方英文版

劳动合同法 官方英文版

劳动合同法官方英文版The Labor Contract Law of the People's Republic of China is a comprehensive piece of legislation that governs the employment relationship between employers and employees in the country. Enacted in 2007 and implemented in 2008, the law aims to protect the lawful rights and interests of both parties, promote harmonious and stable labor relations, and facilitate the development of a socialist market economy.The law covers a wide range of topics, including the formation, modification, and termination of labor contracts, the rights and obligations of employers and employees, the management of labor dispatch, the resolution of labor disputes, and the legal liabilities for violations. It applies to all types of enterprises, public institutions, and other organizations within the territory of China, as well as to individual domestic and foreign employers.One of the key features of the Labor Contract Law is its emphasis on the written labor contract. The law mandates that employers must conclude a written labor contract with their employees within one month of the commencement of the employment relationship. The contract must specify the job description, work location, workinghours, rest and vacation, labor compensation, social insurance, and other essential terms and conditions of employment.The law also provides for the protection of certain vulnerable groups, such as female employees, underage workers, and employees with disabilities. For example, it prohibits employers from terminating the labor contracts of pregnant, postpartum, or breastfeeding female employees, except in certain limited circumstances. It also requires employers to provide special protection and accommodations for underage workers and employees with disabilities.Another important aspect of the Labor Contract Law is its provisions regarding labor dispatch. The law imposes strict requirements on the use of labor dispatch, including the types of positions that can be filled through dispatch, the maximum duration of dispatch assignments, and the obligations of both the dispatch agency and the user enterprise. These regulations aim to prevent the abuse of labor dispatch and ensure that dispatched workers enjoy the same rights and benefits as regular employees.The law also establishes a comprehensive system for the resolution of labor disputes. It encourages the parties to first attempt to resolve disputes through negotiation or mediation, and provides for the establishment of labor dispute arbitration committees and the right to appeal to the people's courts. The law also specifies the legalliabilities for employers who violate the law, including the payment of compensation, fines, and even criminal penalties in serious cases.Overall, the Labor Contract Law of the People's Republic of China represents a significant step forward in the protection of workers' rights and the promotion of harmonious labor relations. By establishing clear and comprehensive rules governing the employment relationship, the law has helped to address longstanding issues such as the lack of written contracts, the abuse of labor dispatch, and the unequal treatment of certain groups of workers. However, the effective implementation and enforcement of the law remains an ongoing challenge, and continued efforts are needed to ensure that the law's objectives are fully realized.。

劳动合同法官方英文版

劳动合同法官方英文版

劳动合同法官方英文版The Labor Contract Law of the People's Republic of China is a comprehensive legal framework that regulates the employment relationship between employers and employees in China. The law was first enacted in 2007 and has since undergone several revisions to keep pace with the evolving labor market and changing economic conditions. One of the key aspects of the Labor Contract Law is the availability of an official English version which aims to provide a clear and accessible understanding of the law's provisions for foreign businesses and individuals operating in China.The primary purpose of the Labor Contract Law is to protect the lawful rights and interests of both employers and employees. The law establishes a set of rules and regulations governing the formation, performance, modification, and termination of labor contracts, as well as the rights and obligations of the parties involved. By providing a legal framework for employment relationships, the law seeks to promote social stability, harmonious labor relations, and sustainable economic development.One of the most significant features of the Labor Contract Law is its emphasis on the written labor contract. The law mandates that employers must enter into a written labor contract with their employees, which serves as the foundation of the employment relationship. The contract must include essential elements such as the job description, work location, working hours, remuneration, and the term of the contract. This requirement ensures that the terms and conditions of employment are clearly defined and understood by both parties, thereby reducing the potential for disputes and misunderstandings.The Labor Contract Law also addresses the issue of probationary periods, which are commonly used by employers to evaluate the suitability of new hires. The law sets limits on the duration of probationary periods, depending on the type of contract and the employee's position. Employers are prohibited from extending probationary periods or using them as a means to avoid providing employees with the full range of rights and benefits.Another important aspect of the Labor Contract Law is its provisions regarding the termination of employment. The law outlines the circumstances under which an employer can terminate an employee, such as serious misconduct, poor performance, or the restructuring of the business. Employees also have the right to terminate their employment contracts under certain conditions, such as theemployer's failure to pay wages or provide a safe working environment. The law also requires employers to provide reasonable notice and severance pay in the event of a termination.The Labor Contract Law also addresses the issue of labor dispatch, which is a common practice in China where employers use temporary or agency workers to meet their staffing needs. The law imposes restrictions on the use of labor dispatch, limiting the types of positions that can be filled through this arrangement and requiring employers to provide equal pay and benefits to dispatched workers.One of the key benefits of the official English version of the Labor Contract Law is its accessibility to foreign businesses and individuals. The English version provides a clear and comprehensive translation of the law's provisions, making it easier for non-Chinese speakers to understand and comply with the legal requirements. This is particularly important for foreign companies operating in China, as they must navigate the complex legal landscape and ensure that their employment practices are in line with the country's labor laws.Moreover, the availability of the English version of the Labor Contract Law can also be beneficial for Chinese employees who are working for foreign companies. By providing a clear and accessible understanding of their rights and obligations under the law, employees can better advocate for their interests and ensure thattheir employers are adhering to the legal requirements.It is important to note that while the English version of the Labor Contract Law is an official translation, it is not legally binding. The Chinese version of the law remains the authoritative text, and in the event of any discrepancies or disputes, the Chinese version would take precedence. Nonetheless, the English version serves as a valuable resource for foreign businesses and individuals, providing them with a better understanding of the legal framework governing employment relationships in China.In conclusion, the official English version of the Labor Contract Law is a valuable resource for foreign businesses and individuals operating in China. By providing a clear and comprehensive translation of the law's provisions, the English version helps to promote a better understanding of the legal requirements and facilitates compliance with the country's labor laws. As China continues to evolve and adapt its labor market policies, the availability of the English version of the Labor Contract Law will become increasingly important in ensuring a harmonious and productive employment relationship between employers and employees.。

劳动合同法 英文版

劳动合同法 英文版

劳动合同法英文版The Labor Contract Law is a crucial legislation in China that governs the establishment, implementation, and termination of labor contracts between employers and employees. Although it is originally written in Chinese, here is the English translation of the Labor Contract Law:Labor Contract Law of the People's Republic of China.Chapter I General Provisions.Chapter II Conclusion of Labor Contracts.Chapter III Performance and Change of Labor Contracts.Chapter IV Special Provisions for Non-fixed-term Labor Contracts.Chapter V Termination of Labor Contracts.Chapter VI Collective Contracts.Chapter VII Supplementary Provisions.Please note that this translation is for reference purposes only. In case of any discrepancies or legal matters, the original Chinese version of the Labor Contract Law should be consulted.It is important to understand that labor laws and regulations may vary from country to country. If you have specific questions or concerns regarding labor contracts in a particular jurisdiction, it is advisable to seek legal advice or consult the relevant legislation in that jurisdiction.Please let me know if there is anything else I can assist you with.。

劳动合同法英文版

劳动合同法英文版

劳动合同法英文版Labor Contract Law: Protecting the Rights of Workers。

The labor contract law is an essential piece of legislation that aims to protect the rights and interests of workers. It sets out the rights and obligations of both employers and employees, ensuring fair and just treatment in the workplace.One of the key provisions of the labor contract law is the requirement for written contracts. This ensures that the terms and conditions of employment are clearly defined and agreed upon by both parties. It also helps to prevent disputes and misunderstandings in the future.The law also stipulates the minimum standards for working conditions, including working hours, rest periods, and annual leave. This is crucial in ensuring that workers are not exploited and are able to maintain a healthy work-life balance.In addition, the labor contract law provides protections for workers in the event of termination or dismissal. It sets out the procedures that employers must follow when terminating an employee, and also provides for severance pay in certain circumstances. This helps to safeguard workers against arbitrary dismissal and provides them with some financial security during the transition period.Furthermore, the law prohibits discrimination in the workplace based on factors such as gender, race, religion, or disability. This is crucial in promoting a fair and inclusive work environment where all employees are treated with dignity and respect.Overall, the labor contract law plays a crucial role in upholding the rights of workers and ensuring that they are treated fairly and justly in the workplace. It provides a legal framework that helps to prevent exploitation and discrimination, and promotes a harmonious and productive working environment for all. It is important for both employers and employees to be aware of their rights and obligations under this law, and to ensure compliance in order to create a positive and equitable workplace for all.。

【常用法规】劳动法【英文】

【常用法规】劳动法【英文】

Labor Law of the People's Republic of ChinaOrder of the President [1994] No.28July 5, 1994The Labor Law of the People's Republic of China, adopted at the Eight h Meeting of the Standing Committee of the Eighth National People's C ongress of the People's Republic of China on July 5, 1994, is hereby promulgated and shall come into effect as of January 1, 1995.President of the People's Republic of China: Jiang ZeminLabor Law of the People's Republic of China(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No.28 of the President of the People's Republic of China and effective a s of January 1, 1995)ContentsChapter I General ProvisionsChapter II Promotion of EmploymentChapter III Labor Contracts and Collective ContractsChapter IV Working Hours, Rest and VacationsChapter V WagesChapter VI Occupational Safety and HealthChapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational TrainingChapter IX Social Insurance and WelfareChapter X Labor DisputesChapter XI Supervision and InspectionChapter XII Legal ResponsibilityChapter XIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers,readjust labor relationships, establish and safeguard a labor system suited to the socialist market economy, and promote economic developm ent and social progress.Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within th e boundary of the People's Republic of China and laborers who form. a labor relationship therewith State organs, institutional organizatio ns and societies as well as laborers who form. a labor contract relat ionship therewith shall follow this Law.Article 3 Laborers shall have the right to be employed on an equal ba sis, choose occupations, obtain remuneration for their labor, take re st, have holidays and leaves, obtain protection of occupational safet y and health, receive training vocational skills, enjoy social insura nce and welfare, and submit applications for settlement of labor disp utes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational sk ills, follow rules on occupational safety and health, and observe lab or discipline and professional ethics.Article 4 The employing units shall establish and perfect rules and r egulations in accordance with the law so as to ensure that laborers e njoy the right to work and fulfill labor obligations.Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labor standards, regulate soc ial incomes, perfect social insurance system, coordinate labor relati onship, and gradually raise the living standard of laborers.Article 6 The State shall advocate the participation of laborers in s ocial voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and prote ct the scientific research and technical renovation engaged by labore rs, as well as their inventions and creations; and commend and award labor models and advanced workers.Article 7 Laborers shall have the right to participate in and organiz e trade unions in accordance with the law.Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct their activities in accordance with the law.Article 8 Laborers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provis ions of laws, rules and regulations, take part in democratic manageme nt or consult with the employing units on an equal footing about pr otection of the legitimate rights and interests of laborers.Article 9 The labor administrative department of the State Council sh all be in charge of the management of labor of the whole country. The labor administrative departments of the local people's government s at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdic tion.Chapter II Promotion of EmploymentArticle 10 The State shall create conditions for employment and incre ase opportunities for employment by means of the promotion of economi c and social development.The State shall encourage enterprises, institutional organizations, a nd societies to initiate industries or expand businesses for the in crease of employment within the scope of the stipulations of laws, an d administrative rules and regulations.The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Article 11 Local people's governments at various levels shall take me asures to develop various kinds of job—introduction agencies and pro vide employment services.Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, or religious belief.Article 13 Females shall enjoy equal rights as males in employment. I t shall not be allowed, in the recruitment of staff and workers, to u se as a pretext for excluding females form. employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the S tate.Article 14 Where there are special stipulations in laws, rules and re gulations on the employment of the disabled, the personnel of nationa l minorities, and demobilized army men, such special stipulations sha ll apply.Article 15 No employing units shall be allowed to recruit juveniles u nder the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 mu st go through the formalities of examination and approval according t o the relevant provisions of the State and guaratee their right to co mpulsory education.Chapter III Labour Contracts and Collective ContractsArticle 16 A labour contract is the agreement reached between a labou rer and an employing unit for the establishment of the labour relatio nship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is t o be established.Article 17 Conclusion and modification of a labour contract shall fol low the principles of equality, voluntariness and unanimity through c onsultation, and shall not run counter to the stipulations of laws, a dministrative rules and regulations.A labour contract once concluded in accordance with the law shall pos sess legal binding force. The parties involved must fulfill the oblig ations as stipulated in the labour contract.Article 18 The following labour contracts shall be invalid:labour contracts concluded in violation of laws, administrative rules and regulations; andlabour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.The invalidity of a labour contract shall confirmed by a labour dispu te arbitration committee or a people's court.Article 19 A labour contract shall be concluded in written form. and contain the followingClauses:1.term of a labour contract;2.contents of work;bour protection and working conditions;bour remuneration;bour discipline;6.conditions for the termination of a labour contract; and7.responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consu ltation by the parties involved.Article 20 The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount o f work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term ofthe labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Article 21 A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Article 22 The parties involved in a labour contract may reach an agr eement in their labour contract on matters concerning keeping he comm ercial secrets of the employing unit.Article 23 A labour contract shall terminate upon the expiration of i ts term or the emergence of the conditions for the termination of t he labour contract as agreed upon by the parties involved.Article 24 A labour contract may be revoked upon agreement reached be tween the parties involved through consultation.Article 25 The employing unit may revoke the labour contract with a l abourer in any of the following circumstances:1.to be proved not up to the requirements for recruitment during the probation period;2.to seriously violate labour disciplines or the rules and regulati ons of the employing units;3.to cause great losses to the employing unit due to serious derelict ion of duty or engagement in malpractice for selfish ends; and4.to be investigated for criminal responsibilities in accordance with the law.Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be give n to the labourer 30 days in advance:1.where a labourer is unable to take up his original work or any ne w work arranged by the employing unit after the completion of his med ical treatment for illness or injury not suffered at work;2.where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post; and3.no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective condi tions taken as the basis for the conclusion of the contract have grea tly changed so that the original labour contract can no longer be car ried out.Article 27 During the period of statutory consolidation when the empl oying unit comes to the brink of bankruptcy or runs deep into diffi culties in production and management, and if reduction of its personn el becomes really necessary, the unit may make such reduction after i t has explained the situation to the trade union or all of its staf f and workers 30 days in advance, solicited opinions from them and re ported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this A rticle, the reduced personnel shall have the priority to be re-employ ed.Article 28 The employing unit shall make economic compensations in ac cordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.Article 29 The employing unit shall not revoke its labour contract wi th a labourer in accordance with the stipulations in Article 26 and A rticle 27 of this Law in any of the following circumstances:1.to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;2.to be receiving medical treatment for diseases or injuries within the prescribed period of time;3.to be a female staff member or worker during pregnant, puerpera l, or breast-feeding period; or other circumstances stipulated by laws, administrative rules and regulations.Article 30 The trade union of an employing unit shall have the righ t to air its opinions if it regards as inappropriate the revocation o f a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer ap plies for arbitration or brings in a lawsuit, the trade union sha ll render him support and assistance in accordance with the law.Article 31 A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Article 32 A labourer may notify at any time the employing unit of hi s decision to revoke the labour contract in any of the following circ umstances:1.within the probation period;2.where the employing unit forces the labourer to work by resorting t o violence, intimidation or3.illegal restriction of personal freedom; or4.failure on the part of the employing unit to pay labour remuneratio n or to provide working conditions as agreed upon in the labour con tract.Article 33 The staff and workers of an enterprise as one party may co nclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupation al safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and worker s or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on beha lf of the staff and workers with the enterprise; in an enterprise whe re the trade union has not yet been set up, such contract shall bealso concluded by the representatives elected by the staff and worker s with the enterprise.Article 34 A collective contract shall be submitted to the labour adm inistrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Article 35 Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourer s and the enterprises shall not be lower than those as stipulated in collective contracts.Chapter IV Working Hours, Rest and VacationsArticle 36 The State shall practise a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average.Article 37 In case of labourers working on the basis of piecework, th e employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system st ipulated in Article 36 of this Law.Article 38 The employing unit shall guarantee that its staff and work ers have at least one day off in a week.Article 39 Where an enterprise can not follow the stipulations in Art icle 36 and Article 38 of this Law due to its special production natu re, it may adopt other rules on working hours and rest with the appro val of the labour administrative department.Article 40 The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:1.the New Year's Day;2.the Spring Festival;3.the International Labour Day;4.the National Day; and5.other holidays stipulated by laws, rules and regulations.Article 41 The employing unit may extend working hours due to the req uirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three ho urs a day under the condition that the health of labourers is guarant eed. However, the total extension in a month shall not exceed thirty six hours.Article 42 The extension of working hours shall not be subject to res triction of the provisions of Article 41 of this Law under any of the following circumstances:1.where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the sa fety of property of labourers;2.where prompt rush repair is needed in the event of breakdown of pro duction equipment, transportation lines or public facilities that a ffects production and public interests; and other circumstances as st ipulated by laws, administrative rules and regulations.Article 43 The employing unit shall not extend working hours of labou rers in violation of the provisions of this Law.Article 44 The employing unit shall, according to the following stand ards, pay labourers remunerations higher than those for normal workin g hours under any of the following circumstances:1.to pay no less than 150 percent of the normal wages if the extensio n of working hours is arranged;2.to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and3.to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays.Article 45 The State shall practise a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitl ed to annual vacation with pay. The concrete measures shall be formul ated by the State Council.Article 46 The distribution of wages shall follow the principle of di stribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total payroll.Article 47 The employing unit shall independently determine its form. of wage distribution and wage level for its own unit according to la w and based on the characteristics of its production and business and economic results.Article 48 The State shall implement a system of guaranteed minimum w ages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipali ties directly under the Central Government and reported to the State Council for the record.Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.Article 49 The determination and readjustment of the standards on min imum wages shall be made with reference to the following factors in a comprehensive manner:1.the lowest living expenses of labourers themselves and the average family members they support;2. the average wage level of the society as a whole;3. labour productivity;4. the situation of employment; and5. the different levels of economic development between regions.Article 50 Wages shall be paid monthly to labourers themselves in for m. of currency. The wages paid to labourers shall not be deducted o r delayed without justification.Article 51 The employing unit shall pay wages according to law to lab ourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in a ccordance with the law.Chapter VI Occupational Safety and HealthArticle 52 The employing unit must establish and perfect the system f or occupational safety and health, strictly implement the rules and s tandards of the State on occupational safety and health, educate labo urers on occupational safety and health, prevent accidents in the pro cess of work, and reduce occupational hazards.Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.Facilities of occupational safety and health installed in new project s and projects to be rebuilt or expanded must be designed, construc ted and put into operation and use at the same time as the main proje cts.Article 54 The employing unit must provide labourers with occupationa l safety and health conditions conforming to the provisions of the St ate and necessary articles of labour protection, and providing regula r health examination for labourers engaged in work with occupational hazards.Article 55 Labourers to be engaged in specialized operations must rec eive specialized training and acquire qualifications for such special operations.Article 56 Labourers must strictly abide by rules of safe operation i n the process of their work.Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation o f rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charge s against the acts endangering the safety of their life and health.Article 57 The State shall establish a system for the statistics, rep orts and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and o ther relevant departments of the people's governments at or above t he county level and the employing unit shall, according to law, compi le statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.Chapter VII Special Protection For Female and Juvenile WorkersArticle 58 The State shall provide female workers and juvenile worker s with special protection."Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet.Article 59 It is prohibited to arrange female workers to engage in wo rk down the pit of mines, or work with Grade IV physical labour int ensity as stipulated by the State, or other work that female worker s should avoid.Article 60 Female workers during their menstrual periods shall not be arranged to engaged in work high above the ground, under low tempera ture, or in cold water or work with Grade III physical labour int ensity as stipulated by the State.Article 61 Female workers during their pregnancy shall not be arrange d to engage in work with Grade III physical labour intensity as stipu lated by the State or other work that they should avoid in pregnanc y. Female workers pregnant for seven months or more shall not be ar ranged to extend their working hours or to work night shifts.Article 62 After childbirth, female workers shall be entitled to no l ess than ninety days of maternity leaves with pay.Article 63 Female workers during the period of breast-feeding their b abies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour that they should avoid during their breast-feedin g period, or to extend their working hours or to work night shift s.Article 64 No juvenile workers shall be arranged to engage in work do wn the pit of mines, work that is poisonous or harmful, work with G rade IV physical labour intensity as stipulated by the State, or ot her work that they should avoid.Article 65 The employing unit shall provide regular physical examinat ions to juvenile workers.Chapter VIII Vocational TrainingArticle 66 The State shall take various measures through various chan nels to expand vocational training undertakings so as to develop prof essional skills of labourers, improve their qualities, and raise thei r employment capability and work ability.Article 67 People's governments at various levels shall incorporate t he development of vocational training in the plans of social and econ omic development, encourage and support all enterprises, institutiona l organizations. Societies and individuals, where conditions permit, to sponsor all kinds of vocational training.Article 68 The employing unit shall establish a system for vocational training, raise and use funds for vocational training in accordancewith the provisions of the State, and provide labourers with vocation al training in a planned way and in the light of the actual situation of the unit.Labourers to be engaged in technical work must receive pre-job traini ng before taking up their posts.Article 69 The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examinati on and verification organizations authorized by the government are in charge of the examination and verification of the professional skill s of labourers.Chapter IX Social Insurance and WelfareArticle 70 The State shall develop social insurance undertakings, est ablish a social insurance system, and set up social insurance funds s o that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child-bearing.Article 71 The level of social insurance shall be in proportion to th e level of social and economic development and the social affordabili ty.Article 72 The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of i nsurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance an d pay social insurance premiums in accordance with the law.Article 73 Labourers shall, in accordance with the law, enjoy social insurance benefits under the following circumstances:1.retirement;2.illness or injury;3.disability caused by work-related injury or occupational disease;4.unemployment; and5.child-bearing.The survivors of the insured labourers shall be entitled to subsidies for survivors in accordance with the law.The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.The social insurance amount that labourers are entitled to, must be t imely paid in full.Article 74 The agencies in charge of social insurance funds shall col lect, expend, manage and operate the funds in accordance with the sti pulations of laws, and assume the responsibility to maintain and rais e the value of these funds.The supervisory organizations of social insurance funds shall exercis e supervision over the revenue and expenditure, management and operat ion of social insurance funds in accordance with the stipulations of laws.The establishment and function of the agencies in charge of social in surance funds and the supervisory organizations of social insurance f unds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate so cial insurance funds.Article 75 The State shall encourage the employing unit to set up sup plementary insurance for labourers according to its practical situati ons.The State shall advocate that labourers practise individual insurance in form. of saving account.Article 76 The State shall develop social welfare undertakings, const ruct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collectiv e welfare and raise welfare treatment of labourers.Chapter X Labour DisputesArticle 77 Where a labour dispute between the employing unit and labo urers takes place, the parties concerned may apply for mediation o r arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. The principle of mediati on shall apply to the procedures of arbitration and lawsuit.Article 78 The settlement of a labour dispute shall follow the princi ple of legality, fairness and promptness so as to safeguard in accord ance with the law the legitimate rights and interests of the parties involved.Article 79 Where a labour dispute takes place, the parties involved m ay apply to the labour dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. Either party may also directly apply to th e labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the p arty may bring the case to a people's court.Article 80 A labour dispute mediation committee may be established in side the employing unit. The committee shall be composed of represent atives of the staff and workers, representatives of the employing uni t, and representatives of the trade union. The chairman of the commit tee shall be held a representative of the trade union.Agreements reached on labour disputes through mediation shall be impl emented by the parties involved.Article 81 A labour dispute arbitration committee shall be composed o f representatives of the labour administrative department, representa tives from the trade union at the corresponding level, and represen tatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Article 82 The party that requests for arbitration shall file a writt en application to a labour dispute arbitration committee within 60 da ys starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 da。

【常用法规】劳动法【英文】.doc

【常用法规】劳动法【英文】.doc

Labor Law of the People's Republic of ChinaOrder of the President [1994] No.28July 5, 1994The Labor Law of the People's Republic of China, adopted at the Eight h Meeting of the Standing Committee of the Eighth National People's C ongress of the People's Republic of China on July 5, 1994, is hereby promulgated and shall come into effect as of January 1, 1995.President of the People's Republic of China: Jiang ZeminLabor Law of the People's Republic of China(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No.28 of the President of the People's Republic of China and effective a s of January 1, 1995)ContentsChapter I General ProvisionsChapter II Promotion of EmploymentChapter III Labor Contracts and Collective ContractsChapter IV Working Hours, Rest and VacationsChapter V WagesChapter VI Occupational Safety and HealthChapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational TrainingChapter IX Social Insurance and WelfareChapter X Labor DisputesChapter XI Supervision and InspectionChapter XII Legal ResponsibilityChapter XIII Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers,readjust labor relationships, establish and safeguard a labor system suited to the socialist market economy, and promote economic developm ent and social progress.Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within th e boundary of the People's Republic of China and laborers who form. a labor relationship therewith State organs, institutional organizatio ns and societies as well as laborers who form. a labor contract relat ionship therewith shall follow this Law.Article 3 Laborers shall have the right to be employed on an equal ba sis, choose occupations, obtain remuneration for their labor, take re st, have holidays and leaves, obtain protection of occupational safet y and health, receive training vocational skills, enjoy social insura nce and welfare, and submit applications for settlement of labor disp utes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational sk ills, follow rules on occupational safety and health, and observe lab or discipline and professional ethics.Article 4 The employing units shall establish and perfect rules and r egulations in accordance with the law so as to ensure that laborers e njoy the right to work and fulfill labor obligations.Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labor standards, regulate soc ial incomes, perfect social insurance system, coordinate labor relati onship, and gradually raise the living standard of laborers.Article 6 The State shall advocate the participation of laborers in s ocial voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and prote ct the scientific research and technical renovation engaged by labore rs, as well as their inventions and creations; and commend and award labor models and advanced workers.Article 7 Laborers shall have the right to participate in and organiz e trade unions in accordance with the law.Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct their activities in accordance with the law.Article 8 Laborers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provis ions of laws, rules and regulations, take part in democratic manageme nt or consult with the employing units on an equal footing about pr otection of the legitimate rights and interests of laborers.Article 9 The labor administrative department of the State Council sh all be in charge of the management of labor of the whole country. The labor administrative departments of the local people's government s at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdic tion.Chapter II Promotion of EmploymentArticle 10 The State shall create conditions for employment and incre ase opportunities for employment by means of the promotion of economi c and social development.The State shall encourage enterprises, institutional organizations, a nd societies to initiate industries or expand businesses for the in crease of employment within the scope of the stipulations of laws, an d administrative rules and regulations.The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Article 11 Local people's governments at various levels shall take me asures to develop various kinds of job—introduction agencies and pro vide employment services.Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, or religious belief.Article 13 Females shall enjoy equal rights as males in employment. I t shall not be allowed, in the recruitment of staff and workers, to u se as a pretext for excluding females form. employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the S tate.Article 14 Where there are special stipulations in laws, rules and re gulations on the employment of the disabled, the personnel of nationa l minorities, and demobilized army men, such special stipulations sha ll apply.Article 15 No employing units shall be allowed to recruit juveniles u nder the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 mu st go through the formalities of examination and approval according t o the relevant provisions of the State and guaratee their right to co mpulsory education.Chapter III Labour Contracts and Collective ContractsArticle 16 A labour contract is the agreement reached between a labou rer and an employing unit for the establishment of the labour relatio nship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is t o be established.Article 17 Conclusion and modification of a labour contract shall fol low the principles of equality, voluntariness and unanimity through c onsultation, and shall not run counter to the stipulations of laws, a dministrative rules and regulations.A labour contract once concluded in accordance with the law shall pos sess legal binding force. The parties involved must fulfill the oblig ations as stipulated in the labour contract.Article 18 The following labour contracts shall be invalid:labour contracts concluded in violation of laws, administrative rules and regulations; andlabour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.The invalidity of a labour contract shall confirmed by a labour dispu te arbitration committee or a people's court.Article 19 A labour contract shall be concluded in written form. and contain the followingClauses:1.term of a labour contract;2.contents of work;bour protection and working conditions;bour remuneration;bour discipline;6.conditions for the termination of a labour contract; and7.responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consu ltation by the parties involved.Article 20 The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount o f work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term ofthe labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Article 21 A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Article 22 The parties involved in a labour contract may reach an agr eement in their labour contract on matters concerning keeping he comm ercial secrets of the employing unit.Article 23 A labour contract shall terminate upon the expiration of i ts term or the emergence of the conditions for the termination of t he labour contract as agreed upon by the parties involved.Article 24 A labour contract may be revoked upon agreement reached be tween the parties involved through consultation.Article 25 The employing unit may revoke the labour contract with a l abourer in any of the following circumstances:1.to be proved not up to the requirements for recruitment during the probation period;2.to seriously violate labour disciplines or the rules and regulati ons of the employing units;3.to cause great losses to the employing unit due to serious derelict ion of duty or engagement in malpractice for selfish ends; and4.to be investigated for criminal responsibilities in accordance with the law.Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be give n to the labourer 30 days in advance:1.where a labourer is unable to take up his original work or any ne w work arranged by the employing unit after the completion of his med ical treatment for illness or injury not suffered at work;2.where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post; and3.no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective condi tions taken as the basis for the conclusion of the contract have grea tly changed so that the original labour contract can no longer be car ried out.Article 27 During the period of statutory consolidation when the empl oying unit comes to the brink of bankruptcy or runs deep into diffi culties in production and management, and if reduction of its personn el becomes really necessary, the unit may make such reduction after i t has explained the situation to the trade union or all of its staf f and workers 30 days in advance, solicited opinions from them and re ported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this A rticle, the reduced personnel shall have the priority to be re-employ ed.Article 28 The employing unit shall make economic compensations in ac cordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.Article 29 The employing unit shall not revoke its labour contract wi th a labourer in accordance with the stipulations in Article 26 and A rticle 27 of this Law in any of the following circumstances:1.to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;2.to be receiving medical treatment for diseases or injuries within the prescribed period of time;3.to be a female staff member or worker during pregnant, puerpera l, or breast-feeding period; or other circumstances stipulated by laws, administrative rules and regulations.Article 30 The trade union of an employing unit shall have the righ t to air its opinions if it regards as inappropriate the revocation o f a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer ap plies for arbitration or brings in a lawsuit, the trade union sha ll render him support and assistance in accordance with the law.Article 31 A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Article 32 A labourer may notify at any time the employing unit of hi s decision to revoke the labour contract in any of the following circ umstances:1.within the probation period;2.where the employing unit forces the labourer to work by resorting t o violence, intimidation or3.illegal restriction of personal freedom; or4.failure on the part of the employing unit to pay labour remuneratio n or to provide working conditions as agreed upon in the labour con tract.Article 33 The staff and workers of an enterprise as one party may co nclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupation al safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and worker s or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on beha lf of the staff and workers with the enterprise; in an enterprise whe re the trade union has not yet been set up, such contract shall bealso concluded by the representatives elected by the staff and worker s with the enterprise.Article 34 A collective contract shall be submitted to the labour adm inistrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Article 35 Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourer s and the enterprises shall not be lower than those as stipulated in collective contracts.Chapter IV Working Hours, Rest and VacationsArticle 36 The State shall practise a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average.Article 37 In case of labourers working on the basis of piecework, th e employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system st ipulated in Article 36 of this Law.Article 38 The employing unit shall guarantee that its staff and work ers have at least one day off in a week.Article 39 Where an enterprise can not follow the stipulations in Art icle 36 and Article 38 of this Law due to its special production natu re, it may adopt other rules on working hours and rest with the appro val of the labour administrative department.Article 40 The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:1.the New Year's Day;2.the Spring Festival;3.the International Labour Day;4.the National Day; and5.other holidays stipulated by laws, rules and regulations.Article 41 The employing unit may extend working hours due to the req uirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three ho urs a day under the condition that the health of labourers is guarant eed. However, the total extension in a month shall not exceed thirty six hours.Article 42 The extension of working hours shall not be subject to res triction of the provisions of Article 41 of this Law under any of the following circumstances:1.where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the sa fety of property of labourers;2.where prompt rush repair is needed in the event of breakdown of pro duction equipment, transportation lines or public facilities that a ffects production and public interests; and other circumstances as st ipulated by laws, administrative rules and regulations.Article 43 The employing unit shall not extend working hours of labou rers in violation of the provisions of this Law.Article 44 The employing unit shall, according to the following stand ards, pay labourers remunerations higher than those for normal workin g hours under any of the following circumstances:1.to pay no less than 150 percent of the normal wages if the extensio n of working hours is arranged;2.to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and3.to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays.Article 45 The State shall practise a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitl ed to annual vacation with pay. The concrete measures shall be formul ated by the State Council.Article 46 The distribution of wages shall follow the principle of di stribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total payroll.Article 47 The employing unit shall independently determine its form. of wage distribution and wage level for its own unit according to la w and based on the characteristics of its production and business and economic results.Article 48 The State shall implement a system of guaranteed minimum w ages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipali ties directly under the Central Government and reported to the State Council for the record.Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.Article 49 The determination and readjustment of the standards on min imum wages shall be made with reference to the following factors in a comprehensive manner:1.the lowest living expenses of labourers themselves and the average family members they support;2. the average wage level of the society as a whole;3. labour productivity;4. the situation of employment; and5. the different levels of economic development between regions.Article 50 Wages shall be paid monthly to labourers themselves in for m. of currency. The wages paid to labourers shall not be deducted o r delayed without justification.Article 51 The employing unit shall pay wages according to law to lab ourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in a ccordance with the law.Chapter VI Occupational Safety and HealthArticle 52 The employing unit must establish and perfect the system f or occupational safety and health, strictly implement the rules and s tandards of the State on occupational safety and health, educate labo urers on occupational safety and health, prevent accidents in the pro cess of work, and reduce occupational hazards.Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.Facilities of occupational safety and health installed in new project s and projects to be rebuilt or expanded must be designed, construc ted and put into operation and use at the same time as the main proje cts.Article 54 The employing unit must provide labourers with occupationa l safety and health conditions conforming to the provisions of the St ate and necessary articles of labour protection, and providing regula r health examination for labourers engaged in work with occupational hazards.Article 55 Labourers to be engaged in specialized operations must rec eive specialized training and acquire qualifications for such special operations.Article 56 Labourers must strictly abide by rules of safe operation i n the process of their work.Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation o f rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charge s against the acts endangering the safety of their life and health.Article 57 The State shall establish a system for the statistics, rep orts and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and o ther relevant departments of the people's governments at or above t he county level and the employing unit shall, according to law, compi le statistics, report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.Chapter VII Special Protection For Female and Juvenile WorkersArticle 58 The State shall provide female workers and juvenile worker s with special protection."Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet.Article 59 It is prohibited to arrange female workers to engage in wo rk down the pit of mines, or work with Grade IV physical labour int ensity as stipulated by the State, or other work that female worker s should avoid.Article 60 Female workers during their menstrual periods shall not be arranged to engaged in work high above the ground, under low tempera ture, or in cold water or work with Grade III physical labour int ensity as stipulated by the State.Article 61 Female workers during their pregnancy shall not be arrange d to engage in work with Grade III physical labour intensity as stipu lated by the State or other work that they should avoid in pregnanc y. Female workers pregnant for seven months or more shall not be ar ranged to extend their working hours or to work night shifts.Article 62 After childbirth, female workers shall be entitled to no l ess than ninety days of maternity leaves with pay.Article 63 Female workers during the period of breast-feeding their b abies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour that they should avoid during their breast-feedin g period, or to extend their working hours or to work night shift s.Article 64 No juvenile workers shall be arranged to engage in work do wn the pit of mines, work that is poisonous or harmful, work with G rade IV physical labour intensity as stipulated by the State, or ot her work that they should avoid.Article 65 The employing unit shall provide regular physical examinat ions to juvenile workers.Chapter VIII Vocational TrainingArticle 66 The State shall take various measures through various chan nels to expand vocational training undertakings so as to develop prof essional skills of labourers, improve their qualities, and raise thei r employment capability and work ability.Article 67 People's governments at various levels shall incorporate t he development of vocational training in the plans of social and econ omic development, encourage and support all enterprises, institutiona l organizations. Societies and individuals, where conditions permit, to sponsor all kinds of vocational training.Article 68 The employing unit shall establish a system for vocational training, raise and use funds for vocational training in accordancewith the provisions of the State, and provide labourers with vocation al training in a planned way and in the light of the actual situation of the unit.Labourers to be engaged in technical work must receive pre-job traini ng before taking up their posts.Article 69 The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examinati on and verification organizations authorized by the government are in charge of the examination and verification of the professional skill s of labourers.Chapter IX Social Insurance and WelfareArticle 70 The State shall develop social insurance undertakings, est ablish a social insurance system, and set up social insurance funds s o that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child-bearing.Article 71 The level of social insurance shall be in proportion to th e level of social and economic development and the social affordabili ty.Article 72 The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of i nsurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance an d pay social insurance premiums in accordance with the law.Article 73 Labourers shall, in accordance with the law, enjoy social insurance benefits under the following circumstances:1.retirement;2.illness or injury;3.disability caused by work-related injury or occupational disease;4.unemployment; and5.child-bearing.The survivors of the insured labourers shall be entitled to subsidies for survivors in accordance with the law.The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.The social insurance amount that labourers are entitled to, must be t imely paid in full.Article 74 The agencies in charge of social insurance funds shall col lect, expend, manage and operate the funds in accordance with the sti pulations of laws, and assume the responsibility to maintain and rais e the value of these funds.The supervisory organizations of social insurance funds shall exercis e supervision over the revenue and expenditure, management and operat ion of social insurance funds in accordance with the stipulations of laws.The establishment and function of the agencies in charge of social in surance funds and the supervisory organizations of social insurance f unds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate so cial insurance funds.Article 75 The State shall encourage the employing unit to set up sup plementary insurance for labourers according to its practical situati ons.The State shall advocate that labourers practise individual insurance in form. of saving account.Article 76 The State shall develop social welfare undertakings, const ruct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collectiv e welfare and raise welfare treatment of labourers.Chapter X Labour DisputesArticle 77 Where a labour dispute between the employing unit and labo urers takes place, the parties concerned may apply for mediation o r arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. The principle of mediati on shall apply to the procedures of arbitration and lawsuit.Article 78 The settlement of a labour dispute shall follow the princi ple of legality, fairness and promptness so as to safeguard in accord ance with the law the legitimate rights and interests of the parties involved.Article 79 Where a labour dispute takes place, the parties involved m ay apply to the labour dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. Either party may also directly apply to th e labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the p arty may bring the case to a people's court.Article 80 A labour dispute mediation committee may be established in side the employing unit. The committee shall be composed of represent atives of the staff and workers, representatives of the employing uni t, and representatives of the trade union. The chairman of the commit tee shall be held a representative of the trade union.Agreements reached on labour disputes through mediation shall be impl emented by the parties involved.Article 81 A labour dispute arbitration committee shall be composed o f representatives of the labour administrative department, representa tives from the trade union at the corresponding level, and represen tatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Article 82 The party that requests for arbitration shall file a writt en application to a labour dispute arbitration committee within 60 da ys starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 da。

2024年劳动合同法全文最新版本(官方版)英文版

2024年劳动合同法全文最新版本(官方版)英文版

2024年劳动合同法全文最新版本(官方版)英文版2024 Labor Contract Law Official VersionIn 2024, the latest version of the Labor Contract Law was released by the government. This official document outlines the regulations and requirements for labor contracts in the year 2024. It covers various aspects of employment agreements, including terms of employment, rights and responsibilities of both employers and employees, termination procedures, and dispute resolution mechanisms.The 2024 Labor Contract Law aims to provide clarity and protection for both parties involved in a labor contract. It emphasizes the importance of fair treatment, non-discrimination, and transparency in the employment relationship. The law also addresses issues such as working hours, wages, benefits, and occupational safety and health standards.Employers are required to comply with the provisions of the Labor Contract Law and ensure that their employees' rights are respected. They must provide written contracts to employees, clearly stating the terms and conditions of employment. Employers are also responsible for maintaining a safe working environment and following relevant labor regulations.Employees, on the other hand, are expected to perform their duties diligently and in accordance with the terms of their contracts. They have the right to fair compensation, rest periods, and social security benefits as outlined in the law. Employees are encouraged to report any violations of their rights to the appropriate authorities for resolution.Overall, the 2024 Labor Contract Law sets the framework for a harmonious and productive working relationship between employers and employees. By following the guidelines outlined in this official document, both parties can ensure a fair and mutually beneficial employment arrangement.。

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中华人民共和国劳动法(节选)
第二十一条劳动合同可以约定试用期。

Article21A probation period may be specified in a labour contract.
试用期最长不得超过六个月。

The probation period shall not exceed six months.
第二十二条劳动合同当事人可以在劳动合同中约定保守用人单位商业秘密的有关事项。

Article22The parties to a labour contract may stipulate in the labour contract matters concerning keeping business secrets of the employing unit.
第二十三条劳动合同期满或者当事人约定的劳动合同终止条件出现,劳动合同即行终止。

Article23A labour contract shall terminate immediately upon the expiration of its term or the occurrence of the conditions for the termination of the labour contract as agreed upon by the parties.
第二十四条经劳动合同当事人协商一致,劳动合同可以解除。

Article24A labour contract may be canceled by agreement reached between the parties through consultation.
第二十五条劳动者有下列情形之一的,用人单位可以解除劳动合同:Article25If a labourer is under any of the following circumstances,the employing unit may cancel the labour contract with him:
(一)在试用期间被证明不符合录用条件的;
(1)Having been proved not up to the requirements for recruitment during the probation period;
(二)严重违反劳动纪律或者用人单位规章制度的;
(2)Having seriously violated labour discipline or the rules and regulations of the employing unit;
(三)严重失职,营私舞弊,对用人单位利益造成重大损害的;
(3)Having caused great losses to the employing unit through gross neglect of duty or malpractice for personal gains;and
(四)被依法追究刑事责任的。

(4)Having been investigated for criminal responsibility in accordance with the law.
第二十六条有下列情形之一的,用人单位可以解除劳动合同,但是应当提前三十日以书面形式通知劳动者本人:
Article26In any of the following circumstances,the employing unit may cancel the labour contract,however,a written notice shall be given to the labourer concerned30 days in advance:
(一)劳动者患病或者非因工负伤,医疗期满后,不能从事原工作也不能从事由用人单位另行安排的工作的;
(1)Where a labourer is unable to take up his original work or any work specially arranged by the employing unit after completion of the period of his medical treatment for illness or not work-related injury;
(二)劳动者不能胜任工作,经过培训或者调整工作岗位,仍不能胜任工作的;
(2)Where a labourer is unqualified for his work and remains unqualified even after receiving a training or after readjusting the work post;and
(三)劳动合同订立时所依据的客观情况发生重大变化,致使原劳动合同无法履行,经当事人协商不能就变更劳动合同达成协议的。

(3)Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labour contract cannot be carried out,and no agreement on modification of the labour contract can be reached through consultation by the parties.
第二十七条用人单位濒临破产进行法定整顿期间或者生产经营状况发生严重困难,确需裁减人员的,应当提前三十日向工会或者全体职工说明情况,听取工会或者职工的意见,经向劳动行政部门报告后,可以裁减人员。

Article27Where it is really necessary for an employing unit to cut down the number of workforce when it comes to the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and management,the employing unit shall explain the situation to the trade union or all of its staff and workers30days in advance,solicit opinions from them and report to the administrative department of labour before it may cut down the number of workforce.用人单位依据本条规定裁减人员,在六个月内录用人员的,应当优先录用被裁减的人员。

Where the employing unit that cut down the number of its workforce in accordance with this Article is to recruit personnel within six months,it shall give priority in employment to the persons who have been laid off.
第二十八条用人单位依据本法第二十四条、第二十六条、第二十七条的规定解除劳动合同的,应当依照国家有关规定给予经济补偿。

Article28Where an employing unit canceled its labour contracts according to the stipulations in Article24,Article26and Article27of this Law,it shall make economic compensations in accordance with the relevant provisions of the State.。

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