中华人民共和国劳动法(英文版)

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劳动合同法,中英文

劳动合同法,中英文

篇一:《中华人民共和国劳动合同法》中英文对照labor contract law of the peoples republic of chinaorder of the president of the peoples republic of china (no.65)president of the peoples republic of china hu jintaojune 29, 2007labor contract law of the peoples republic of chinacontentschapter i general provisionschapter ii formation of labor contractschapter iii fulfillment and change of labor contracts chapter iv dissolution and termination of labor contracts chapter v special provisions section 1 collective contract section 2 worker dispatch section 3 part-time employment chapter vi supervision and inspection chapter vii legal liabilities chapter viii supplementary provisionschapter i general provisionsarticle 1 this law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.article 2 this law shall apply to the establishment of employment relationship between employees andenterprises, individual economic organizations, private non-中华人民共和国劳动合同法中华人民共和国主席令(第六十五号)《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过,现予公布,自2008年1月1日起施行。

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合同法英语版

中华人民共和国劳动合同法英语版

中华人民共和国劳动合同法英语版全文共3篇示例,供读者参考篇1Labor Contract Law of the People's Republic of ChinaChapter I General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution and in light of the practical experiences of the country in order to protect the legitimate rights and interests of laborers, establish and safeguard a labor-contract system adapted to the needs of a socialist market economy, promote employment, and support economic development.Article 2 The State promotes the conclusion of labor contracts between laborers and employing units in accordance with law, and encourages and supports collective wage consultations between laborers and employing units.Article 3 Employing units shall establish and improve systems of rules and regulations, set up democratic management systems with the participation of the workers, and ensure the workers' right to criticize and make suggestions with regard to management.Article 4 In signing labor contracts, both parties shall abide by the principles of voluntariness, equality, fairness, and mutual benefit, and shall not harm the public interests, damage the lawful rights and interests of any other party or violate socialist ethics.Article 5 The conclusion, performance, amendment, and termination of labor contracts must comply with legal procedures, and neither party may, by seeking the protection of the law, undermine the legitimate rights and interests of the other party.Chapter II Conclusion of Labor ContractsArticle 6 The conclusion of labor contracts shall comply with the principle of equality, voluntariness, lawful conducts, negotiation, and reaching agreement through consultations.Article 7 An employing unit and the worker conclude a labor contract shall provide the following:1. name, domicile, and legal representative or main person in charge of the employing unit;2. the worker's name, domicile, and legal representative or main person in charge;3. contract period;4. job description and the place of work;5. working hours, rest and leave, working conditions;6. labor protection conditions, labor conditions and protection for special types of work;7. labor compensation;8. social insurance;9. labor discipline; and10. other matters stipulated by laws and regulations.Article 8 A labor contract shall be concluded in a written form, and in the absence of a written labor contract, the employing unit shall provide the worker with a written statement containing the matters specified in Article 7 of this Law.Article 9 An employment unit and the worker shall conclude a fixed-term labor contract if one of the following circumstances arises:1. for a fifteen-day fixed-term contract, work period not exceeding one hundred and eighty days or for a longer period but to reach a certain number of hours as agreed;2. for interim, supplementary, or duty-casual labor contracts.Article 10 Where labor contracts are concluded with any of the following workers, or where the parties agree to hire a labor dispatch entity, the employing unit and the worker shall conclude a written labor contract and determine the term of the contract to be at least three or more years, and such labor contract shall be concluded in accordance with the principles prescribed in this Law:1. the worker is under thirty years of age;2. the worker has obtained the professional qualification certificate for the post to be filled;3. the worker is equipped with special skills in short supply;4. the worker's training expenses shall be repaid within the term of the contract.Chapter III Performance of Labor ContractsArticle 11 An employing unit shall keep confidential the trade secrets of the company it is working for, as well as the worker's private information.Article 12 An employing unit may not unilaterally change the necessary terms of the labor contract, unless the employing unit applies for alteration to the labor contract and reaches an agreement with the worker.Article 13 If the employing unit has the need to dismiss the worker in accordance with Article 39 of this Law, it shall notify the worker in writing and explain the reason for the dismissal.Chapter IV Amendment and Termination of Labor ContractsArticle 14 In the event that an employing unit or a worker wishes to amend the terms of a labor contract, it shall do so through written negotiations, and after reaching an agreement, it shall sign an alteration to the labor contract.Article 15 The employing unit or worker shall both sides may amend the terms of a labor contract by mutual consent.Article 16 In the event that the employing unit terminates a labor contract in compliance with Article 40 of this Law, it shall serve a thirty-day notice and pay compensation to the worker in accordance with the law.Chapter V Special ProvisionsArticle 17 Labor dispatch entities shall use employment services provided by labor dispatch entities in accordance with law.Article 18 The employing unit shall, in accordance with the provisions of laws and regulations, enter into a written contract with the labor dispatch entity, contract the labor dispatch entity'ssealed certificate of the employer to hire or engage laborers in the name of the employer, and inform the laborer to enter into a written contract with the labor dispatch entity.Chapter VI Legal LiabilitiesArticle 19 In the event that either party to a labor contract breaches the contract, the other party may claim damages in accordance with the provisions of civil law.Article 20 In the event that an employing unit violates the provisions of this Law, causing damages to the worker, the worker may request the employing unit to cease any illegal act and compensate for the loss.Article 21 In the event that either party to a labor contract violates the provisions of this Law, causing damages to the other party, the other party may request the party at fault to cease the illegal act and pay compensation.Article 22 Labor administrative departments shall, in accordance with law, order the employing unit to correct its misconduct in the performance of its obligations, and impose a fine in accordance with law for violations of labor laws and regulations.Chapter VII Supplementary ProvisionsArticle 23 This Law shall not apply to the labor contract relationship between the state organs, institutions, social organizations and their staff, and shall be separately regulated.Article 24 Employing units and workers shall, in accordance with this Law, and wage regulations in state enterprises, sign collective wage contracts, and conclude substantive working relationships with workers.Article 25 This Law shall not apply to domestic workers hired by families for personal housework.Article 26 This Law applies both to relying on personal contract personnel in accordance with the law or state agencies, institutions, social organizations, and other organizations.Article 27 This Law shall enter into force on January 1, 2008.篇2Labor Contract Law of the People's Republic of ChinaChapter I General ProvisionsArticle 1 This Law is enacted in accordance with the Constitution and for the purposes of protecting the legitimate rights and interests of laborers, regulating labor relationships, ensuring social fairness and harmonious labors, fosteringharmonious and stable employment relationships, improving labor productivity, and promoting economic and social development.Article 2 This Law shall be applicable to the conclusion and performance of labor contracts between laborers and employing units within the territory of the People's Republic of China.Article 3 Labor contracts as mentioned in this Law include contracts under which laborers perform labor for employing units, receive remuneration, and are under the employing units' management, or contracts under which the parties concerned conclude agreements on the performance of such labor as well as other remuneration and working conditions.Article 4 Labor contracts shall be concluded according to the principles of fairness, equality, voluntariness, lawfulness, and consensus through consultation.Article 5 Laborers shall conclude labor contracts with employing units on the basis of equality, voluntariness, and negotiations. Laborers shall have the right to conclude a labor contract or have the right to refuse the conclusion of a labor contract.Chapter II Conclusion of Labor ContractsSection 1 Conclusion of Labor ContractsArticle 6 Labor contracts shall be concluded in written form. The employing unit shall, within 30 days from the day the laborer goes to work, conclude a written labor contract with the laborer.Article 7 The term of a labor contract may be fixed,open-ended, or for completion of a specific task. If the term is not expressly specified, the labor contract shall be deemed open-ended.Article 8 The labor contract shall specify the identities of the parties, working hours, rest and leave, work safety and occupational health, labor protection, social insurance, remuneration, labor dispute, etc.Section 2 exceptional Circumstances for Conclusion of Labor ContractsArticle 9 In any of the following circumstances, the employing unit may temporarily employ laborers on aterm-by-term basis without concluding written labor contracts:1. the term of the labor contract is no more than three months;2. the employing unit needs a substitute for laborers who are taking leaves;3. the employing unit needs to recruit workers other than its existing employees for temporary expansion of its business;4. other exceptional circumstances prescribed by laws and administrative regulations.Article 10 In any of the following circumstances, the employing unit shall not conclude a labor contract:1. a laborer is in his or her probationary period;2. a laborer has any of the conditions stipulated in Article 36;3. other circumstances where labor contracts shall not be concluded prescribed by laws and administrative regulations.Chapter III Performance of Labor ContractsSection 1 Labor RemunerationArticle 11 When determining the amount of remuneration, the minimum wage rates shall be observed.Article 12 The employing unit shall pay remuneration directly to the laborer in legal tender and shall pay the remuneration at least once a month.Article 13 The remuneration shall include the basic salary and overtime pay, bonuses, allowances, subsidies, etc. Theemploying unit shall pay all remuneration agreed upon in the labor contract.Section 2 Working Hours, Rest, and LeaveArticle 14 The employing unit shall observe the working hours system, implement the labor rest system, and organize laborers to rest on statutory holidays according to the law.Article 15 The employing unit may, upon consultation with the laborer, adjust the working hours and rest periods by such means as shift rotation.Article 16 The employing unit is required to ensure that laborers enjoy their statutory annual paid leave, maternity leave, marriage leave, and funeral leave in accordance with law.Chapter IV Labor Safety and HealthArticle 17 The employing unit shall implement the state labor standards for occupational disease prevention and control and for occupational health supervision, and shall provide laborers with labor safety and health conditions that meet the requirements for production safety.Article 18 The employing unit shall conduct regular health checks on laborers who are engaged in operations likely to causeoccupational diseases in accordance with state regulations, free of charge to the laborer.Article 19 The laborer has the right to report any actions of the employing unit violating laws, regulations, or the labor contract that are detrimental to labor safety and health to the relevant administrative departments.......篇3Labor Contract Law of the People's Republic of ChinaChapter I General ProvisionsArticle 1 This Law is formulated to improve the labor contract system, standardize labor contract signing and performance, balance the rights and obligations of parties to labor contracts, protect the legitimate rights and interests of employment, and promote economic and social development.Article 2 This Law shall apply to the conclusion, performance, amendment, rescission, termination, cancellation, and other activities related to labor contracts between employing units and workers within the territory of the People's Republic of China.Article 3 Employing units shall conclude a written labor contract with workers in accordance with the principle of equality, voluntariness, fairness, and honesty.Article 4 Labor contracts shall be concluded in accordance with the following principles:(1) Equal negotiation;(2) Voluntary participation;(3) Law-abiding, public-welfare compliance, and good faith.Article 5 Labor contracts shall include the following essential agreements:(1) The term of the labor contract;(2) The content of labor;(3) Labor remuneration;(4) Working hours, rest, leave, social insurance, labor protection, and working conditions;(5) Labor discipline;(6) Work safety and health.Chapter II Conclusion of Labor ContractsArticle 6 Employing units shall provide workers with labor contracts that comply with the requirements stipulated in this Law and enter into written labor contracts with workers within one month from the date of employment.Article 7 Workers may enter into a labor contract with two or more employers at the same time, provided that the aggregate working hours do not exceed the statutory limit.Article 8 The term of a labor contract shall be agreed upon through negotiation between employing units and workers but shall not exceed 5 years.Article 9 Employing units may conclude a fixed-term labor contract with workers under any of the following circumstances:(1) The term of the task is determined;(2) The replacement of workers who are temporarily unable to work;(3) The nature of the work requires fixed-term contract;(4) The employing unit meets the conditions prescribed in laws and regulations.Article 10 Employing units and workers may conclude an open-ended labor contract if any of the following occurs:(1) The worker has worked continuously for 10 years;(2) The employing unit adopts labor dispatch to the worker continuously twice;(3) Other situations stipulated in laws and regulations.Chapter III Performance of Labor ContractsArticle 11 If the employing unit and the worker fail to conclude a written labor contract within a month from the date of employment, a labor relationship is deemed to have been established.Article 12 Employing units shall provide workers with safe working conditions, pay wages, and provide labor protection and occupational health conditions in accordance with relevant laws and regulations.Article 13 Employing units shall not extend the working hours of workers beyond the statutory limit, except under special circumstances, and shall ensure that workers have rest and leave in accordance with relevant laws and regulations.Article 14 Employing units shall provide workers with social insurance in accordance with relevant laws and regulations.Article 15 Employing units shall pay wages to workers in accordance with the relevant regulations, ensure that wages are paid on time and in full, and may not deduct or delay wages without justified reasons.Chapter IV Amendment, Rescission, and Termination of Labor ContractsArticle 16 Employing units and workers may amend labor contracts through negotiation, and the content of the amendment shall be recorded in writing.Article 17 Employing units and workers may rescind labor contracts through negotiation, and the reasons for rescission shall be recorded in writing.Article 18 Labor contracts may be terminated under any of the following circumstances:(1) The term of the labor contract expires;(2) Both parties agree to terminate the labor contract through negotiation;(3) The employing unit dissolves, declares bankruptcy, or is revoked;(4) The worker is unfit for the original work due to illness or injury;(5) Other situations stipulated in laws and regulations.Chapter V Protection of Workers' Rights and InterestsArticle 19 Employing units shall not allow workers to work under the age of 16.Article 20 Employing units shall not discriminate against workers on the basis of ethnicity, race, gender, or religion.Article 21 Employing units shall provide equal pay for equal work to workers, regardless of their gender.Chapter VI Legal LiabilityArticle 22 Employing units that violate the provisions of this Law shall bear legal liability in accordance with the law.Article 23 Employing units shall compensate workers for losses suffered due to violation of this Law.Chapter VII Supplementary ProvisionsArticle 24 This Law shall come into force on January 1, 2008.Article 25 The actual operation and implementation of labor contracts shall be adjusted in accordance with the requirements of laws and regulations.Article 26 The State Council shall be responsible for the interpretation and implementation of this Law.Labor Contract Law of the People's Republic of China(Adopted at the 28th Meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2007)(Effective as of January 1, 2008)。

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。

【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。

中英对照中华人民共和国劳动合同法laborcontractlaw

中英对照中华人民共和国劳动合同法laborcontractlaw
Chapter VIII Supplementary Provisions
中华人民共和国主席令
(第六十五号)
《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过,现予公布,自2008年1月1日起施行。
中华人民共和国主席 胡锦涛
2007年6月29日
第二条中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织(以下称用人单位)与劳动者建立劳动关系,订立、履行、变更、解除或者终止劳动合同,适用本法。
国家机关、事业单位、社会团体和与其建立劳动关系的劳动者,订立、履行、变更、解除或者终止劳动合同,依照本法执行。
Article3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of a labor contract.
Contents
Chapter I General Provisn of Labor Contracts
Chapter III Fulfillment and Change of Labor Contracts
Chapter IV Dissolution and Termination of Labor Contracts
Chapter I General Provisions
第一章 总则
Article1This Law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.

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.
{ 16 }
Article 7
{ 17 }
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:。

中华人民共和国劳动合同法英语

中华人民共和国劳动合同法英语

中华人民共和国劳动合同法英语English:The Labor Contract Law of the People's Republic of China is a fundamental piece of legislation that provides the basis for regulating employment relationships between employers and employees in China. The law outlines the rights and obligations of both parties, sets minimum standards for wages and working conditions, and establishes procedures for dispute resolution. Among other things, the law requires employers to sign written contracts with employees, establishes rules for contract termination, and prohibits discrimination and forced labor. The law also provides protection for vulnerable groups such as women, minors, and migrant workers, and requires employers to provide training and occupational health and safety measures. The Labor Contract Law has been amended several times since its enactment in 2008, most recently in 2020, to address new challenges and ensure better protection for workers' rights.中文翻译:中华人民共和国劳动合同法是一项基本法律,为规范雇主和员工之间的就业关系提供了依据。

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。

中华人民共和国劳动规定合同法(英文版)

中华人民共和国劳动规定合同法(英文版)

中华人民国劳动合同法(英文版)LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007Effective from January 1, 2008CHAPTER 1 GENERAL PROVISIONSArticle 1This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships.Article 2This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private non-enterprise units in the People’s Republic of China (“Employers”) on the one hand and Employees in the People’s Republic of China on the other hand. The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees with whom they establish employment relationships on the other hand, shall be handled pursuant to this Law.Article 3The conclusion of employment contracts shall comply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith.A lawfully concluded employment contract is binding, and both the Employer and the Employee shall perform their respective obligations stipulated therein.Article 4Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations.When an Employer formulates, revises or decides on rules and regulations, or material matters, that havea direct bearing on the immediate interests of its Employees, such as those concerning compensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota management, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and comments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a basis of equality.If, during the implementation of an Employer’s rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to communicate such opinion to the Employer, and the rule, regulation or decision shall be improved by making amendments after consultations.Rules and regulations, and decisions on material matters, that have a direct bearing on the immediate interests of Employees shall be made public or be communicated to the Employees by the Employer. Article 5The labor administration authorities of People’s Governments at the county leve l and above, together with the Trade union and enterprise representatives, shall establish a comprehensive tri-partite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships.Article 6A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in order to safeguard the lawful rights and interests of Employees.CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7An Employer’s employment relationship with a Employee is established on the date it starts using the Employee. An Employer shall keep a register of employees, for reference purposes.Article 8When an Employer hires a Employee, it shall truthfully inform him as to the content of the work, the working conditions, the place of work, occupational hazards, production safety conditions, laborcompensation and other matters which the Employee requests to be informed about. The Employer has the right to learn from the Employee basic information which directly relates to the employment contract, and the Employee shall truthfully provide the same.Article 9When hiring a Employee, an Employer may not retain the Employee’s resident ID card or other papers, nor may it require him to provide security or collect property from him under some other guise.Article 10To establish an employment relationship, a written employment contract shall be concluded.In the event that no written employment contract was concluded at the time of establishment of an employment relationship, a written employment contract shall be concluded within one month after the date on which the Employer starts using the Employee.Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee, the employment relationship shall be established on the date on which the Employer starts using the Employee.Article 11In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him, and it is not clear what labor compensation was agreed upon with the Employee, the labor compensation of the new Employee shall be decided pursuant to the rate specified in the collective contract; where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work.Article 12Employment contracts are divided into fixed-term employment contracts, open-ended employment contracts and employment contracts to expire upon completion of a certain job.Article 13A “fixed-term employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee.An Employer and a Employee may conclude a fixed-term employment contract upon reaching a negotiated consensus.Article 14An “open-ended employment contract” is an employment contract for which the Employer a nd theEmployee have agreed not to stipulate a definite ending date.An Employer and a Employee may conclude an open-ended employment contract upon reaching a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances, an open-ended employment contract shall be concluded, unless the Employee requests the conclusion of a fixed-term employment contract:(1) The Employee has been working for the Employer for a consecutive period of not less than 10 years;(2) when his Employer introduces the employment contract system or the state owned enterprise that employs him re-concludes its employment contracts as a result of restructuring, the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age; or(3) prior to the renewal, a fixed-term employment contract was concluded on two consecutive occasions and the Employee is not characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof.If an Employer fails to conclude a written employment contract with a Employee within one year from the date on which it starts using the Employee, the Employer and the Employee shall be deemed to have concluded an open-ended employment contract.Article 15An “employment contract with a term to expire upon completion of a certain job” is an employment contract in which the Employer and the Employee have agreed that the completion of a certain job is the term of the contract.An Employer and a Employee may, upon reaching a negotiated consensus, conclude an employment contract with a term to expire upon completion of a certain job.Article 16An employment contract shall become effective when the Employer and the Employee have reached a negotiated consensus thereon and each of them has signed or sealed the text of such contract.The Employer and the Employee shall each hold one copy of the employment contract.Article 17An employment contract shall specify the following matters:(1) The name, domicile and legal representative or main person in charge of the Employer;(2) The name, domicile and number of the resident ID card or other valid identity document of theEmployee;(3) The term of the employment contract;(4) The job des cription and the place of work;(5) Working hours, rest and leave;(6) Labor compensation;(7) Social insurance;(8) Labor protection, working conditions and protection against occupational hazards; and(9) Other matters which laws and statutes require to be included in employment contracts.In addition to the requisite terms mentioned above, an Employer and a Employee may agree to stipulate other matters in the employment contract, such as probation period, training, confidentiality, supplementary insurance and benefits, etc.Article 18If a dispute arises due to the fact that the rate or standards for labor compensation or working conditions, etc. are not explicitly specified in the employment contract, the Employer and the Employee may renegotiate. If the negotiations are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor compensation, equal pay shall be given for equal work; if there is no collective contract or the collective contract is silent on the issue of working conditions, the relevant regulations of the state shall apply.Article 19If an employment contract has a term of not less than three months but less than one year, the probation period may not exceed one month; if an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months; and if an employment contract has a term of not less than three years or is open-ended, the probation period may not exceed six months.An Employer may stipulate only one probation period with any given Employee.No probation period may be specified in an employment contract with a term to expire upon completion of a certain job or an employment contract with a term of less than three months.The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract.Article 20The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located.Article 21An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee.Article 22If an Employer provides special funding for a Employee’s training and gives him professional technical training, it may conclude an agreement specifying a term of service with such Employee.If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service.The reaching of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee’s labor compensation during the term of service according to the normal wage adjustment mechanism.Article 23An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual property.If a Employee has a confidentiality obligation, the Employer may agree with the Employee on competition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the Employee on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract. If the Employee breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulated.Article 24The personnel subject to competition restrictions shall be limited to the Employer’s senior management,senior technicians and other personnel with a confidentiality obligation. The scope, territory and term of the competition restrictions shall be agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations.The term, counted from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to competition restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his current Employer, or in terms of his establishing his own business to produce the same type of products or engage in the same type of business, shall not exceed two years.Article 25With the exception of the circumstances specified in Article s 22 and 23 hereof, an Employer may not stipulate with a Employee provisions on the bearing of liquidated damages by the Employee.Article 26An employment contract shall be invalid or partially invalid if:(1) A party uses such means as deception or coercion, or takes advantage of the other party’s difficulties, to cause the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party’s true intent;(2) The Employer disclaims its legal liability or denies the Employee his rights; or(3) Mandatory provisions of laws or administrative statutes are violated.If the invalidity or partial invalidity of the employment contract is disputed, it shall be confirmed by a labor dispute arbitration institution or a People’s Court.Article 27If certain provisions of an employment contract are invalid and such invalidity does not affect the validity of the remaining provisions, the remaining provisions shall remain valid.Article 28If an employment contract is confirmed as invalid and the Employee has already performed labor, the Employer shall pay the Employee labor compensation. The amount of labor compensation shall be determined with reference to the labor compensation of Employees in the same or a similar position with the Employer.CHAPTER 3 PERFORMANCE AND AMENDMENT OF EMPLOYMENT CONTRACTSArticle 29The Employer and the Employee shall each fully perform its/his obligations in accordance with the employment contract.Article 30Employers shall pay their Employees labor compensation on time and in full in accordance with the employment contracts and state regulations.If an Employer falls into arrears with the payment of labor compensation or fails to make payment in full, the Employee may, in accordance with the law, apply to the l ocal People’sCourt for an order to pay; and the People’s Court shall issue such order in accordance with the law. Article 31Employers shall strictly implement the work quota standards and may not compel or in a disguised manner compel Employees to work overtime. If an Employer arranges for a Employee to work overtime, it shall pay him overtime pay in accordance with the relevant state regulations.Article 32Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.Article 33Changes such a change in the name, legal representative or main person in charge of, or an (the) investor(s) in, an Employer shall not affect the performance of its employment contracts.Article 34If an Employer is merged or divided, etc., its existing employment contracts shall remain valid and continue to be performed by the Employer(s) which succeeded to its rights and obligationsArticle 35An Employer and a Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing.The Employer and the Employee shall each hold one copy of the amended employment contract.CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTSArticle 36An Employer and a Employee may terminate their employment contract if they so agree after consultations. Article 37A Employee may terminate his employment contract upon 30 days’ prior written notice to his Employ er. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior notice.Article 38A Employee may terminate his employment contract if his Employer:(1) Fails to provide the labor protection or working conditions specified in the employment contract;(2) Fails to pay labor compensation in full and on time;(3) Fails to pay the social insurance premiums for the Employee in accordance with the law;(4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests;(5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof;(6) Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract.If an Employer uses violence, threats or unlawful restriction of personal freedom to compel a Employee to work, or if a Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the Employer.Article 39An Employer may terminate an employment contract if the Employee:(1) Is proved during the probation period not to satisfy the conditions for employment;(2) Materially breaches the Employer’s rules and regulations;(3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;(4) has additionally established an employment relationship with another Employer which materially affects the completion of his tasks with the first-mentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer;(5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof; or(6) Has his criminal liability pursued in accordance with the law.Article 40An Employer may terminate an employment contract by giving the Employee himself 30 days’ prior written notice, or one month’s wage in lieu of notice, if:(1) after the set period of medical care for an illness or non-work-related injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer;(2) The Employee is incompetent and remains incompetent after training or adjustment of his position; or(3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, the Employer and Employee are unable to reach agreement on amending the employment contract.Article 41If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise’s employees, the Employer may reduce the workforce after it has explained the circumstances to its Trade union or to all of its employees 30 days in advance, has considered the opinions of the Trade union or the employees and has subsequently reported the workforce reduction plan to the labor administration department:(1) Restructuring pursuant to the Enterprise Bankruptcy Law;(2) Serious difficulties in production and/or business operations;(3) The enterprise switches production, introduces a major technological innovation or revises its business method, and, after amendment of employment contracts, still needs to reduce its workforce; or(4) Another major change in the objective economic circumstances relied upon at the time of conclusion of the employment contracts, rendering them unperformable.When reducing the workforce, the Employer shall retain with priority persons:(1) Who have concluded with the Employer fixed-term employment contracts with a relatively long term;(2) Who have concluded open-ended employment contracts with the Employer; or(3) Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide.If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months, it shall give notice to the persons dismissed at the time of the reduction and, all things being equal, hire them on a preferential basis.Article 42An Employer may not terminate an employment contract pursuant to Article40 or Article 41 hereof if the Employee:(1) is engaged in operations exposing him to occupational disease hazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;(2) Has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer;(3) Has contracted an illness or sustained a non-work-related injury, and the set period of medical care therefore has not expired;(4) Is a female employee in her pregnancy, confinement or nursing period;(5) Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age;(6) Finds himself in other circumstances stipulated in laws or administrative statutes.Article 43When an Employer is to terminate an employment contract unilaterally, it shall give the Trade union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union’s opinions and notify the Trade union in writing a s to the outcome of its handling of the matter.Article 44An employment contract shall end if:(1) Its term expires;(2) The Employee has commenced drawing his basic old age insurance pension in accordance with the law;(3) The Employee dies, or is dec lared dead or missing by a People’s Court;(4) The Employer is declared bankrupt;(5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employerdecides on early liquidation; or(6) Another circumstance specified in laws or administrative statutes arises.Article 45If an employment contract expires and any of the circumstances specified inArticle42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item (2) of Article42 hereof shall be handled in accordance with state regulations on work-related injury insurance.Article 46In any of the following circumstances, the Employer shall pay the Employee severance pay:(1) The employment contract is terminated by the Employee pursuant to Article 38 hereof;(2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reached agreement thereon after consultations;(3) The employment contract is terminated by the Employer pursuant to Article 40 hereof;(4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof;(5) The employment contract is a fixed–term contract that ends pursuant to item (1) ofArticle 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract;(6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof;(7) Other circumstances specified in laws or administrative statutes.Article 47A Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to a Employee for any period of less than six months shall be one-half of his monthly wages.If the monthly wage of a Employee is greater than three times the average monthly wage of employees in the Employer’s area as published by the People’s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, therate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work.For the purposes of this Article, the term “monthly wage” means the Employee’s average monthly wage for the 12 months prior to the termination or ending of his employment contract.Article 48If an Employer terminates or ends an employment contract in violation of thisLaw and the Employee demands continued performance of such contract, the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has become impossible, the Employer shall pay damages pursuant to Article 87 hereof.Article 49The state will take measures to establish a comprehensive system that enables Employees’ social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee’s file and social insurance account.The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay, it shall pay the same upon completion of the procedures for the handover of the work.The Employer shall keep terminated or ended employment contracts on file for not less than two years, for reference purposes.CHAPTER 5 SPECIAL PROVISIONSSECTION 1 COLLECTIVE CONTRACTArticle 51After bargaining on an equal basis, enterprise employees, as one party, and their Employer may conclude a collective contract on such matters as labor compensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval.。

劳动法英文版

劳动法英文版

LABOUR LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted at the Eighth Session of the Standing committee of the Eighth National People'sCongress on July 5, 1994)CONTENTSCHAPTER ONE GENERAL PROVISIONSCHAPTER TWO PROMOTION OF EMPLOYMENTCHAPTER THREE LABOUR CONTRACT AND COLLECTIVE CONTRACT CHAPTER FOUR WORKING HOURS, REST AND VACATIONCHAPTER FIVE WAGECHAPTER SIX SAFETY AND HEALTH CARECHAPTER SEVEN SPECIAL PROTECTION TO WOMEN WORKERS AND UNDERAGE [minor] WORKERSCHAPTER EIGHT JOB TRAININGCHAPTER NINE SOCIAL INSURANCE AND WELFARECHAPTER TEN LABOUR DISPUTESCHAPTER ELEVEN SUPERVISION AND EXAMINATIONCHAPTER TWELVE LEGAL RESPONSIBILITYCHAPTER THIRTEEN SUPPLEMENTARY PROVISIONSCHAPTER ONE GENERAL PROVISIONSArticle 1 The law has been formulated according to the Constitution with a view to protecting the legitimate rights and interests of workers, regulating labour relations, establishing and safeguarding a labour system that is adaptable to a socialist market economy and promoting economic development and social progress.Article 2 The law applies to all enterprises, individual economic organizations (hereinafter referred to as "employers") and workers bound up by contractual labour relationship.The law is also applicable to government organs, institutions, social organizations and workers bound up by labour contracts.Article 3 Workers enjoy the rights to equal opportunities of employment and choice of jobs, the right to labour remuneration, the right to rest and vacation, the right to labour safety and health protection, the right to vocational training, the right to social insurance protection and welfare, the right to settlement of labour disputes and other rights as provided by law.Workers should fulfil job assignments, improve their skills, follow labour safety and health regulations, observe labour discipline and professional ethics.Article 4 Employers shall establish and improve their rules and regulations according to law and ensure that the workers enjoy their rights and perform their obligations.Article 5 The State shall adopt all possible measures to promote employment, develop vocational education, formulate labour standards, regulate social income, improve social insurance, coordinate labour relations and gradually improve the living standards of the workers.Article 6 The State encourages the workers to participate in social voluntary labour, engage in labour emulation and put forward rationalization proposals, encourages and protects workers in their scientific research, technical innovation and invention and commands and rewards model workers and advanced workers.Article 7 Workers have the right to join in and organize trade unions according to law. The trade unions represent and protect the legitimate rights and interests of the workers and carry out their activities independently according to law.Article 8 Workers shall, according to legal provisions and through workers' congresses, workers' representatives or other channels, participate in democratic management or carry out consultation on an equal footing with their employers concerning the protection of their own legitimate rights and interests.Article 9 The labour administrative department of the State Council is responsible for labour work in the whole country.The labour administrative departments of the local people's governments above the county level are responsible for labour work within their administrative regions.CHAPTER TWO PROMOTION OF EMPLOYMENTArticle 10 The State shall create employment conditions and expand employment opportunities by way of promoting economic and social development.The State encourages enterprises, institutional organizations and people's organizations to run industries or open up more avenues for operation to increase employment opportunities within the framework of the laws and administrative decrees.The State supports the workers to organize themselves, voluntarily for business operations or go in for individual businesses to increase employment.Article 11 The people's governments at all levels should adopt measures to develop all kinds of labour exchanges to provide employment services.Article 12 With regard to employment, the workers shall not be discriminated in aspects of nationality, race, sex and religious beliefs.Article 13 Women enjoy the equal rights of employment as men. In providing employment, it is not allowed to refuse employment of women on sex grounds or raise the employment standards for women, except when the jobs or work posts are not suitable for women as provided for by the State.Article 14 If there are special provisions in other laws or regulations concerning the employment of handicapped people, people of minority nationalities and soldiers quitting active service, those provisions shall apply.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 THREE LABOUR CONTRACT AND COLLECTIVE CONTRACTArticle 16 A labour contract is an agreement that defines the labour relations between workers and employers as well as the rights and obligations of the two parties.In establishing labour relations, labour contracts shall be concluded.Article 17 The conclusion and revision of labour contracts shall observe the principle of equality, voluntariness and unanimity through consultation. It shall not violate the provisions of the laws or administrative decrees.A labour contract concluded according to law is legally binding and parties to the contract are obliged to perform their obligations provided for in the labour contract. Article 18 The following labour contracts are invalid:1. Contracts that have violated the provisions of the law or administrative decrees;2. Contracts that have been concluded by deception or coercion.Invalid labour contracts are not legally binding from the moment they are concluded. Whenever a part of a labour contract has been affirmed invalid, the remaining parts of it shall still be valid if the invalid part does not affect the effect of them.The invalidity of a labour contract shall be determined by the labour dispute arbitration committee or the people's court.Article 19 A labour contract shall be concluded in a written form and shall contain the following provisions:1. Term of the labour contract;2. Specific job requirements;3. Labour protection and working conditions;4. Remuneration;5. Labour discipline;6. Conditions for terminating the labour contract;7. Responsibilities for violating the labour contract.Apart from these provisions that must be included in a labour contract as provided for in the preceding paragraph, the parties concerned may add other provisions upon agreement through consultation.Article 20 The term of a contract may be fixed or non-fixed or fixed in terms of a certain amount of work done.When extension of a labour contract under agreement of both parties after a worker has worked for an uninterrupted term of ten years or over for a same employer, a labour contract without a fixed term may be concluded if the worker so desires.Article 21 A labour contract may set up a term of trial execution but the maximum length shall not exceed six months.Article 22 Provisions may be laid down upon agreement of both parties in a labour contract in terms of keeping commercial secrets of the employer.Article 23 A labour contract shall be terminated whenever the term provided for in the contract expires or conditions for terminating the contract agreed upon have appeared.Article 24 A labour contract may be dissolved upon agreement of parties concerned through consultation.Article 25 An employer may dissolve a labour contract if one of the following cases occurs:1. A worker is proved to be not up to the employment standards within the period of trial use [probation] ;2. A worker has seriously violated labour discipline or the rules and regulations having been laid down by the employer.3. A worker has committed serious dereliction of duty or resorted to deception for personal gains and caused serious losses to the interests of the employer.4. A worker has been affixed with criminal responsibility.Article 26 In one of the following cases, an employer may dissolve a labour contract but shall serve a written notice to the worker in person 30 days in advance:1. A worker, after a treatment of disease or non-job injuries, is unable to do the job arranged by the employer.2. A worker is not competent for the job assigned to him and still falls short of the standards even after being trained or given other jobs.3. A labour contract can no longer be executed due to major changes in the objective conditions and a revision cannot be reached through consultation by both parties. Article 27 When an employer needs to cut employment due to the conditions of near bankruptcy and in a period of legal rectification or due to difficulties in its production or business operation, the trade union or all the workers should be informed of the true situation with their opinions heard and conveyed by the employer to the labour administration department.If an employer that has cut the employment according to the provisions of this article recruits workers again within six months, priority shall be given to the employees being formerly cut.Article 28 Whenever a termination of labour contracts according to the provisions of Article 24, Article 26, and Article 27 of this law, the employer should given a certain economic compensation to the employees being cut according to the relevant provisions of the State.Article 29 An employer shall not dissolve labour contracts according to Article 26 and Article 27 if one of the following cases occur with the workers concerned:1. A workers has been confirmed to have lost totally or partially the capabilities of work due to occupational disease or job injuries;2. A worker is in the period of treatment for diseases or injuries;3. A woman worker is in the pregnancy, lying-in and breast-feeding period;4. Other cases as provided for by law or administrative decrees.Article 30 If a trade union deems it improper for the employer to dissolve a labour contract, it has the right to raise its opinions. If an employer has violated the law, regulations or the labour contract, the trade union has the right to demand for correction.A trade union shall support and assist, according to law, a worker who applies for arbitration or brings the case before the court.Article 31 If a worker wants to dissolve his labour contract, a notification in written form should be given to the employer concerned 30 days in advance.Article 32 A worker may notify the employer of his decision to dissolve the labour contract at any time in one of the following cases:1. During the period of trial use;2. The employer compels a worker to work by the use of force, threat or by means of illegally restricting personal freedom;3. The employer fails to pay remuneration or provide the working conditions agreed upon in the labour contract.Article 33 The workers of an enterprise may sign a collective contract with the management on pay, working hours, rest and vacation, safety and health, insurance and welfare. The draft of the collective contract shall be submitted to the workers' congress or to all the workers for discussion and approval.A collective contract shall be signed by the trade union on behalf of the workers and the management of the enterprise. In the absence of a trade union, it shall be signed by representatives of the workers and the management.Article 34 A collective contract, after it is signed, shall be submitted to the labour administrative department. If the labour administrative department does not raise any objection within 15 days after the document of the collective contract is received, the collective contract is deemed to come into effect.Article 35 The collective contract signed according to law shall be legally binding to both the enterprise management and all the workers.The working conditions and pay standards agreed upon in the labour contracts signed by individual workers and the enterprise management shall not be lower than those provided for in the collective contract.CHAPTER FOUR WORKING HOURS, REST AND VACATIONArticle 36 The State institutes a working hour system by which every worker shall not work more than eight hours a day and the average working hours per week shall not exceed 44 hours.Article 37 For workers doing piece jobs, the employer should rationally determine the quotas and piece rate in accordance with the work houring system provided for in Article 36 of this law.Article 38 An employer shall ensure every worker to have at least one days' rest for a week.Article 39 If an enterprise is unable to implement the provisions of Article 36 and Article 38 due to its particularitise of production, it may introduce other systems of work upon approval of the labour administrative department.Article 40 An employer shall arrange holidays for its workers in the following festivals:1. New Year's Day;2. Traditional Spring Festival;3. International Labour Day;4. National Day;5. Other holidays and festivals as provided for by law or administrative decrees.Article 41 If needs arise in production and operations, an employer may extend the working hours after consulting the trade union and the workers, but the overtime working shall not exceed one hour a day; in special circumstances that requires extension of working hours, the overtime working shall not exceed three hours a day and 36 hours per month under the conditions of ensuring the health of the workers.Article 42 The extension of working hours shall not be restricted in one of the following cases:1. In emergencies when the life and health of the workers and property are threatened due to natural disasters, accidents or other causes;2. Rush repairs are necessary when production equipment, transportation lines or public facilities are in trouble and affecting production and public interests;3. Other cases as provided for by law or administrative decrees.Article 43 Employers shall not extend the working hours by violating the provisions of this law.Article 44 An employer shall pay the workers wages at a rate higher than that for normal working hours according to the following standards in one of the following cases:1. To pay no less than 150 percent of the usual wage for working overtime;2. To pay 200 percent of the usual wage for work during rest days if the rest could not be delayed to another time.3. To pay 300 percent of the usual wage for working in statutory holidays.Article 45 The State institutes the system of annual paid vacation.A worker who has worked for more than one year shall enjoy the annual paid vacation. The specific regulations in this regard shall be worked out by the State Council.CHAPTER FIVE WAGEArticle 46 Wages shall be paid according to the principle of "to each according to one's work done" and equal pay for equal work.The wage scale shall be raised gradually on the basis of economic development. The State shall exercise macro control over the overall payroll.Article 47 An employer shall determine independently its own distribution of wages and wage scale according to the characteristics of production or operation and its economic results.Article 48 The State institutes the minimum wage protection system. The specific standards of the minimum wage shall be determined by various provinces, autonomous regions and centrally administered municipalities and submitted to the State Council for record.The wage paid to a worker by an employer shall not be lower than the minimum wage standard of the locality.Article 49 In determining and adjusting the minimum wage standards, the following factors shall be taken into consideration:1. The minimum living expenses of the worker himself and the average minimum living expenses of the family members he/she supports;2. Average wage level in the country;3. Labour productivity;4. Employment situation;5. Differences in the levels of economic development among different regions.Article 50 Wages shall be paid to the workers themselves in cash and on a monthly basis. In no circumstance is it allowed to deduct or delay the payment.Article 51 An employer shall pay wages according to law to workers during their statutory holidays and during marriage or funeral leave or during the time of participating in social activities according to law.CHAPTER SIX SAFETY AND HEALTH CAREArticle 52 An employer shall establish and perfect the labour safety and health care system, strictly implement the labour safety and health care regulations and standards of the State, carry out labour safety and health care education among the workers and prevent accidents during work and reduce occupational hazards.Article 53 Labour safety and health care facilities shall conform to the standards set by the State.Labour safety and health care facilities for new, rebuilding or expansion projects shall be designed, constructed and put into use simultaneously with the main projects.Article 54 An employer shall provide the worker with labour safety and health conditions and necessary labour protection articles conforming to the stipulations by the State and give regular body check-ups to workers engaging in hazardous jobs.Article 55 Workers engaging in special operations shall receive special training to acquire the required qualifications.Article 56 A worker shall strictly observe safety operation procedures.A worker has the right to refuse to engage in dangerous operations forced upon them by the management in violation of the relevant regulations, and has the right to criticize,inform or bring charges against acts that are harmful to the life and safety and personal health.Article 57 The State institutes the system of statistics, reporting and handling deaths and injuries and occupational diseases. The labour administrative departments of the people's governments above the county level, relevant departments and employers shall collect statistics, report and handle deaths and job injuries and occupational diseases according to law.CHAPTER SEVENSPECIAL PROTECTION TO WOMEN WORKERS AND UNDERAGE WORKERSArticle 58 The State shall exercise special labour protection to women workers and underage workers.Underage workers are referred to workers between the ages of 16 and 18.Article 59 It is forbidden to assign women with jobs in mines and coal shafts, labour of Class Four intensity and other jobs forbidden by the State.Article 60 It is not allowed to assign women with jobs in high altitude, law temperature and cold water during the menstrual period or in manual labour of Class Three intensity.Article 61 It is not allowed to assign women workers with manual labour of Class Three intensity provided for by the State during their pregnancy or other jobs that are forbidden during pregnancy. For women workers pregnant for more than seven months it is not allowed to make them work overtime or in night shifts.Article 62 Women workers giving birth shall enjoy a maternity leave for no less than 90 days.Article 63 It is not allowed to make women workers engage in manual labour of Class Three intensity as provided for by the State during the period of their under one year infant breast-feeding or other jobs forbidden during breast-feeding period; in such cases overtime or night shift work are also not allowed for women workers.Article 64 It is not allowed to assign underage workers to work in mines, coal shafts or in toxic and harmful jobs or manual labour of Class Four intensity as provided for by the State and other jobs forbidden for underage persons.Article 65 An employer shall give regular health check-ups to underage workers.CHAPTER EIGHT JOB TRAININGArticle 66 The State shall develop vocational training through all possible channels and all measures to develop the job skills of the workers, improve their educational quality and enhance their opportunity to be employed and working abilities.Article 67 The people's governments at all levels should incorporate job training into their social and economic development programs and encourage and support enterprises, institutions and people's organizations where there are the conditions and individuals to carry out job training in all kinds and forms.Article 68 An employer shall establish a system of job training and draw and use fees for job training according to State regulations and carry out job training of workers in the light of the actual conditions and in a planned way.For technical workers, training shall be given before they take up their posts.Article 69 The State shall classify the occupations and formulate the standards for occupational skills for the jobs provided by the State and introduce the vocational certification system. The examination and assessment organizations approved by the State shall be responsible for the examination and assessment of the job skills of workers.CHAPTER NINE SOCIAL INSURANCE AND WELFAREArticle 70 The State shall develop social insurance undertakings, establish the social insurance system, social insurance fund so that the workers can get assistance and compensation when they reach old age or when falling ill, suffering job injuries, unemployment or giving birth.Article 71 The level of social insurance shall be compatible with the level of economic and social development and the capacity of the society to afford.Article 72 The social insurance funds shall determine its sources according to the type of insurance and gradually be put under the unified arrangements by the society. Employers and workers shall participate in social insurance schemes according to law and pay social insurance fees.Article 73 Workers shall enjoy social insurance treatment according to law in one of the following cases:1. Retirement;2. Falling ill or suffering job injuries;3. Disabled by job injuries or occupational diseases;4. Unemployment;5. Giving birth;After the death of a worker, the dependents shall enjoy dependency allowances.The conditions and standards of social insurance treatment shall be provided for by law or regulations.The social insurance allowances for workers shall be paid in time and in full.Article 74 Social insurance fund organizations shall be responsible for the receipts, expenditure, management and operation of the social insurance fund and undertake to ensure the maintenance and increment of the value of the social insurance fund.Organizations supervising the social insurance fund shall exercise supervision over the receipts, expenditure, management and operation of the social insurance fund according to the relevant provisions of the law.The establishment and functions of social insurance fund organizations and social insurance fund supervision organizations shall be provided for by law.No organization or individual is allowed to use social insurance fund for purposes other than provided.Article 75 The State encourages employers to establish supplementary insurance for their workers in the light of actual conditions.The State advocates for individual workers to engage in savings insurance.Article 76 The State develops social welfare undertakings, build public welfare facilities to provide the conditions for the workers to rest, convalesce and recuperate. Employers shall create the conditions to improve the welfare and raise the welfare benefits of the workers.CHAPTER TEN LABOUR DISPUTESArticle 77 When labour disputes arise between the employers and workers, the parties concerned may, according to law, apply for mediation or arbitration or bring the case before the people's court or may settle them through consultation.Article 78 In settling labour disputes, the principle of legitimacy, fairness and timeliness should be followed in order to safeguard the legitimate rights and interests of the parties to the labour disputes.Article 79 When a labour dispute arises, the parties concerned may apply with the labour dispute mediation committee of their own unit for mediation. Should the mediation failand one of the parties concerned demands arbitration, it may apply with the labour disputes arbitration committee for arbitration. One of the parties concerned may also file an application directly with the labour disputes arbitration committee for arbitration. If the arbitration ruling is not accepted, the case may be brought before the people's court. Article 80 A labour disputes mediation committee may be set up in an employer's unit. The labour disputes mediation committee shall be made up of representatives of workers, the employer and the trade union. The chairmanship of the labour disputes mediation committee shall be taken up by the representative of the trade union.If an agreement has been reached after mediation, the parties to the disputes are obliged to carry out.Article 81 The labour disputes arbitration committee shall be made up of representatives of labour administrative department, trade union at the same level and the employer. The chairmanship of the labour disputes arbitration committee shall be taken up by the representative of the labour administrative department.Article 82 One of the parties to a dispute demanding arbitration should file a written application with the labour disputes arbitration committee within 60 days starting from the date when the dispute arises.The arbitration ruling should usually be awarded within 60 days starting from the date when the application for arbitration is received. If no exception is taken with the arbitration ruling, the parties concerned shall comply.Article 83 If a party to a labour dispute refuses to accept the ruling, the party may bring the case before the people's court within 15 days starting from the date when the arbitration award is received. If a party refuses to bring the case before the people's court and refuses to implement the arbitration ruling within the time limited prescribed by law, the other party may apply with the people's court for compulsory implementation. Article 84 If a dispute arises from the conclusion of a collective contract and the parties concerned fail to settle the disputes through consultation, the labour administrative department of the local people's government may organize all quarters for settlement.If a dispute arising from the performance of a collective contract and yet the parties concerned fail to settle it through consultation, they may apply for arbitration with the labour disputes arbitration committee. If the arbitration ruling is not accepted, the case may be brought before the people's court within 15 days starting from the date when the arbitration award is received.CHAPTER ELEVEN SUPERVISION AND EXAMINATIONArticle 85 The labour administrative departments of the people's governments above the county level shall exercise supervision and examination over the employers with regard。

中华人民共和国劳动合同法英文

中华人民共和国劳动合同法英文

中华人民共和国劳动合同法英文The Labour Contract Law of the People's Republic of China, which was adopted on June 29, 2007, came into effecton January 1, 2008. This law is designed to regulate labor contracts and to ensure the legitimate rights and interestsof workers and employers.The Labour Contract Law provides that employers shallsign written labor contracts with their employees andspecifies the minimum terms and conditions that must be included in such contracts. Employers are also required to provide employees with a safe working environment and enforce occupational safety and health standards.The law defines the different types of employment contracts, including fixed-term, open-ended and project-based contracts, and regulates the renewal and termination of employment contracts. It also establishes standards for severance pay and indemnities in case of termination without cause.Furthermore, the law sets limits on working hours and mandates overtime pay, and gives employees the right to take leave, including annual leave, sick leave and maternity leave. Employers are obliged to remunerate employees for their work and provide them with social insurance benefits such as pensions, medical insurance, and work-related injury insurance.The Labour Contract Law also protects the rights of employees to form trade unions, participate in collective bargaining and strikes, and seek redress for violations oftheir labor rights through legal channels.In recent years, China has undertaken a number of amendments to the Labour Contract Law to further promote employment stability and better protect workers' rights. These amendments include strengthening the regulation of labor dispatch arrangements, expanding the scope of application of the law to cover more types of employment, and establishing clearer standards for labor disputes resolution.Overall, the Labour Contract Law plays a critical role in China's efforts to build a harmonious labor market, safeguard social justice and promote sustainable economic development.。

中华人民共和国劳动法2009(英文版)Labor Law of the People’s Republic of China

中华人民共和国劳动法2009(英文版)Labor Law of the People’s Republic of China

烟台大学法学院法律硕士张川方中华人民共和国劳动法2009Labor Law of the People’s Republic of China(Revised in 2009)Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994, promulgated by No.28 Order of the President of the People’s Republic of China and become effective as of January 1, 1995.Revised according to the Decision of the Standing Committee of the National People’s Congress on the Amendment of Several Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27th, 2009.C-I General ProvisionsArticle 1This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relationships(调整劳动关系), establish and safeguard a labor system(劳动制度)suited to the socialist market economy, and promote economic development and social progress. 2012-7-18 10:32:04Article 2(1) This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the territory of the People’s Republic of China(2) State organs(国家机关), institutional organizations(事业组织) and societies(社会团体) as well as laborers who form a labor contract relationship therewith shall follow this Law.Article 3(1) Laborers shall have the right to be employed on an equal basis(平等就业), choose occupations, obtain remuneration for their labor, take rest, have vacations and leaves, obtain protection of occupational safety and health, receive training vocational skills(接受职业技能培训), enjoy social insurance and welfare, and submit applications for(提请) settlement of labor disputes, and other labor rights as stipulated by law.(2) Laborers shall fulfill their labor tasks, improve their vocational skills, follow rules(执行规程) on occupational safety and health, and observe labor disciplines and professional ethics(职业道德). Article 4The employing units shall establish and perfect rules and regulations(完善规章制度)in accordance with the law so as to ensure that laborers enjoy the labor rights and fulfill the labor obligations. Article 5The State shall take various measures to promote employment, develop vocational education, lay down labor standards(制定劳动标准), regulate social incomes, perfect social insurance system, coordinate labor relationships, and gradually raise the living standard of laborers.Article 6The State shall advocate the participation of laborers in social voluntary labor and the development of labor competitions and activities of forwarding rational proposals; encourage and protect scientific research and technical renovation engaged by laborers as well as their inventionsand creations; and commend and award(表彰和奖励) labor models(劳动模范) and advanced workers(先进工作者).Article 7(1) Laborers shall have the right to participate in and organize trade unions in accordance with the law.(2) Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct(独立自主地开展) their activities in accordance with the law.Article 8Laborers shall, through the assembly of staff and workers(职工大会) or their congress, or other forms in accordance with the provisions of the law, take part in democratic management or consult with the employing units on an equal footing(平等协商) about the protection of the legitimate rights and interests of laborers.Article 9(1) The labor administrative department of the State Council shall be in charge of the labor work(劳动工作) of the whole country.(2) The labor administrative department of the local people’s government at or above the county level shall be in charge of the labor work in the administrative area under their respective jurisdiction(本行政区域内).C-II Promotion of EmploymentArticle 10(1) The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.(2) The State shall encourage enterprises, institutional organizations, and societies to initiate industries(兴办产业) or expand businesses(拓展经营) for the increase of employment(增加就业) within the scope of the stipulations of laws and administrative rules and regulations.(3) The State shall support laborers to get jobs by organizing themselves on a voluntary basis(自愿组织起来) or by engaging in individual businesses(个体经营).Article 11Local people’s governments at all levels shall take measures to develop various kinds of job-introduction agencies(职业介绍机构) and provide employment services(就业服务).Article 12Laborers shall not be discriminated against their ethnic community(民族), race, sex, or religious belief in employment.Article 13(1) Females shall enjoy equal rights as males in employment.(2) It shall not be allowed, in the recruitment of staff and workers, to use sex as a pretext(以性别为由)for excluding females from employment or to raise recruitment standards for females, except for the types of work(工种) or posts that are not suitable for females as stipulated by the State.Article 14Where there are special stipulations in laws, rules and regulations(法规) on the employment of the disabled, the personnel of minority group, and the demobilized army(退役军人), such special stipulations shall apply.Article 15(1) No employing units shall be allowed to recruit juveniles under the age of 16.(2) Units of literature and art(文艺), physical culture and sport(体育), and special arts and crafts(特种工艺) 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(义务教育).C-III Labor Contracts and Collective ContractsArticle 16(1) A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition(明确)of the rights and obligations of each party.(2) A labor contract shall be concluded where a labor relationship is to be established.Article 17(1) Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation (协商一致), and shall not run counter to(违反)the stipulations of laws and administrative rules and regulations.(2) A labor contract once concluded in accordance with the law shall possess legal binding force(法律约束力). The parties involved must fulfill the obligations as stipulated in the labor contract.Article 18(1) The following labor contracts shall be invalid:(a) labor contracts concluded in violation of laws or administrative rules and regulations; and(b) labor contracts concluded by resorting to(采取) such measures as fraud and intimidation(威胁).(2) An invalid labor contract shall have no legal binding force from the very beginning of its conclusion.(3) Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.(4) The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people’s court.Article 19(1) A labor contract shall be concluded in written form and shall contain the following clauses:(a) term of a labor contract;(b) content of work;(c) labor protection and conditions of work(工作条件);(d) labor remuneration;(e) labor discipline;(f) conditions for the termination of a labor contract; and(g) responsibility for the violation of a labor contract.(2) Apart from the required clauses specified in the preceding paragraph, other content in a labor contract may be agreed upon through consultation(协商约定) by the parties involved.Article 20(1) The term of a labor contract shall be divided into fixed term(固定期限), flexible term(无固定期限) or taking the completion of a specific amount of work(一定的工作) as a term.(2) In case a laborer has kept working in the same employing unit for ten years or more and the parties involved agree to extend the term of the labor contract, a labor contract with a flexible term(无固定期限的劳动合同) shall be concluded between them if the laborer so requested.Article 21A probation period may be agreed upon in a labor contract. The longest probation period shall not exceed six months. 法律硕士张川方Article 22The parties involved in a labor contract may reach an agreement in their labor contract on matters concerning keeping the commercial secrets of the employing unit.Article 23A labor contract shall terminate upon(终止) the expiration of its term or the emergence of the conditions for the termination of the labor contract as agreed upon by the parties involved.Article 24A labor contract may be revoked upon(解除) agreement reached between the parties involved through consultation.Article 25The employing unit may revoke the labor contract with a laborer 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 labor 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(严重失职)or engagement in malpractice for selfish ends(营私舞弊); and(4) to be investigated for criminal responsibility in accordance with the law.Article 26In any of the following circumstances, the employing unit may revoke a labor contract but a written notification (以书面形式通知)shall be given to the laborer 30 days in advance:(1) where a laborer is unable to take up his original work(从事原工作) or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work(非因工负伤);(2) where a laborer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to another post(调整工作岗位); and(3) no agreement on modification of the labor 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(发生重大变化) so that the original labor contract can no longer be carried out.Article 27(1) Where the employing unit comes to the brink of bankruptcy(濒临破产) and is in the process of statutory consolidation(法定整顿), or where the employing unit runs deep into difficulties(发生严重困难) in production and management, and if reduction of its personnel(裁减人员) 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(听取意见) therefrom and reported to the labor administrative department.(2) Where the employing unit is to recruit personnel within six months after the personnel reduction has been effected(已实现)according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed.Article 28The employing unit shall make economic compensations(给予经济补偿) in accordance with the relevant provisions of the State if it revokes labor contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.Article 29The employing unit shall not revoke the labor contract with a laborer in accordance with the stipulations in Article 26 and Article 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(职业病) or injuries suffered at work(因工负伤);(2) to be within the prescribed period of medical treatment for diseases or injuries;(3) to be a female staff member or worker during pregnant, puerperal(分娩的,产后的), or breast-feeding period; or(4) other circumstances stipulated by laws or administrative rules and regulations.Article 30The trade union of an employing unit shall have the right to air its opinions(提出意见) if it regards as inappropriate the revocation of a labor contract by the unit. If the employing unit violates laws, rules and regulations(法规) or labor contracts, the trade union shall have the right to request for reconsideration(要求重新处理). Where the laborer applies for arbitration or institutes a lawsuit, the trade union shall render him support and assistance(给予支持和帮助) in accordance with the law. Article 31A laborer who intends to revoke his labor contract shall give a written notice to the employing unit 30 days in advance.Article 32A laborer may notify at any time the employing unit of his decision to revoke the labor contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the laborer to work by resorting to violence, intimidation orillegal restriction of personal freedom(非法限制人身自由); or(3) failure on the part of the employing unit to pay labor remuneration or to provide working conditions (劳动条件) as agreed upon in the labor contract.Article 33(1) The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labor 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.(2) A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise. In an enterprise where the trade union has not yet been set up, such contract shall be concluded by the representatives elected by the staff and workers with the enterprise. Article 34A collective contract shall be submitted to the labor administrative department after its conclusion. The collective contract shall go into effect automatically(即行生效) if no objections are raised by the labor administrative department within 15 days from the date of receipt of the text of the contract(合同文本).Article 35A collective contract 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 labor remuneration agreed upon in labor contracts concluded between individual laborers and the enterprise(职工个人与企业) shall not be lower than those as stipulated in the collective contract.C-IV Working Hours, Rest and VacationsArticle 36The State shall practise a working hour system(实行工时制度) under which laborers shall work for no more than eight hours a day and no more than 44 hours a week on the average.Article 37In the case of laborers working on the basis of piecework(计件工作), the employing unit shall rationally fix quotas of work(劳动定额) and standards on piecework remuneration(计件报酬)in accordance with the working hour system stipulated in Article 36 of this Law.Article 38The employing unit shall guarantee that its staff and workers have at least one day off in a week. Article 39Where an enterprise can not follow the stipulations in Article 36 and Article 38 of this Law due to its special production nature(因生产特点), it may adopt other rules on working hours and rest with the approval of the labor administrative department.Article 40The employing unit shall arrange holidays for laborers(安排劳动者休假) in accordance with thelaw during the following festivals:(1) the New Year’s Day;(2) the Spring Festival;(3) the International Labor Day;(4) the National Day; and(5) other holidays(休假节日,节假日) stipulated by laws, rules and regulations.Article 41The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and laborers, but the extended working hours shall generally not exceed 1 hour a day. If such extension is called for due to special reasons, the extended working hours shall not exceed 3 hours a day under the condition that(在…的条件下) the health of laborers is guaranteed. However, the total extension in a month(每月总延时) shall not exceed 36 hours.Article 42The extension of working hours shall not be subject to restriction 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(发生) natural disasters, accidents or other reasons that threaten the life, health and the safety of property of laborers;(2) where prompt rush repair(及时抢修) is needed in the event of breakdown(发生故障) of production equipments, transportation lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Article 43The employing unit shall not extend working hours of laborers in violation of the provisions of this Law.Article 44The employing unit shall, according to the following standards, pay laborer remunerations higher than those for normal working hours under any of the following circumstances:(1) to pay no less than 150 percent of the normal wage if the extension of working hours is arranged;(2) to pay no less than 200 percent of the normal wage if the extended hours are arranged on days of rest(休息日) and no deferred rest can be taken(不能安排补休); and(3) to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays(法定休假日).Article 45The State shall practise a system of annual vacation with pay(带薪年休假制度). Laborers who have kept working for one year and more in one enterprise shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.C-V WageArticle 46(1) The distribution of wage shall follow the principle of distribution according to work(按劳分配) and equal pay for equal work.(2) The level of wage shall be gradually raised on the basis of economic development. The State shall exercise macro-regulation and control(宏观调控) over the total payroll(工资总量).Article 47The employing unit shall independently determine(自主确定) 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(经济效益).Article 48(1) The State shall implement a system of guaranteed minimum wages(最低工资保障制度). Specific standards on minimum wages shall be determined by the People’s government of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record(备案).(2) Wages paid to laborers by the employing unit shall not be lower than the local standards on minimum wages(当地最低工资标准).Article 49The determination and adjustment of the standards on minimum wages shall be made with reference to(参考) the following factors in a comprehensive manner:(1) the lowest living expenses of laborers themselves and the average family members they support(平均赡养人口);(2) the average wage level of the society as a whole;(3) labor productivity(劳动生产率);(4) the situation of employment; and(5) the different levels of economic development between regions.Article 50Wages shall be paid monthly to laborers themselves in the form of currency. Wages paid to laborers shall not be deducted or delayed without justification(无故拖欠).Article 51The employing unit shall pay wages according to law to laborers who observe statutory holidays(在法定休假日), take leaves during the period of marriage or funeral(在婚丧假期间), or participate in social activities in accordance with law.C-VI Occupational Safety and HealthArticle 52The employing unit must establish and perfect the system for occupational safety and health(劳动安全卫生), strictly implement the rules and standards(规程和标准) of the State on occupational safety and health, educate laborers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards(职业危害).Article 53(1) Facilities for occupational safety and health must meet the standards stipulated by the State.(2) Facilities for occupational safety and health installed in a new, rebuilt or expanded project must be designed, constructed and put into operation and use at the same time as the main project.Article 54An employing unit must provide laborers with occupational safety and health conditions conforming to the provisions of the State and necessary articles for labor protection(劳动防护用品), and provide regular health examinations(定期进行健康检查) for laborers engaged in work with occupational hazards.Article 55Laborers to be engaged in special operations(特种作业) must receive specialized training(专门培训) and acquire qualifications for such special operations.Article 56(1) Laborers must strictly abide by rules of safe operation(安全操作规程) in the process of their work.(2) Laborers 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(违章指挥) or force laborers to run risks in operation(强令冒险作业). Laborers shall have the right to criticize, report or file charges against(控告) the acts endangering the safety of their life and health.Article 57The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths(伤亡事故), and cases of occupational diseases(职业病状况). The labor administrative department and other relevant departments of the people’s government at or above the county level and the employing unit shall, according to law, compile statistics(进行统计), report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.C-VII Special Protection for Female and Juvenile WorkersArticle 58(1) The State shall provide female workers and juvenile workers with special labor protection.(2) “Juvenile workers” hereby refer to laborers above the age of 16 but under the age of 18.Article 59It is prohibited to arrange female workers to engage in work down the pit of mines(矿山井下劳动), or work with Grade IV physical labor intensity(从事第四级体力劳动强度劳动) as stipulated by the State, or other work that female workers should avoid(禁忌从事).Article 60During their menstrual period(经期), female workers shall not be arranged to engage in work high above the ground, under low temperature, or in cold water(高处、低温、冷水作业) or work with Grade III physical labor intensity as stipulated by the State.Article 61During their pregnancy, female workers shall not be arranged to engage in work with Grade IIIphysical labor 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(夜班劳动).Article 62After childbirth, female workers shall be entitled to no less than ninety days of maternity leave with pay(带薪产假).Article 63During the period of breast-feeding(哺乳期间)their babies less than one year old, female workers shall not be arranged to engage in work with Grade III physical labor intensity as stipulated by the State or other labor that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts.Article 64No 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 labor intensity as stipulated by the State, or other work that they should avoid.Article 65 An employing unit shall provide regular health examinations to juvenile workers.C-VIII Vocational TrainingArticle 66The State shall take various measures through various channels to expand vocational training undertakings(职业培训事业) so as to develop professional skills of laborers, improve their quality, and raise their employment capability(就业能力) and working ability(工作能力).Article 67The people’s government at various levels shall incorporate the development of vocational training in the plan of social and economic development, encourage and support all enterprises, institutional organizations, societies and individuals, where conditions permit(有条件的), to sponsor all kinds of vocational training(进行各种形式的职业培训).Article 68An employing unit shall establish a system for vocational training, raise and use(提取和使用) funds for vocational training in accordance with the provisions of the State, and provide laborers with vocational training in a planned way and in the light of(根据) the actual situation of the unit. Laborers to be engaged in technical work(技术工种) must receive pre-job training(岗前培训) before taking up their posts.Article 69The State shall determine occupational classification(职业分类), set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates(职业资格证书). Examination and verification organizations(考核鉴定机构)authorized by the government are in charge of the examination and verification of the professional skills(职业技能,一技之长) of laborers.C-IX Social Insurance and WelfareArticle 70The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so that laborers may receive assistance and compensations under such circumstances as old age(年老), illness(患病), work-related injury(工伤), unemployment and child-bearing(生育).Article 71The level of social insurance shall be in proportion to(相适应) the level of social and economic development and the social affordability(社会承受能力).Article 72The sources of social insurance funds shall be determined according to the categories of insurance(保险类型), and an overall pooling(统筹) of insurance funds from the society shall be introduced step by step(逐步实行). The employing unit and laborers must participate in social insurance and pay social insurance premiums in accordance with the law.Article 73(1) Laborers shall, in accordance with the law, enjoy social insurance benefits(享受社会保险待遇) under the following circumstances: retirement, illness or injury, injury or disability caused by work(因工伤残) or occupational disease, unemployment, and child-bearing.(2) The survivors of the insured laborers shall be entitled to subsidies for survivors(遗属津贴) in accordance with the law.(3) The conditions and standards for laborers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.(4) The social insurance amount(社会保险金)that laborers are entitled to must be paid on time and in full.Article 74(1) The agencies in charge of(经办机构) 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(保值增值) of these funds.(2) The supervisory organizations(监督机构) 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.(3) The establishment and function of the agencies in charge of and the supervisory organizations of social insurance funds shall be stipulated by laws.(4) No organization or individual shall be allowed to misappropriate(挪用) social insurance funds. Article 75The State shall encourage the employing unit to set up supplementary insurance(补充保险) for laborers according to its practical situations(实际情况). The State shall advocate that laborers practise individual insurance in the form of savings account(储蓄性保险).The State shall develop social welfare undertakings, construct public welfare facilities, and provide laborers with conditions for taking rest, recuperation and rehabilitation(休息、休养和疗养). The employing unit shall create conditions so as to improve collective welfare(改善集体福利) and raise welfare benefits of laborers.C-X Labor DisputesArticle 77Where a labor dispute between the employing unit and the laborer takes place, the parties concerned may apply for mediation or arbitration, take legal proceedings(提起诉讼), or seek for a settlement through consultation(协商解决). The principle of mediation shall apply to the procedures of arbitration and lawsuit.Article 78The settlement of a labor dispute shall follow the principle of legality, fairness and promptness so as to safeguard in accordance with the law the legitimate rights and interests of the parties involved. Article 79(1) Where a labor dispute takes place, the parties involved may apply to the labor dispute mediation committee of their unit for mediation(本单位劳动争议调解委员会). If the mediation fails and either party requests for arbitration, that party may apply to the labor dispute arbitration committee for arbitration.(2) Either party may also directly apply to the labor dispute arbitration committee for arbitration. If either party is not satisfied with the adjudication of arbitration(仲裁裁决), the party may bring the case to the people’s court.Article 80A labor dispute mediation committee may be established inside an 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(由…担任) a representative of the trade union. An agreement reached on labor disputes through mediation shall be implemented by the parties involved.Article 81A labor dispute arbitration committee shall be composed of representatives of the labor administrative department, representatives from the trade union at the corresponding level(同级工会), and representatives of the employing unit. The chairman of the committee shall be held by a representative of the labor administrative department.Article 82The party that requests for arbitration shall file a written application to the labor dispute arbitration committee within 60 days from the date of the occurrence of a labor dispute. The arbitration committee shall generally make an adjudication(作出仲裁裁决) within 60 days from the date of receiving the application. The parties involved must implement the adjudication if no objections are raised.。

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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)。

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