巴基斯坦劳动法-英文版笔记-2014
HR必备劳动法律英语
HR必备劳动法律英语(一)Labor law劳动法labor relation 劳动关系social insurance protection and welfare社会保险和福利labor discipline 劳动纪律 professional ethics职业道德.trade unions 工会 collective contract集体合同the conclusion and revision of labor contract订立和变更劳动合同invalid labor contracts 无效劳动合同term of the labor contract劳动合同期限remuneration劳动报酬terminate the labor contract终止劳动合同responsibilities for violating the labor contract.违反劳动合同的责任trial execution /the period of trial use试用期contractual labor relationship劳动合同关系dissolve a labor contract解除劳动合同economic compensation经济补偿occupational diseases 职业病job injuries工伤extend the working hours 延长工作时间statutory holidays法定假日 minimum wage 最低工资maternity leave产假vocational training 职业培训the social insurance社会保险labor disputes劳动争议legitimate rights and interests 法定权益the labor disputes arbitration 劳动争议仲裁HR必备劳动法律英语(二)Annual bonus：年终分红Business secrets 商业秘密Collective bargaining：集体谈判Compensation Liability:赔偿责任Confidential clauses:保密条款Day-to-day collective bargaining：日常集体谈判Defined benefit：固定福利Discipline：纪律Dismissal：解雇；开除Downsizing：精简Employee stock ownership plan ：雇员持股计划Economic compensations经济补偿Exit interviews：离职面谈Flexible benefits programs：弹性福利计划Individual retirement account ：个人退休账户Joint Liability:连带责任Labor protection benefit:劳动保障待遇On-the-job training (OJT) ：在职培训Pay grade：工资等级Pension benefits：退休金福利Pension plans：退休金计划Performance Appraisal:工作绩效评价Pregnancy discrimination：怀孕歧视Retirement benefits：退休福利Retirement counseling：退休前咨询Special awards：特殊奖励Standard hour plan：标准工时工资Supplemental unemployment benefits：补充失业福利Severance pay：离职金Sick leave：病假Termination：解雇；终止Termination at will：随意终止Training expenses:培训费用Unemployment insurance：失业保险Variable compensation：可变报酬Voluntary time off：自愿减少时间Work samples：工作样本Worker's benefits：雇员福利HR必备劳动法律英语(三)ArbitrationWhere it is available, a method of settling a labor-management disput e by having an impartial third party hold a formal hearing, take test imony and render a decision. The decision is usually binding upon the parties.AwardThe decision of an arbitrator in a dispute. The arbitrator's award is based upon the evidence presented, the agreement and the arguments o f both parties. In labor arbitration, the arbitrator's reasons are ge nerally expressed in the form of a written opinion, which accompanies the award.Collective BargainingA method of mutually determining wages, hours and terms and condition s of employment through negotiations between representatives of the e mployer and the union.Collective Bargaining AgreementA written agreement or contract that is the result of negotiations be tween an employer and a union. It sets out the conditions of employme nt (wages, hours, benefits, etc.) and ways to settle disputes arising during the term of the contract.Confidential clausesThe confidential information exemption can no longer be claimed in relation to any contract unless the contract contains a confidentiality clause.Economic CompensationEconomic compensation provides workers, whose jobs have been terminat ed through no fault of their own. Economic compensation is intended t o provide an unemployed worker time to find a new job equivalent to t he one lost without financial distress.ImpasseA deadlock in negotiations. After bargaining in good faith, the parti es have failed the reach an agreement on one or more issues.Labor OrganizerA person usually employed by a union (usually the regional or interna tional union), whose function it is to enlist the employees of a part icular employer to join the union.Labor ContractThe resulting agreement reached by the parties during the negotiation s/bargaining process. Also known as a collective bargaining agreement or contract.Non-compete agreementA non-compete agreement is typically signed by a new employee as a co ndition of employment. If the employee later leaves the company, a we ll-written non-competition agreement prevents former employees from c ompeting with the company, recruiting other employees, or misusing co nfidential information such as customer databases. Such an agreement should always be used when hiring a key employee, as defined by the p arameters of the business. A non-compete agreement is particularly us eful for employees who have access to critical information, either th rough job responsibility or through social interactions with owners o r high-level executives. Every business should consider having its ke y employees or sales people sign this contract as part of their emplo yment agreement. If the employee later leaves the company, this agree ment will prevent them from competing with the company.Public EmployeeA person who is employed by a municipal, county, state, or federal ag ency or state college or university.SupervisorAn individual (regardless of his/her job description or title) having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees of the employer. A supervisory employee is also one who has responsibility for directing employees, answering their griev ances, or recommending disciplinary action, if authority is not merel y clerical but requires independent judgment.AAction learning：行动学习Alternation ranking method：交替排序法Annual bonus：年终分红Application forms：工作申请表Appraisal interview：评价面试Aptitudes：资质Arbitration：仲裁Attendance incentive plan：参与式激励计划Authority：职权BBehavior modeling：行为模拟Behaviorally anchored rating scale (bars)：行为锚定等级评价法Benchmark job：基准职位Benefits：福利Bias：个人偏见Boycott：联合抵制Bumping/layoff procedures：工作替换/临时解雇程序Burnout：耗竭CCandidate-order error：候选人次序错误Capital accumulation program：资本积累方案Career anchors：耙得?nbsp;Career cycle：职业周期Career planning and development：职业规划与职业发展Case study method：案例研究方法Central tendency：居中趋势Citations：传讯Civil Rights Act：民权法Classes：类Classification (or grading) method：归类（或分级）法Collective bargaining：集体谈判Comparable worth：可比价值Compensable factor：报酬因素Computerized forecast：计算机化预测Content validity：内容效度Criterion validity：效标效度Critical incident method：关键事件法DDavis-Bacon Act (DBA)：戴维斯―佩根法案Day-to-day-collective bargaining：日常集体谈判Decline stage：下降阶段Deferred profit-sharing plan：延期利润分享计划Defined benefit：固定福利Defined contribution：固定缴款Department of Labor job analysis：劳工部工作分析法Discipline：纪律Dismissal：解雇；开除Downsizing：精简EEarly retirement window：提前退休窗口Economic strike：经济罢工Edgar Schein：艾德加•施恩Employee compensation：职员报酬Employee orientation：雇员上岗引导Employee Retirement Income Security Act (ERISA) ：雇员退休收入保障法案Employee services benefits：雇员服务福利Employee stock ownership plan (ESOP) ：雇员持股计划Equal Pay Act：公平工资法Establishment stage：确立阶段Exit interviews：离职面谈Expectancy chart：期望图表Experimentation：实验Exploration stage：探索阶段FFact-finder：调查Fair day's work：公平日工作Fair Labor Standards Act：公平劳动标准法案Flexible benefits programs：弹性福利计划Flex place：弹性工作地点Flextime：弹性工作时间Forced distribution method：强制分布法Four-day workweek：每周4天工作制Frederick Taylor：弗雷德里克•泰罗Functional control：职能控制Functional job analysis：功能性工作分析法GGeneral economic conditions：一般经济状况Golden offerings：高龄给付Good faith bargaining：真诚的谈判Grade description：等级说明书Grades：等级Graphic rating scale：图尺度评价法Grid training：方格训练Grievance：抱怨Grievance procedure：抱怨程序Group life insurance：团体人寿保险Group pension plan：团体退休金计划Growth stage：成长阶段Guarantee corporation：担保公司Guaranteed fair treatment：有保证的公平对待Guaranteed piecework plan：有保障的计件工资制Gain sharing：收益分享HHalo effect：晕轮效应Health maintenance organization (HMO) ：健康维持组织IIllegal bargaining：非法谈判项目Impasse：僵持Implied authority：隐含职权Incentive plan：激励计划Individual retirement account (IRA) ：个人退休账户In-house development center：企业内部开发中心Insubordination：不服从Insurance benefits：保险福利Interviews：谈话；面谈JJob analysis：工作分析Job description：工作描述Job evaluation：职位评价Job instruction training (JIT) ：工作指导培训Job posting：工作公告Job rotation：工作轮换Job sharing：工作分组Job specifications：工作说明书John Holland：约翰•霍兰德Junior board：初级董事会LLayoff：临时解雇Leader attach training：领导者匹配训练Lifetime employment without guarantees：无保证终身解雇Line manager：直线管理者Local market conditions：地方劳动力市场Lockout：闭厂MMaintenance stage：维持阶段Management assessment center：管理评价中心Management by objectives (MBO) ：目标管理法Management game：管理竞赛Management grid：管理方格训练Management process：管理过程Mandatory bargaining：强制谈判项目Mediation：调解Merit pay：绩效工资Merit raise：绩效加薪Mid career crisis sub stage：中期职业危机阶段NNondirective interview：非定向面试OOccupational market conditions：职业市场状况Occupational orientation：职业性向Occupational Safety and Health Act：职业安全与健康法案Occupational Safety and Health Administration (OSHA) ：职业安全与健康管理局Occupational skills：职业技能On-the-job training (OJT) ：在职培训Open-door：敞开门户Opinion survey：意见调查Organization development(OD) ：组织发展Outplacement counseling：向外安置顾问PPaired comparison method：配对比较法Panel interview：小组面试Participant diary/logs：现场工人日记/日志Pay grade：工资等级Pension benefits：退休金福利Pension plans：退休金计划People-first values："以人为本"的价值观Performance analysis：工作绩效分析Performance Appraisal interview:工作绩效评价面谈Personnel (or human resource) management：人事（或人力资源）管理Personnel replacement charts：人事调配图Piecework：计件Plant Closing law：工厂关闭法Point method/Policies：政策Position Analysis Questionnaire (PAQ) ：职位分析问卷Position replacement cards：职位调配卡Pregnancy discrimination act：怀孕歧视法案Profit-sharing plan利润分享计划Programmed learning：程序化教学QQualifications inventories：资格数据库Quality circle：质量圈RRanking method：排序法Rate ranges：工资率系列Ratio analysis：比率分析Reality shock：现实冲击 Reliability：信度Retirement：退休Retirement benefits：退休福利Retirement counseling：退休前咨询Rings of defense：保护圈Role playing：角色扮演SSkip-level interview：越级谈话Social security：社会保障Speak up! ：讲出来！Special awards：特殊奖励Special management development techniques：特殊的管理开发技术Stabilization sub stage：稳定阶段Staff (service) function：职能（服务）功能Standard hour plan：标准工时工资Stock option：股票期权Straight piecework：直接计件制Strategic plan：战略规划Stress interview：压力面试Strictness/leniency：偏紧/偏松Strikes：罢工Structured interview：结构化面试Succession planning：接班计划Supplement pay benefits：补充报酬福利Supplemental unemployment benefits：补充失业福利Salary surveys：薪资调查Savings plan：储蓄计划Scallion plan：斯坎伦计划Scatter plot：散点分析Scientific management：科学管理Self directed teams：自我指导工作小组Self-actualization：自我实现Sensitivity training：敏感性训练Serialized interview：系列化面试Severance pay：离职金Sick leave：病假Situational interview：情境面试Survey feedback：调查反馈Sympathy strike：同情罢工System Ⅳ组织体系ⅣSystem I：组织体系ⅠTTask analysis：任务分析Team building：团队建设Team or group：班组Termination：解雇；终止Termination at will：随意终止Theory X：X理论Theory Y：Y理论Third-party involvement：第三方介入Training：培训Transactional analysis (TA) ：人际关系心理分析Trend analysis：趋势分析Trial sub stage：尝试阶段UUnsafe conditions：不安全环境Unclear performance standards：绩效评价标准不清Unemployment insurance：失业保险Unfair labor practice strike：不正当劳工活动罢工Unsafe acts：不安全行为VValidity：效度Value-based hiring：以价值观为基础的雇佣Vroom-Yetton leadership trainman：维罗姆-耶顿领导能力训练Variable compensation：可变报酬Vestibule or simulated training：新雇员培训或模拟Vesting：特别保护权Voluntary bargaining：自愿谈判项目Voluntary pay cut：自愿减少工资方案Voluntary time off：自愿减少时间WWage carve：工资曲线Work samples：工作样本Work sampling technique：工作样本技术Work sharing：临时性工作分担Worker involvement：雇员参与计划Worker's benefits：雇员福利。
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)。
劳动法英文讲座
劳动法英文讲座Labor Law LectureIntroduction:Labor law plays a crucial role in regulating the relationship between employers and employees, ensuring fair treatment and protection of workers' rights. In this lecture, we will provide an overview of labor law and its significance, discussing key principles, rights, and obligations of both parties involved.1. Definition and Significance of Labor Law:Labor law, also known as employment law or labor relations law, refers to the legal framework that governs the rights, obligations, and protections of workers and employers. Its primary objective is to create a balance of power in the workplace, ensuring fair treatment and preventing exploitation.Labor law is essential to protect workers from unfair practices, such as discrimination, harassment, and wrongful dismissal. It also establishes guidelines for working conditions, minimum wages, maximum working hours, and occupational health and safety.2. Key Principles of Labor Law:a) Freedom of Association: Labor law guarantees workers' right to form and join trade unions or employee associations. It allows employees to collectively bargain with employers to negotiate better working conditions and terms of employment.b) Non-Discrimination: Labor law prohibits discrimination based on race, gender, religion, age, disability, or any other protected characteristic. It ensures equal employment opportunities for all individuals.c) Minimum Wage: Labor laws establish a minimum wage, which is the lowest amount employers can legally pay their employees. This provision aims to prevent exploitation and poverty wages.d) Working Hours: Labor law sets limits on the maximum number of hours employees can work per day or week. It also entitles workers to rest breaks, meal breaks, and overtime pay.e) Health and Safety: Labor law imposes obligations on employers to provide a safe and healthy working environment. It includes provisions for ergonomics, hazard identification, safety training, and protective equipment.3. Rights and Obligations of Employers:a) Employment Contracts: Employers have the right to enter into contracts with employees, defining the terms and conditions of employment. These contracts typically include provisions regarding wages, working hours, leave entitlements, and termination procedures.b) Compliance with Labor Laws: Employers are obligated to comply with all labor laws and regulations applicable to their industry. This includes adherence to minimum wage requirements, proper record-keeping, providing required benefits, and ensuring safe working conditions.c) Non-Discrimination: Employers must not engage in any form of discrimination during the hiring process, promotion, or termination. They should treat all employees fairly and equally, regardless of their protected characteristics.d) Payment of Wages: Employers are responsible for paying employees accurately and on time. They should maintain proper payroll records and provide pay stubs that detail earnings and deductions.e) Health and Safety: Employers have a duty to maintain a safe working environment. This includes regular inspections, risk assessments, proper training, and necessaryprotective measures. They must also provide appropriate compensation and benefits in case of work-related injuries or illnesses.4. Rights and Obligations of Employees:a) Fair Treatment: Employees have the right to be treated fairly and with dignity. They should not face discrimination, harassment, or unfair treatment in the workplace.b) Wages and Benefits: Employees have the right to receive their agreed-upon wages, bonuses, and benefits. They can also expect proper deductions, such as taxes and social security contributions.c) Safe Working Conditions: Employees have the right to work in a safe and healthy environment. They should be provided with necessary protective equipment and receive adequate training on using it.d) Rest and Leave Entitlements: Employees are entitled to rest breaks, meal breaks, and annual leave as per labor laws and their employment contract. They should be given sufficient time off to maintain a healthy work-life balance.e) Grievance and Dispute Resolution: Employees have the right to raise grievancesor complaints regarding their employment. Labor laws often outline procedures for resolving disputes, such as through mediation or arbitration.Conclusion:Labor law serves as a vital mechanism to protect the rights and interests of both employers and employees. It establishes a fair and productive working environment by addressing issues related to wages, working conditions, discrimination, and dispute resolution. By understanding labor law, individuals can ensure their rights are protected and contribute to a more equitable and harmonious workplace.。
中华人民共和国劳动法(英文版)
Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSCHAPTER V. W AGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCA TIONAL TRAININGCHAPTER IX. SOCIAL INSURANCE AND WELFARECHAPTER X. LABOUR DISPUTESCHAPTER XI. SUPERVISION AND INSPECTIONCHAPTER XII. LEGAL RESPONSIBILITYCHAPTER XIII. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females fromemployment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education.CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation bythe parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out. Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:(1) to be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work;(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;(3) to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations,occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays stipulated by laws and regulations.Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due tospecial reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed 36 hours.Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.Section 45. The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. (To be continued)。
SA8000-2014(中文版和英文版)
Social Accountability 80002014版SA8000 國際標準（最新英中文本）International Standard by Social Accountability InternationalJune 2014SA8000®: 2014Supersedes previous versions: 2001, 2004 and 2008The official language of this Standard and supporting documents is English. In the case of inconsistency between versions, reference shall default to the English version.Contents 內容I. INTRODUCTION 前言1. Intent and Scope 目的與範圍2. Management System 管理體系II. NORMATIVE ELEMENTS AND THEIR INTERPRETATION 規範性原則及其解釋III. DEFINITIONS 定義IV. SOCIAL ACCOUNTABILITY REQUIREMENTS 社會責任規範1. Child Labour 童工2. Forced or Compulsory Labour強迫或強制性勞動3. Health and Safety 健康與安全4. Freedom of Association & Right to Collective Bargaining 自由結社及集體談判權利5. Discrimination 歧視6. Disciplinary Practices 懲戒性措施7. Working Hours 工作時間8. Remuneration 工資9. Management System 管理體系I．INTRODUCTION 前言1. Intent and Scope 目的與範圍Intent: The intent of SA8000 is to provide an auditable, voluntary standard, based on the UN Declaration of Human Rights, ILO and other international human rights and labour norms and national labour laws, to empower and protect all personnel within an organisatio n’s control and influence who provide products or services for that organisation, including personnel employed by the organisation itself and by its suppliers, sub-contractors, sub-suppliers and home workers. It is intended that an organisation shall comply with this Standard through an appropriate and effective Management System.目的：本標準目的在於提供一個基於聯合國人權宣言，國際勞工組織（ILO）和其他國際人權慣例，勞動定額標準以及國家法律的標準，授權並保護所有在公司控制和影響範圍內的生產或服務人員，包括公司自己及其供應商，分包商，分包方雇用的員工和家庭工人。
【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。
【精品】劳动法英文版LaborLawofthePRC
【关键字】精品休息法Labour 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 and promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994)ContentsChapter I General ProvisionsChapter II Promotion of EmploymentChapter III Labour Contracts and Collective ContractsChapter IV Working Hours, Rest and VacationsChapter V WagesChapter VI Occupational Safety and HealthChapter VII Special Protection for Female Staff and Workers andJuvenile WorkersChapter VIII Vocational TrainingChapter IX Social Insurance and WelfareChapter X Labour DisputesChapter XI Supervision and InspectionChapter XII Legal ResponsibilityChapter XIII Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, regulate labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employing units) and labourers who form a labour relationship therewith within the territory of the People's Republic of China.State organs, institutions and public organizations as well as labourers who form a labourcontract relationship therewith shall be bound by this Law.Article 3 Labourers shall have equal right to employment and choice of occupation, the right to remuneration for labour, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of labour disputes for settlement and other rights relating to labour stipulated by law.Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Article 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.Article 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.Article 6 The State shall advocate the participation of labourers in social voluntary labour and the unfolding of labour emulation and rational proposals campaign, encourage and protect labourersin conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers.Article 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 carry out their activities in accordance with the law.Article 8 Labourers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of labourers through the assembly of staff and workers or their congress or other forms as provided by law.Article 9 The administrative department of labour under the State Council shall be in charge of the management of labour in the whole country.The administrative departments of labour under the local people's governments at or above the county level shall be in charge of the management of labour in their respective administrative areas.Chapter IIPromotion of EmploymentArticle 10 The State shall create conditions for employment and increase opportunities therefore by means of promotion of economic and social development.The State shall encourage enterprises, institutions and public organizations to initiate industries or expand businesses for the increase of employment, within the scope provided by laws, and administrative rules and regulations.The State shall support labourers to achieve employment by organizing themselves on a voluntary basis or by engaging in individual businesses.Article 11 Local people's governments at various levels shall take measures, by developing employment agencies of various forms, to provide employment services.Article 12 Labourers, regardless of their ethnic group, race, sex, or religious belief, shall not be discriminated against in employment.Article 13 Women shall enjoy the equal right, with men, to employment. With exception of the special types of work or post unsuitable to women as prescribed by the State, no unit may, in employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women.Article 14 In respect of the employment of the disabled, people of minority ethnic groups, and demobilized armymen, where there are special stipulations in laws, rules and regulations, such stipulations shall apply.Article 15 No employing units are allowed to recruit minors under the age of 16.Institutions of literature and art, physical culture, and special arts and crafts that recruit minors under the age of 16 must go through the formalities of examination and approval in accordance with the relevant provisions of the State and guarantee their right to compulsory education.Chapter IIILabour Contracts and Collective ContractsArticle 16 A labour contract is an agreement that establishes the labour relationship between a laborer and an employing unit and defines the rights and obligations of respective parties.A labour contract shall be concluded where a labour relationship is to be established.Article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and agreement 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 be legally binding. The parties must fulfill the obligations stipulated in the labour contract.Article 18 The following labour contracts shall be invalid:(1) labour contracts violating laws, administrative rules and regulations; and(2) labour contracts concluded by means of fraud or intimidation, etc.An invalid labour contract shall have no legal effect from the time 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 be confirmed by a labour dispute arbitration committee or a people's court.Article 19 A labour contract shall be concluded in written form and contain the following clauses:(1) term of a labour contract;(2) work assignment;(3) labour protection and working conditions;(4) labour remuneration;(5) labour discipline;(6) conditions for the termination of the labour contract; and(7) liabilities for the violation of the labour contract.Apart from the required clauses specified in the preceding paragraph, a labour contract may contain other clauses agreed upon by the parties through consultation.Article 20 The term of a labour contract is classified into fixed term, non-fixed term and the completion of a specific assignment as a term.Where a labourer has worked in the same employing unit for ten consecutive years or more and both parties agree to extend the term of the labour contract, if the labourer requests the conclusion of a labour contract with a non-fixed term, a labour contract with a non-fixed term shall be concluded.Article 21 A probation period may be specified in a labour contract. The probation period shall not exceed six months.Article 22 The parties to a labour contract may stipulate in the labour contract matters concerning keeping business secrets of the employing unit.Article 23 A labour contract shall terminate immediately upon the expiration of its term or the occurrence of the conditions for the termination of the labour contract as agreed upon by the parties.Article 24 A labour contract may be cancelled by agreement reached between the parties through consultation.Article 25 If a labourer is under any of the following circumstances, the employing unit may cancel the labour contract with him:(1) Having been proved not up to the requirements for recruitment during the probation period;(2) Having seriously violated labour discipline or the rules and regulations of the employing unit;(3) Having caused great losses to the employing unit through gross neglect of duty or malpractice for personal gains; and(4) Having been investigated for criminal responsibility in accordance with the law.Article 26 In any of the following circumstances, the employing unit may cancel the labour contract, however, a written notice shall be given to the labourer concerned 30 days in advance:(1) Where a labourer is unable to take up his original work or any work specially arranged by the employing unit after completion of the period of his medical treatment for illness or not work-related injury;(2) Where a labourer is unqualified for his work and remains unqualified even after receiving a training or after readjusting the work post; and(3) Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labour contract cannot be carried out, and no agreement on modification of the labour contract can be reached through consultation by the parties.Article 27 Where it is really necessary for an employing unit to cut down the number of workforce when it comes to the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and management, the employing unit shall explain the situation to the trade union or all of its staff and workers 30 days in advance, solicit opinions from them and report to the administrative department of labour before it may cut down the number of workforce.Where the employing unit that cut down the number of its workforce in accordance with this Article is to recruit personnel within six months, it shall give priority in employment to the persons who have been laid off.Article 28 Where an employing unit cancelled its labour contracts according to the stipulations in Article 24, Article 26 and Article 27 of this Law, it shall make economic compensations in accordance with the relevant provisions of the State.Article 29Where a labourer is under any of the following circumstances, the employing unit shall not cancel its labour contract with the labourer by availing itself of the stipulations in Article 26 and Article 27 of this Law:(1) being confirmed to have totally or partially lost the ability to work due to occupational diseases or work-related injuries;(2) receiving medical treatment for diseases or injuries within the prescribed period of time;(3) being a female staff member or worker during her pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Article 30 Where an employing unit cancelled its labour contract and the trade union considers it inappropriate, the trade union shall have the right to put forward its opinions. If the employing unit violated the law, rules or regulations or labour contracts, the trade union shall have the right to request that the matter be handled anew. Where the labourer applies for arbitration or institutes a lawsuit, the trade union shall render him support and assistance in accordance with the law.Article 31 If a labourer is to cancel his labour contract, he shall give a written notice to the employing unit 30 days in advance.Article 32 A labourer may, in any of the following circumstances, notify at any time the employing unit of his cancellation of the labour contract:(1) Within the probation period;(2) Where the employing unit forces the labourer to work by means of 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.Article 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, 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 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 34Upon conclusion of a collective contract, it shall be submitted to the administrative department of labour. If no objections have been raised by theadministrative department of labour within 15 days from the date of receipt of the text of the contract, the collective contract shall go into effect automatically.Article 35 A collective contract concluded in accordance with the law shall be binding on both the enterprise and all of its staff and workers. The standards of working conditions and labour remuneration agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those stipulated in the collective contract.Chapter IVWorking Hours, Rest and VacationsArticle 36 The State shall practise a working hour system wherein 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, the employing unit shall rationally fix quotas of work and standards of piecework remuneration in accordance with the working hour system stipulated in Article 36 of this Law.Article 38 The employing unit shall guarantee that its staff and workers have at least one day off in a week.Article 39 Where an enterprise can not follow the stipulations in Article 36 and Article 38 of this Law due to the special nature of its production, it may, with the approval of the administrative department of labour, adopt other rules on working hours and rest.Article 40 The employing unit shall, during the following festivals, arrange holidays for its labourers in accordance with the law:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays provided by laws, rules and regulations.Article 41 The employing unit may extend working hours as necessitated by its production or business operation after consultation with the trade union and labourers, but the extended working hour per day shall generally not exceed one hour; if such extension is needed for special reasons, under the condition that the health of labourers is guaranteed, the extended hours shall not exceed three hours per day. However, the total extension in a month shall not exceed thirty six hours.Article 42 Under any of the following circumstances, the extension of working hours shall not be subject to restriction of the provisions of Article 41 of this Law :(1) where in the event of natural disasters, accidents or for other reasons, the life and health of labourers or the safety of property is in peril, and urgent dealing is needed;(2) where in the event of breakdown of production equipment, transportation lines or public facilities, production and public interests are affected; and rush repair must be done without any delay; or(3) other circumstances stipulated by laws, administrative rules and regulations.Article 43 The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Article 44 Under any of the following circumstances, the employing unit shall, according to the following standards, pay labourers remunerations that are higher than those for normal working hours:(1) to pay no less than 150 percent of the normal wages if an extension of working hours is arranged;(2) to pay no less than 200 percent of the normal wages if work is arranged on off days and no make-up off days can be arranged; or(3) to pay no less than 300 percent of the normal wages if work is arranged on statutory holidays.Article 45 The State shall practise a system of annual vacation with pay.Labourers who have worked for one successive year or more shall be entitled to an annual vacation with pay. The specific measures therefore shall be formulated by the State Council.Chapter VWagesArticle 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 Stateshall exercise macro-control over the total payroll.Article 47 The employing unit shall, based on the characteristics of its production and business operation as well as economic results, independently determine the form of wage distribution and wage level for its own unit according to law.Article 48 The State shall implement a system of guaranteed minimum wages. The specific standards of minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and submitted to the State Council for the record.Wages to be paid to labourers by the employing unit shall not be lower than the local standards of minimum wages.Article 49 The determination and readjustment of the standards of minimum wages shall be made with reference to the following factors in a comprehensive manner:(1) the lowest living expenses of labourers themselves plus that of the average number of family members they support;(2) the average wage level of the society as a whole;(3) the labour productivity;(4) the situation of employment; and(5) the regional differences in economic development.Article 50 Wages shall be paid monthly to labourers themselves in the form of cash. The wages to be paid to labourers shall not be embezzled nor the payment thereof delayed without justification.Article 51 The employing unit shall pay wages according to law to labourers for their statutory holidays, marriage or funeral leaves or periods when they participate in social activities in accordance with the law.Chapter VIOccupational Safety and HealthArticle 52 The employing unit must establish and perfect the system of occupational safety and health, strictly implement the rules and standards of the State with regard to occupational safety and health, carry out education among labourers in occupational safety and health, prevent accidents in the process of work, and lessen occupational hazards.Article 53 Facilities of occupational safety and health must meet the standards set by the State.Facilities of occupational safety and health for a newly-built, renovated or expanded project must be designed, constructed and put into operation or use simultaneously with the main part of the project.Article 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.Article 55 Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.Article 56 Labourers must strictly abide by rules on safe operation in the process of their work.If the managerial personnel of the employing unit give command contrary to the established rules and compel labourers to operate under unsafe conditions, the labourers shall have the right to refuse such operation; labourers shall have the right to criticize, report or file charges against any acts endangering the safety of their life or health.Article 57 The State shall establish a system of statistical report and disposition of accidents of injuries or deaths and cases of occupational diseases. The administrative departments of labour and other relevant departments under the people's governments at or above the county level and the employing units shall, according to law, carry out statistical report and disposition with respect to accidents of injuries or deaths occurred to labourers in the process of their work and situations of occupational diseases.Chapter VIISpecial Protection for Female Staff and Workersand Juvenile WorkersArticle 58 The State shall provide special protection to female staff and workers and juvenile workers.“ Juvenile Workers” refer to labourers who have reached the age of 16 but under the age of 18 .Article 59 It is prohibited to arrange for female staff and workers to engage in work down the pit of mines, or work with Grade IV physical labour intensity as prescribed by the State, or other work forbidden to women.Article 60 It is prohibited to arrange for female staff and workers during their menstrual periods to engage in work high above the ground, under low temperature, or in cold water or work with Grade III physical labour intensity as prescribed by the State.Article 61 It is prohibited to arrange for women workers or staff members during their pregnancy to engage in work with Grade III physical labour intensity as stipulated by the State or other work forbidden to pregnant women. It is prohibited to arrange for women workers or staff members who have been pregnant for seven months or more to work in extended working hours or to work night shifts.Article 62 Female staff and workers shall be entitled to no less than ninety days of maternity leaves for childbirth.Article 63 It is prohibited to arrange for female staff and workers during the period of breast-feeding their babies of less than one year old to engage in work with Grade III physical labour intensity as prescribed by the State or other labour forbidden to women during their breast-feeding period, or to work in extended working hours or to work night shifts.Article 64 It is prohibited to arrange for juvenile workers to engage in work that is down the pit of mines, or poisonous or harmful, or with Grade IV physical labour intensity as prescribed by the State, or other work forbidden to them.Article 65 The employing unit shall provide regular physical examinations to juvenile workers.Chapter VIIIVocational TrainingArticle 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.Article 67 People's governments at various levels shall incorporate the development of vocational training into their plans of social and economic development, encourage and support enterprises, institutions, public organizations and individuals, if conditions permit, to sponsor vocational training in various forms.Article 68 The employing unit shall establish a system of vocational training, retain and use vocational training funds 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 conditions of the unit.Labourers to be engaged in technical work must receive training before taking up their posts.Article 69 The State shall determine occupational classification, set professional skill standards for the occupations classified, and practise a system of vocational qualification certification. The examination and verification organizations approved by the government shall be charged with the responsibility of conducting examination and verification of the professional skills of labourers.Chapter IXSocial Insurance and WelfareArticle 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-birth.Article 71 The level of social insurance shall be in proportion to the level of social and economic development and the social affordability.Article 72 The sources of social insurance funds shall be determined according to the branches of insurance, and an overall raising of social insurance funds shall be practised step by step. The employing unit and labourers must participate in social insurance and pay social insurance premiums in accordance with the law.Article 73 Labourers shall, under the following circumstances, enjoy social insurance benefits in accordance with the law:(1) Being retired;(2) Being ill or injured;(3)Being injured or disabled while on duty or contracted with occupational diseases;(4) Being unemployed; or(5) Childbirth.After the death of a labourer, the surviving family members of the deceased shall be entitled to subsidies for such survivors according to law.The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.The social insurance money that labourers are entitled to must be paid on schedule and in full.Article 74 The agencies in charge of social insurance funds shall collect, expend, manage and operate the funds in accordance with legal provisions, and assume the responsibility to preserve and increase the value of such 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 functions of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be prescribed by law.No organization or individual is allowed to misappropriate social insurance funds.Article 75 The State shall encourage the employing unit to set up supplementary insurance for labourers according to its actual conditions.The State shall advocate that individual labourers practise insurance in the form of saving deposits.Article 76 The State shall develop social welfare undertakings, construct public welfare facilities, and provide conditions for labourers to rest, recuperate and convalesce.The employing unit shall create conditions to improve collective welfare and increase labourers' social benefits.Chapter XLabour DisputeArticle 77 If a labour dispute between the employing unit and a labourer arises, the parties 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 be applicable to the procedures of arbitration and litigation.Article 78 The settlement of a labour dispute shall follow the principle of legality, justness and promptness so as to safeguard the legitimate rights and interests of the parties in accordance with the law.。
劳动作文之劳动合同法英文版
劳动合同法英文版【篇一：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）law of the peoples republic of china on employment contracts adopted at the 28th session of the standing committee of the 10th national peoples 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 have a 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 level 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 contractsan 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, labor compensation 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.employment 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 and the employee have agreed not to stipulate a definite ending date.an employer and a employee may conclude an open-ended employment contract upon reaching anegotiated 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 the employee;(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, equalpay 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.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【篇二：标准劳动合同(中英文版)】labour contract劳动合同index 目录position tasks of work 职务及工作职责trial period 试用期duration of the contract 合同期限salary 工资premium bonus 奖金及分红personal income tax 个人所得税training 培训working hours 工作时间discipline 劳动纪律sickness injury leave 病假及伤假labour safety hygiene劳动安全及劳动卫生保障social insurance 社会保险holidays 休假exclusivity non-competition 唯一性及非竞争协定confidentiality 保密协定responsibilities of the parties 双方职责termination of the contract 合同终止amendment of the contract 合同修订applicable law 适用法律settlement of disputes 争议的处理及解决miscellaneous 其它事宜between由:, a wholly owned foreign enterprise incorporated under the laws of the people?s republic of china with its registered office being at是一家依照中华人民共和国法律成立的外商独资企业，hereinafter referred to as the “company”,以下简称“本公司”,on the one hand,作为合同甲方，and和xx, personal identification number: xxxxx，身份证号：xxxxx，gender：xxxxx，性别：xxxxx，date of birth：xxxxx，出生日期：xxxhereinafter referred to as the “employee”,以下简称“该员工”,on the other hand,作为合同乙方，hereinafter collectively referred to as the “parties”.甲方、乙方以下统称“合同双方”。
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Labor Contract Law of the People’s Republic of ChinaChapter I General ProvisionsArticle 1 This Law is formulated in order to improve the labor contract system, specify the rights and obligations of both parties to the labor contract, protect the lawful rights and interests of laborers, establish and develop a harmonious and stable employment relationship, and promote economic development and social harmony.Article 2 This Law shall apply to the conclusion and performance of labor contracts between laborers and employing units within the territories of the People’s Republic of C hina.Article 3 Laborers shall have the right to conclude labor contracts in accordance with law with employing units, and employing units may not refuse to conclude labor contracts with laborers on the ground that the laborers do not meet certain conditions.Employing units shall establish and improve a labor contract system, strictly implement labor contracts, strengthen the protection of laborers' rights and interests, and ensure thatlaborers enjoy conditions of work in compliance with state regulations.Article 4 Labor contracts shall be concluded voluntarily through the consultation between laborers and employing units on an equal footing.When a laborer concludes a labor contract with an employing unit, the laborer may entrust a trade union to consult on his behalf.Article 5 Labor contracts shall be concluded in written form.An oral agreement reached by and between laborers and employing units to establish labor relations shall be deemed a labor contract. The employing unit shall then, within thirty days, provide the laborer with a written labor contract that fully specifies the matters agreed orally. If the employing unit fails to provide the laborer with the labor contract, the matters agreed upon orally shall be performed.Article 6 In concluding a labor contract, the lawful rights and interests and economic conditions of laborers shall be respected.Employing units may not force laborers to conclude labor contracts by means of deceit, coercion, or intimidation.Article 7 Labor contracts shall be performed in accordance with the principle of equality, voluntariness, fairness, and good faith.Article 8 Labor contracts shall include the following:(1) name, domicile, and legal representative or main person-in-charge of the employing unit;(2) name, domicile, resident identity card number or other valid identity certificate of the laborer;(3) term of the labor contract;(4) job description and place of work;(5) working hours, rest and leave, labor remuneration, social insurance, and other matters;(6) labor protection and working conditions;(7) other matters that should be included in the labor contract as required by laws and regulations.Article 9 A labor contract shall be concluded for a fixed term, a non-fixed term, or for a specified task.A labor contract concluded for a fixed term shall be held for no more than 10 years. When the term of a labor contract expires,and the laborer continuously works for the employing unit, the labor contract shall be deemed renewed on a non-fixed term basis.Article 10 An employing unit shall not stipulate in a labor contract that it may terminate the labor contract at will.Article 11 An employing unit shall not stipulate in a labor contract any provision that is less favorable to the laborer than the relevant laws and regulations.Chapter II Conclusion of Labor ContractsArticle 12 Laborers who conclude labor contracts with employing units shall meet the following conditions:(1) having full civil capacity;(2) having professional skills or expertise necessary for his job position;(3) having the physical capability necessary for his job position;(4) having other conditions prescribed by laws and administrative rules and regulations.Article 13 Laborers shall provide true information regarding their personal matters, professional skills or expertise, andphysical capability. Employing units shall not require laborers to provide false information.Article 14 Laborers and employing units shall conclude labor contracts in accordance with the principle of fairness, and may not breach any agreement to the disadvantage of the other party.Article 15 Employing units shall not restrict laborers in concluding labor contracts with other employing units to the disadvantage of laborers.Article 16 Employing units shall not conclude labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 17 Employing units shall not employ child laborers.Article 18 Upon the conclusion of a labor contract, the employing unit shall provide the laborer with a copy of the labor contract. When the laborer requires, employing units shall provide a pay statement on a regular basis.Article 19 Employing units shall establish and improve a system for the filing of labor contracts.Chapter III Performance of Labor ContractsArticle 20 Employing units shall provide necessary working conditions for laborers to carry out their job duties and ensure labor protection in accordance with laws and regulations.Article 21 Employing units shall not demand that laborers work overtime, or work on their days of rest, in violation of the provisions of the state.Article 22 Employing units shall pay labor remuneration to laborers in full and on time, and shall not reduce or delay payment of labor remuneration without justifiable reasons.Article 23 Employing units shall provide social insurance for laborers in accordance with the law.Article 24 Laborers shall carry out their job duties in accordance with the labor contract, follow the employing unit's rules, and refrain from divulging trade secrets.Article 25 Laborers shall be entitled to protection of their lawful rights and interests in accordance with laws and regulations if employing units violate laws and regulations by reducing or delaying payment of labor remuneration, failing to provide labor protection, or unilaterally terminating a labor contract.Article 26 When a laborer is unable to work due to illness or non-work-related injury, the laborer shall provide certification issued by a medical institution at the same level.Article 27 Laborers shall not compete with the employing unit in breach of the labor contract. If a laborer breaches the labor contract by competing with the employing unit or leaving the employing unit, causing damage to the employing unit, the liability for compensation shall be borne in accordance.Chapter IV Modification and Termination of Labor ContractsArticle 28 Modifications to a labor contract shall be made through consultation between laborers and employing units.Article 29 Laborers may not refuse modifications to labor contracts proposed by employing units that comply with laws and regulations, industrial policies, and business conditions.Article 30 Employing units may not modify labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 31 Labor contracts may be terminated under certain circumstances, including:(1) agreement by both parties;(2) the labor contract expires or both parties agree not to renew the contract;(3) the employing unit is dissolved, declared bankrupt, is ordered to shut down, or revokes its business license;(4) the employing unit formulates the labor contract by fraud or coercion;(5) the employing unit severely breaches laws and regulations, or the labor contract, causing irreparable harm to the laborer’s well-being.Article 32 When a labor contract is terminated, employing units shall issue a termination certificate or a service certificate and pay compensation in accordance with laws and regulations.Chapter V Supervision and InspectionArticle 33 Supervision and inspection of labor contract performance shall be conducted by labor and social security administrative departments in accordance with the law.Article 34 Laborers and trade unions shall have the right to report violations of laws and regulations regarding labor contracts to the relevant authorities.Article 35 Employing units shall cooperate with the relevant authorities in supervision and inspection of labor contract performance, accept supervision and inspection, and provide necessary materials and information.Article 36 The state shall establish a system of rewards for those who make important contributions and render meritorious services in the supervision and inspection of labor contract performance.Chapter VI Legal LiabilityArticle 37 If employing units violate the provisions of this Law in concluding, performing, modifying, or terminating labor contracts, they shall bear legal liability in accordance with the law.Article 38 If laborers violate the provisions of this Law, the employing unit may criticise, educate, or discipline them in accordance with the law.Article 39 If employing units’ violations of rights and interests of laborers lead to conflicts that may be resolved through mediation, both parties may apply for mediation from a labor dispute mediation institution.Article 40 If employing units’ violations of r ights and interests of laborers cause damage to laborers, employing units shall bear liability for compensation in accordance with the law.Article 41 If laborers’ violations of the provisions of this Law cause damage to employing units, laborers shall bear liability for compensation in accordance with the law.Chapter VII Supplementary ProvisionsArticle 42 This Law shall take effect on January 1, 2008.Article 43 The Labor Contract Law of the People’s Republic of China formulated by the Standing Committee of the National People's Congress on June 29, 1994, shall be repealed upon the implementation of this Law.以上为《中华人民共和国劳动合同法》全文的英语译文。
巴基斯坦劳动法立法情况
一、巴基斯坦劳动法的起源和劳工基本情况巴基斯坦劳动法的起源可以追溯到印巴分治时期从印度继承过来的立法体系。
后来，为适应社会经济条件变化、工业化进程、人口和劳动力急剧膨胀、行业公会的发展、文化水平以及政府对社会进步和保障社会福利所承担责任等的变化，劳动法经过了一系列调整演变而来。
自独立以来，巴基斯坦政府为达到上述目标，推行了多项劳工政策，反映了政府从军事管制向民主管理方式的转变。
按照宪法规定，劳工被看作是一个"相互依存的整体"，意味着联邦和省政府均对其负有责任。
但是，为保持一致性，由联邦政府颁布和实施法律，并规定省一级政府可以根据省里的特殊情况和要求，自行制定规章制度。
巴基斯坦劳动力大约由3715万人口组成，其中47%在农业部门，10.50%在制造业及采矿部门，其他各行业占42.5%。
二、巴基斯坦劳动法包含的主要内容巴基斯坦宪法第二部分：基本权利和政策原则中，包括一系列与劳工权利相关的条款。
宪法第十一条禁止所有形式的奴隶制、受迫劳工、和童工；宪法第十七条赋予自由成立社团和建立工会组织的基本权利；宪法第十八条规定了公民加入合法职业、从事合法的贸易和商业活动的权利；宪法第二十五条规定了法律面前人人平等的权利，禁止性别歧视；宪法第三十七条第五款要求保障公民的工作条件公正而人道，确保儿童和妇女不会受雇于不适合其年龄或性别的职业以及保障职业妇女的生育福利。
（一）劳动法对雇佣合同的规定虽然宪法第十八条规定每个公民享有合法从事任何职业的权利以及有权从事任何合法的贸易商业活动，但是，1968年政府制定了《工商业雇佣法案》（现行法律），来处理雇主和雇员之间的关系以及雇用合同的有关内容。
该法案适用于全国所有雇用20名以上工人并提供用工安全的工业和商业机构。
对于其他机构的工人、家政服务员、农业工人或是承包商使用的临时工，他们的劳动合同通常无需书面的，可根据口头证据或是过去的劳动事实而得到法院的认定。
劳动法英文版
中华人民共和国劳动法（英文版）Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND 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 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 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 mayrevoke 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 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 orbrings 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 extendedhours 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 ofdistribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economicdevelopment. The State shall exercise macro-regulations and control overthe total wages.Section 47. The employing unit shall independently determine its form ofwage distribution and wage level for its own unit according to law andbased on the characteristics of its production and business and economicresults.Section 48. The State shall implement a system of guaranteed minimumwages. Specific standards on minimum wages shall be determined by thepeople's governments of provinces, autonomous regions or municipalitiesdirectly under the Central Government and reported to the State Councilfor the record.Wages paid to labourers by the employing unit shall not be lower than thelocal standards on minimum wages.Section 49. The determination and readjustment of the standards onminimum wages shall be made with reference to the following factors in acomprehensive manner:(1) the lowest living expenses of labourers themselves and the averagefamily 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 formof currency. The wages paid to labourers shall not be deducted or delayedwithout justification.Section 51. The employing unit shall pay wages to labourers who observestatutory 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 foroccupational safety and health, strictly implement the rules and standardsof the State on occupational safety and health, educate labourers onoccupational 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。
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。
Labor Contract Law of the People's Republic of China
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)ContentsChapter I General ProvisionsChapter II Conclusion of a Labor ContractChapter III Performance and Modification of a Labor ContractChapter IV Revocation and Termination of a Labor ContractChapter V Special ProvisionsSection 1 A Collective ContractSection 2 Labor DispatchSection 3 Part-Time EmploymentChapter VI Supervision and InspectionChapter VII Legal ResponsibilityChapter VIII Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This Law is enacted in order to improve the labor contract system, define the rights and obligations of both parties to a labor contract, protect the legitimate rights and interests of workers, and establish and develop a harmonious and stable labor relationship.Article 2 This Law is applicable where organizations such as enterprises, self-employed economic organizations and private non-enterprise units within the territory of the People’s Republic of China (hereinafter referred to as employing units) establish labor relationships with workersthrough concluding, performing, modifying, revoking or terminating labor contracts with them.State organs, institutions and public organizations and the workers with whom they are to establish labor relationships shall conclude, perform, modify, revoke or terminate labor contracts in accordance with this Law.Article 3 Labor contracts shall be concluded in adherence to the principles of lawfulness, fairness, equality, voluntariness, consensus through consultation, and good faith.A labor contract concluded in accordance with law shall have binding force. Both the employing unit and the worker shall fulfill the obligations stipulated in the labor contract.Article 4 Employing units shall establish and improve labor rules and regulations to ensure that workers enjoy the labor rights and fulfill the labor obligations.When formulating or modifying the rules and regulations, or making decisions on important matters, which have a direct bearing on the immediate interests of workers, such as labor remuneration, working hours, rest and vacation, occupational safety and health, insurance and welfare, training, labor discipline and labor quota control, the employing unit shall, after discussion by the conference of workers or all the workers, put forward plans and suggestions and make decisions after consulting with the trade union or the representatives of the workers on an equal footing.If, during the implementation of the rules and regulations or the decisions on important matters, the trade union or the workers hold that such rules, regulations or decisions are inappropriate, it or they are entitled to put forward the opinion to the employing unit, and have the rules, regulations or decisions modified and improved through consultation.The employing unit shall make public or inform the workers of the rules and regulations, and the decisions on important matters, which have a direct bearing on the immediate interests of the workers.Article 5 The administrative department of labor of the people’s government at or above the county level shall, together with the representatives of the trade union and the enterprise, establish a sound tripartite mechanism for coordination of labor relationships, in order to jointly discuss and resolve the major issues concerning labor relationships.Article 6 The trade union shall give assistance and guidance to the workers in lawfully concluding labor contracts with the employing unit and performing the same, and establish a collective consultation mechanism with the employing unit in order to protect the legitimate rights and interests of workers.Chapter IIConclusion of a Labor ContractArticle 7 A labor relationship is established by an employing unit with a worker as of the date the former employs the latter. An employing unit shall keep a register of workers for reference.Article 8 When an employing unit recruits a worker, it shall truthfully inform him of the job description, the working conditions, the place of work, occupational hazards, conditions for work safety, labor remuneration and other matters which the worker requests to be informed of. The employing unit has the right to acquire the basic information of the worker which is directly related to the labor contract, and the worker shall truthfully provide the same.Article 9 When recruiting a worker, the employing unit may not detain t he worker’s resident identity card or other certificates, nor may it require him to provide guaranty or collect money or things of value from him in other names.Article 10 To establish a labor relationship, a written labor contract shall be concluded.In the event that no written labor contract is concluded at the time when a labor relationship is established, such a contract shall be concluded within one month as of the date when the employing unit employs a worker.Where an employing unit and a worker conclude a labor contract before the latter starts to work, the labor relationship shall be established as of the date when the latter starts to work.Article 11 In the event that an employing unit fails to conclude a written labor contract with a worker at the same time as it employs him, and labor remuneration agreed upon with him is not definite, the remuneration shall be decided on according 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 for equal work shall be practiced.Article 12 Labor contracts consist of fixed-term labor contracts, open-ended labor contracts and labor contracts that expire upon completion of given jobs.Article 13 A fixed-term labor contract is one the ending date of which is agreed upon between the employing unit and the worker.An employing unit and a worker may conclude a fixed-term labor contract upon reaching consensus through consultation.Article 14 An open-ended labor contract is one where the employing unit and the worker have agreed not to stipulate a definite ending date.An employing unit and a worker may conclude an open-ended labor contract upon reaching consensus through consultation. If a worker proposes or agrees to renew the labor contract or toconclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the worker requests the conclusion of a fixed-term labor contract:(1) The worker has been working for the employing unit for a consecutive period of 10 or more years;(2) The worker has been working for the employing unit for a consecutive period of 10 or more years but less than 10 years away from the statutory retirement age when the employing unit introduces the labor contract system or when the State-owned enterprise has to conclude a new labor contract with him as a result of restructuring; or(3) The worker intends to renew the labor contract after he has consecutively concluded a fixed-term labor contract with the employing unit twice and he has not been found in any of the circumstances specified in Article 39 or Subparagraph (1) or (2) in Article 40 of this Law.If an employing unit fails to conclude a written labor contract with a worker within one year as of the date when it employs the worker, it shall be deemed to have concluded an open-ended labor contract with the latter.Article 15 A labor contract that expires upon completion of a given job is one in which the employing unit and the worker have agreed that the period for completion of the given job is the term of the contract.An employing unit and a worker may, upon reaching consensus through consultation, conclude a labor contract which expires upon completion of a given job.Article 16 A labor contract shall become effective when the employing unit and the worker reach agreement through consultation thereon and both parties sign or affix their seals on the copies of the contract.The employing unit and the worker shall each keep a copy of the labor contract.Article 17 A labor contract shall contain the following terms:(1) name, domicile and legal representative or the principal leading person of the employing unit;(2) name, address and the number of the resident identity card or of other valid identity documents of the worker;(3) term of the labor contract;(4) job description and the place of work;(5) working hours, rest and vacation;(6) labor remuneration;(7) social insurance;(8) occupational protection, working conditions and protection against occupational hazards; and(9) other terms which are required to be included in a labor contract, as provided for by laws and regulations.In addition to the requisite terms mentioned above, an employing unit and a worker may agree to have other matters stipulated in the labor contract, such as probation period, training, confidentiality, supplementary insurance and welfare benefits.Article 18 If a dispute arises because the labor remuneration rate, the standard for working conditions, etc. are not definitely specified in the labor contract, the employing unit and the worker may negotiate anew. If the negotiation is unsuccessful, the relevant stipulations of the collective contract shall be applicable. If there is no collective contract or the collective contract is silent on the issue of labor remuneration, equal pay for equal work shall be practiced. If there is no collective contract or the collective contract is silent on the standards for working conditions, etc., the relevant regulations of the State shall apply.Article 19 If the term of a labor contract is more than three months but less than one year, the probation period may not exceed one month; if the term is more than one year but less than three years, the probation period may not exceed two months; and if the term is fixed for three or more years or is open-ended, the probation period may not exceed six months.An employing unit and a worker may agree upon only one probation period.No probation period may be stipulated in a labor contract that expires upon completion of a given job or in a labor contract for a term of less than three months.The probation period shall be included in the term of a labor contract. If a labor contract only provides for a probation period, that period shall not stand and the term provided for shall be the term of the labor contract.Article 20 The wage of a worker on probation shall not be lower than the lowest wage level for the same job of the employing unit or be less than 80 per cent of the wage agreed upon in the labor contract, and shall not be lower than the minimum wage rate in the place where the employing unit is located.Article 21 An employing unit may not revoke a labor contract during the probation period unless the worker is found in one of the circumstances specified in Article 39 or Subparagraph (1) or (2) in Article 40 of this Law. If an employing unit revokes a labor contract during the probation period,it shall explain the reasons to the worker.Article 22 If an employing unit provides special funding for a worker’s training and gives him professional technical training, it may conclude an agreement with the worker specifying the term of service.If the worker breaches the agreement on the term of service, he shall pay a penalty to the employing unit as agreed upon. The sum of the penalty may not exceed the training expenses paid by the employing unit. The penalty that the employing unit requires the worker to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service.Where the employing unit and the worker reach an agreement on the term of service, the raise in the worker’s remuneration according to the regular wage adjustment mechanism during the term of service shall not be adversely affected.Article 23 An employing unit and a worker may have such terms stipulated in the labor contract as keeping business secrets of the employing unit and keeping confidential the matters relating to its intellectual property rights.With regard to a worker who has a confidentiality obligation, the employing unit may have stipulated in the labor contract or confidentiality agreement competition restriction and payment of financial compensation to him on a monthly basis during the term of the competition restriction after the labor contract is revoked or terminated. If the worker breaches the stipulation on competition restriction, he shall pay penalty to the employing unit as agreed upon.Article 24 The persons subject to competition restriction shall be limited to senior managers, senior technicians and other persons who are under the confidentiality obligation to the employing unit. The scope, geographic area and term of competition restriction shall be agreed upon by the employing unit and the worker, and such agreement shall not be at variance with the provisions of laws and regulations.The term of competition restriction, calculated from the revocation or termination of the labor contract, for one of the persons, as mentioned in the preceding paragraph, to go to work for a competing employing unit that produces or deals in the same type of products or is engaged in the same type of business as his original employing unit, or to establish his own business to produce or deal in the same type of products or engage in the same type of business shall not exceed two years.Article 25 With the exception of the circumstances specified in Articles 22 and 23 of this Law, an employing unit shall not enter into an agreement with a worker on payment of penalty by the worker for breach of contract.Article 26 A labor contract shall be invalid or partially invalid under one of the followingcircumstances:(1) The labor contract is concluded or modified against a party’s t rue intention by means of deception or coercion, or when the party is in precarious situations;(2) The employing unit disclaims its statutory responsibility or denies the worker his rights; or(3) The labor contract is at variance with the mandatory provisions of laws or administrative regulations.If a dispute arises over the invalidity or partial invalidity of a labor contract, the matter shall be determined by a labor dispute arbitration institution or a people’s court.Article 27 If part of a labor contract is invalid, which does not affect the validity of the rest of the contract, the rest shall remain valid.Article 28 If a labor contract is determined to be invalid but the worker has performed it, the employing unit shall pay the worker remuneration. The amount of remuneration shall be determined mutatis mutandis according to that for the workers holding the same or similar posts in the employing unit.Chapter IIIPerformance and Modification of a Labor ContractArticle 29 An employing unit and a worker shall fully perform their respective obligations in accordance with the labor contract.Article 30 The employing unit shall pay their workers remuneration on time and in full in accordance with the labor contract and the regulations of the State.If an employing unit defaults in payment or underpays the labor remuneration, the worker concerned may, in accordance with law, apply to the local people’s court for an order for payment, and the people’s court shall issue such an order in accordance w ith law.Article 31 The employing unit shall strictly implement the norm set for labor quota and shall not compel the workers to work overtime or do so in disguised form. If an employing unit arranges for a worker to work overtime, it shall give him overtime pay in accordance with the relevant regulations of the State.Article 32 A worker shall not be deemed to be breaching the labor contract if he refuses to perform hazardous operations under instructions given in violation of rules and regulations or peremptorily given by a manager of the employing unit.A worker shall have the right to criticize or report or lodge accusations against the employing unit in respect of the working conditions that endanger his life or health.Article 33 Where an employing unit alters its name, replaces its legal representative, the principal leading person or investor(s), etc., performance of the labor contract shall not be affected.Article 34 Where an employing unit is merged, divided, etc., the existing labor contract shall remain valid and continue to be performed by the employing unit which succeeds to its rights and obligations.Article 35 An employing unit and a worker may modify the provisions of the labor contract, if they reach consensus on the matter through consultation. Modification of a labor contract shall be made in writing.The employing unit and the worker shall each keep a copy of the modified labor contract.Chapter IVRevocation and Termination of a Labor ContractArticle 36 An employing unit and a worker may revoke the labor contract if they reach consensus on the matter through consultation.Article 37 A worker may have the labor contract revoked by giving a written notification to the employing unit 30 days in advance. During the probation period, a worker may have the labor contract revoked by notifying the employing unit of his intention three days in advance.Article 38 A worker may have the labor contract revoked if the employing unit is found in any of the following circumstances:(1) failing to provide occupational protection or working conditions as agreed upon in the labor contract;(2) failing to pay labor remuneration on time and in full;(3) failing to pay the social insurance premiums for the worker in accordance with law;(4) having rules and regulations that are at variance with laws or regulations, thereby impairing the worker’s rights and interests;(5) invalidating the labor contract as a result of one of the circumstances specified in the first paragraph of Article 26 of this Law; or(6) other circumstances in which a worker may have the labor contract revoked as provided for bylaws or administrative regulations.If an employing unit forces a person to work by resorting to violence, intimidation or illegal restriction of personal freedom, or if it gives instructions in violation of rules and regulations or gives peremptory orders to the worker to perform hazardous operations, which endanger his personal safety, the latter may revoke the labor contract forthwith without notifying the employing unit of the matter in advance.Article 39 The employing unit may have the labor contract revoked if a worker is found in any of the following circumstances:(1) being proved unqualified for recruitment during the probation period;(2) seriously violating the rules and regulations of the employing unit;(3) causing major losses to the employing unit due to serious dereliction of duty or engagement in malpractices for personal gain;(4) concurrently establishing a labor relationship with another employing unit, which seriously affects the accomplishment of the task of the original employing unit, or refusing to rectify after the original employing unit brings the matter to his attention;(5) invalidating the labor contract as a result of the circumstance specified in Subparagraph (1) of the first paragraph of Article 26 of this Law; or(6) being investigated for criminal responsibility in accordance with law.Article 40 In one of the following circumstances, an employing unit may revoke the labor contract, if it notifies in writing the worker of its intention 30 days in advance or after paying him an extra one month salary:(1) The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;(2) The worker is incompetent for the post and remains incompetent after receiving a training or being assigned to another post; or(3) The objective conditions taken as the basis for conclusion of the contract have greatly changed, so that the original labor contract cannot be performed and, after consultation between the employing unit and the worker, no agreement is reached on modification of the contents of the labor contract.Article 41 If, in any of the following circumstances, an employing unit needs to cut employmentby more than 20 persons, or by less than 20 persons, which, however, accounts for more than 10 per cent of the total number of the enterprise’s employees, it may do so after it explains the situation to the trade union or all of its employees 30 days in advance, solicits opinions from among them and submit its plan for cutting employment to the administrative department of labor:(1) The enterprise is to undergo reorganization pursuant to the provisions of the Law on Enterprise Bankruptcy;(2) The enterprise is in dire straits in production and management;(3) The enterprise changes its line of production, introduces a major technological updating or adjusts its business method, and, after modification of the labor contracts, still needs to reduce its personnel; or(4) The objective economic conditions taken as the basis for conclusion of the labor contracts have greatly changed, so that the original labor contracts cannot be performed.When cutting employment, the employing unit shall continue to employ the following persons by giving priority to them:(1) persons who have concluded fixed-term labor contracts for a relatively long term with the employing unit;(2) persons who have concluded open-ended labor contracts with the employing unit; and(3) persons none of whose other family members has a job or who have an elder or minor depending on his support.If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this Article goes to recruit employees anew within six months, it shall give notification to the laid off persons and, under equal conditions, recruit them before others.Article 42 The employing unit may not revoke the labor contract concluded with the worker, who is under one of the following circumstances, by applying the provisions in Articles 40 and 41 of this Law:(1) Being engaged in operations exposed to occupational disease hazards, the worker is not given pre-departure occupational health examinations, or being suspected of an occupational disease, is in the process of being diagnosed or is under medical observation;(2) Having contracted an occupational disease or being injured at work, the work is confirmed to have totally or partially lost the ability to work;(3) The worker is in the prescribed period of medical treatment for illness, or for injury incurredwhen not at work, and;(4) The worker is during the pregnant, puerperal or breast-feeding stage;(5) The worker has been working for the employing unit continuously for 15 years in full and is less than 5 years away from the statutory retirement age; or(6) The worker is in any other circumstances as provided for by laws or administrative regulations.Article 43 Where an employing unit intends to revoke a labor contract unilaterally, it shall notify the trade union of the reasons in advance. If the employing unit violates the provisions of laws or administrative regulations or the labor contracts, the trade union shall have the right to demand that the employing unit put it right. The employing unit shall consider the trade union’s opinion and notify the trade union in writing of the settlement of the matter.Article 44 A labor contract shall be terminated under one of the following circumstances:(1) The term of the contract expires;(2) The worker concerned begins to enjoy the benefits of the basic old-age insurance pension in accordance with law;(3) The worker concerned dies, or is declared dead or missing by the people’s court;(4) The employing unit is declared bankrupt in accordance with law;(5) The business license of the employing unit is revoked, the employing unit is ordered to close down or to dissolve, or it decides to dissolve on an earlier date; or(6) any other circumstances provided for by laws and administrative regulations.Article 45 At the expiration of a labor contract, under one of the circumstances prescribed in Article 42 of this Law, the term of the labor contract shall be extended until the necessary conditions cease to exist. However, the termination of a labor contract with a worker who has totally or partially lost the ability to work, as specified in Subparagraph (2) of Article 42 of this Law shall be handled in accordance with the regulations of the State governing insurance for work-related injury.Article 46 The employing unit shall pay financial compensation to a worker under one of the following circumstances:(1) The worker revokes the labor contract pursuant to the provisions in Article 38 of this Law;(2) The employing unit proposes revocation of the labor contract to the worker pursuant to theprovisions in Article 36 of this Law and the parties reach an agreement thereon through consultation;(3) The employing unit revokes the labor contract pursuant to the provisions in Article 40 of this Law;(4) The employing unit revokes the labor contract pursuant to the provisions in the first paragraph of Article 41 of this Law;(5) The fixed-term labor contract is terminated pursuant to the provisions in Subparagraph (1) of Article 44 of this Law, except that the worker does not agree to renew the contract even though the employing unit maintains the same conditions as, or offers better conditions than, the ones stipulated in the previous contract;(6) The labor contract is terminated pursuant to the provisions of Subparagraph (4) or (5) of Article 44 of this Law; or(7) Under any other circumstances provided for by laws or administrative regulations.Article 47 Financial compensation shall be paid on the basis of the number of years a person works in a unit, the rate being one month’s salary for the work of one full year. If he has worked for six months or more but less than one year, the time shall be calculated as one year; and if he has worked for less than six months, he shall be paid half of his monthly salary as financial compensation.If the monthly salary of a worker is three times the average monthly salary of the workers of the region for the previous year, which is published by the people’s government of the municipality directly under the Central Government or by that of the city divided into districts where the employing unit is located, the rate for his financial compensation payable shall be three times the average monthly salary of the workers, and the number of years involved shall not exceed 12 years.For the purposes of this Article, the monthly salary means the average of a given worker’s monthly salary for the 12 months prior to the revocation or termination of the labor contract.Article 48 Where an employing unit revokes or terminates a labor contract in violation of the provisions of this Law and the worker involved demands continued performance of the contract, the employing unit shall continue performing the same. If the worker does not demand so or if it becomes impossible for continued performance of the labor contract, the employing unit shall pay compensation pursuant to the provisions in Article 87 of this Law.Article 49 The State takes measures to establish and improve an inter-regional system to ensure that a worker’s social insurance account is continued when he is transferred to another region.。
法律法规大全中英文
法律法规大全中英文T A B L E O F C O N T E N T ST ABLE OF C ONTENTS (1)L IST OF L AWS (3)C HILD L ABOR (童工) (10)Child Labor (童工) (10)Definition of Juvenile Employees (11)Scope of Work Prohibited to Juvenile Employees (11) Regular Physical Examinations for Juvenile Employees (13) F ORCED L ABOR (强制性劳工) (15)Invalid Labor Contract (15)Termination of Labor Contract by Employees (15) Withholding Deposit or Identity Papers (16)Forced Overtime (16)Corporal Punishment (17)H EALTH AND S AFETY (健康与安全) (17)General (17)Fire Service Equipment and Facilities (18)Passages, Exits and Signs (18)Dormitory and Canteen (21)Use of Fire Hydrants (22)Installation of Fire Extinguishers (灭火器配置) (22) Warehouse (27)Chemicals and Dangerous Goods (28)Personal Protective Equipment (29)Miscellaneous (29)Female Employees (31)Training for Juvenile Employees (34)Environment (34)D ISCIPLINARY P RACTICES (骚扰与辱骂) (35)Conducts Lead to Punishment (35)Wage Deduction (37)Unauthorized Absences (39)F REEDOM OF A SSOCIATION &R IGHT TO C OLLECTIVE B ARGAINING (结社自由) (39)Workers Right to Join or Organize Labor Union (39)Collective Contract (40)Organization Support (40)N ONDISCRIMINATION (不歧视) (41)General (41)Employment Discrimination (42)Sex Discrimination (43)Pregnancy Discrimination (43)Equal Pay for Equal Work (43)W ORKING H OURS (工作时间) (44)Normal Working Hour (44)Rest Days (44)Other Measures for Working Hours and Rest Days (45)Public Holidays (45)Overtime Hour Limit (47)Overtime Payment (48)Paid Annual Leave (49)Child-bearing Leave (50)C OMPENSATION (薪酬) (51)Minimum Wage (51)Sickness allowance (52)Wage Payment (53)Wage Records (54)Payable Child-bearing Leave (55)Marriage Leave (55)Bereavement Leave (55)Family Leave (56)Work Stoppage for Reasons Not Attributable to the Fault of Employees (56)Social Insurance (57)Labor Contract (58)Probationary Period (59)Rescinding Labor Contract (60)L I S T O F L A W ST ABLE OF C ONTENTS (1)L IST OF L AWS (3)C HILD L ABOR (童工) (10)Rules Prohibiting the Use of Child Labor [1] article 2 (10)禁止使用童工规定[1]第二条 (10)PRC Labor Law [2] article 15 (10)中华人民共和国劳动法[2]第十五条 (10)Rules Prohibiting the Use of Child Labor [1] article 7 (10)禁止使用童工规定[1]第七条 (10)Rules Prohibiting the Use of Child Labor [1] article 10 (10)禁止使用童工规定[1]第十条 (11)Rules Prohibiting the Use of Child Labor [1] article 11 (11)禁止使用童工规定[1]第十一条 (11)PRC Labor Law [2] article 58 (11)中华人民共和国劳动法[2] 第五十八条 (11)PRC Labor Law [2] article 64 (11)中华人民共和国劳动法第六十四条 (11)Regulations for the Special Protection of Juvenile Employees (Document No. 498) [3] article 3 (12)未成年工特殊保护规定劳部发（１９９４）４９８号[3]第三条(12)Regulations for the Special Protection of Juvenile Employees (Document No. 498) [3] article 8 (13)未成年工特殊保护规定劳部发（１９９４）４９８号[3]第八条(13)PRC Labor Law [2] article 65 (13)中华人民共和国劳动法[2]第六十五条 (13)Regulations for the Special Protection of Juvenile Employees (Document No. 498) [3] article 6 (13)未成年工特殊保护规定劳部发（１９９４）４９８号[3]第六条(14)Regulations for the Special Protection of Juvenile Employees (Document No. 498) [3] article 7 (14)未成年工特殊保护规定劳部发（１９９４）４９８号[3]第七条(14)Regulations for the Special Protection of Juvenile Employees (Document No. 498) [3] article 9 (14)未成年工特殊保护规定劳部发（１９９４）４９８号[3]第九条(14)F ORCED L ABOR (强制性劳工) (15)PRC Labor Law [2] article 18 (15)中华人民共和国劳动法[2]第十八条 (15)PRC Labor Law [2] article 32 (15)中华人民共和国劳动法[2]第三十二条 (15)Reply of the General Office of the Ministry of Labor Concerning Certain Questions Regarding theTermination of Employment Contracts by Employees (General Office of the Ministry of Labor Document No. 324 (1995)) [4] (15)勞動部辦公廳關於勞動者解除勞動合同有關問題的覆函（勞辦發[1995]324號）[4] (16)Notice of the Ministry of Labor, the Ministry of Public Security and the All-China Federation of LaborUnions concerning Strengthening Labor Management in Foreign Investment Enterprises and PrivateEnterprises and the Effective Safeguarding of the Legal Rights and Interests of Workers – Ministry ofLabor Document No. 118 (1994) [5] article 2 (16)勞動部、公安部、全國總工會關於加強外商投資企業和私營企業勞動管理切實保障職工合法權益的通知[5]第二条 (16)Notice of the Ministry of Labor, the Ministry of Public Security and the All-China Federation of LaborUnions concerning Strengthening Labor Management in Foreign Investment Enterprises and PrivateEnterprises and the Effective Safeguarding of the Legal Rights and Interests of Workers – Ministry ofLabor Document No. 118 (1994) [5] article 4. (16)勞動部、公安部、全國總工會關於加強外商投資企業和私營企業勞動管理切實保障職工合法權益的通知[5]第四条 (17)Notice of the Ministry of Labor, the Ministry of Public Security and the All-China Federation of LaborUnions concerning Strengthening Labor Management in Foreign Investment Enterprises and PrivateEnterprises and the Effective Safeguarding of the Legal Rights and Interests of Workers – Ministry ofLabor Document No. 118 (1994) [5] article 8. (17)勞動部、公安部、全國總工會關於加強外商投資企業和私營企業勞動管理切實保障職工合法權益的通知[5]第八条 (17)H EALTH AND S AFETY (健康与安全) (17)PRC Labor Law [2] article 52 (17)中华人民共和国劳动法第五十二条 (17)PRC Labor Law [2] article 53 (17)中华人民共和国劳动法[2]第五十三条 (18)PRC Labor Law [2] article 54 (18)中华人民共和国劳动法[2]第五十四条 (18)Regulations for Guangdong Province Labor Safety and Sanitary [33] article 8 (18)广东省劳动安全卫生条例[33]第八条 (18)PRC Fire Service Law [6] article 14(5) (18)中华人民共和国消防法[6]第十四条（五） (18)PRC Fire Service Law [6] article 14(6) (18)中华人民共和国消防法[6]第十四条（六） (19)Fire Safety of Building Design Regulation (GBJ16-87), [34] article 3.5.1 (19)建筑设计防火规范ＧＢＪ１６—８７[34]第３．５．１条 (19)Fire Safety of Building Design Regulation (GBJ16-87), [34] article 3.1.1 (19)建筑设计防火规范ＧＢＪ１６—８７[34]第３．１．１条 (20)Fire Safety of Building Design Regulation (GBJ16-87), article 3.5.2 (Promulgated by Ministry of Gongon on 1 May 1987, effective on 1 May 1988) (20)建筑设计防火规范ＧＢＪ１６—８７[34]第3．5．2条 (21)Fire Safety of Building Design Regulation (GBJ16-87), article 10.2.9 (21)建筑设计防火规范ＧＢＪ１６—８７[34]第10．2．9条 (21)PRC Fire Service Law [6] article 15 (21)中华人民共和国消防法第十五条 (21)PRC Food Hygiene Law, [35] article 26 (21)中华人民共和国食品卫生法[35] 第二十六条 (21)PRC Food Hygiene Law, [35] article 27 (21)中华人民共和国食品卫生法[35] 第二十七条 (21)PRC Food Hygiene Law, [35] article 54 (22)中华人民共和国食品卫生法[35] 第五十四条 (22)Shenzhen Special Economic Region Labor Regulation [36] article 11 (22)深圳經濟特區勞務工條例[36] 第十一條 (22)PRC Fire Service Law [6] article 21 (22)中华人民共和国消防法第二十一条 (22)Design Regulations for Fire Extinguisher Installation (GBJ 140-90), [7] article 2.0.3 (22)建筑灭火器配置设计规范[7] 第2.0.3条 (22)Design Regulations for Fire Extinguisher Installation (GBJ 140-90), article 4.0.1 (23)建筑灭火器配置设计规范[7] 第4.0.1条 (23)Design Regulations for Fire Extinguisher Installation (GBJ 140-90), [7] article 4.0.2 (23)建筑灭火器配置设计规范[7] 第4.0.2条 (23)Design Regulations for Fire Extinguisher Installation (GBJ 140-90), [7] article 4.0.7 (24)建筑灭火器配置设计规范[7] 第4.0.7条 (24)一个灭火器配置场所内的灭火器不应少于2具。
(整理)劳动合同法英文版.
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, 2007 Effective from January 1, 2008By Baker & MCKenzieCHAPTER 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 have a 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 level 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, labor compensation 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 and the Employee 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 the Employee;(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 Articles 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 theother 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 local 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 Employer. 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 ora 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 as 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 declared 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 Employer decides 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 inArticle 42 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 aEmployee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 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, the rate 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 CONTRACT。
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巴基斯坦劳动法——Pakistan employment laws2014-11-24 翻译笔记Page 1Employement Regulations劳动法规新词汇与短语parameter[pə'ræmɪtər] 决定因素，参量grievance['ɡriːvəns] 委屈，冤情redress[rɪ'dres] 赔偿，救济，缓解；纠正，补偿，革除，惩罚ratified['rætɪfaɪd] 批准的，认可的enlighten[ɪn'laɪtn] 启发，开导，教导forum['fɔːrəm] 论坛the redress of workers' grievances. 缓解工人申诉in force 生效，实施at issue 在争论中concurrent [kən'kərənt] 同时发生的Constitution [ˌkɒnstə'tjuːʃən] 宪法Federal and Provincial Government 联邦与省级政府Uniformity [ˌjuːnɪ'fɔːməti] 一样，同样Workers Employers Bilateral [ˌbaɪ'lætərəl]（双边的）Council of Pakistan（WEBOP）巴基斯坦劳资双边委员会实用句式：1、WEBOP has been established which facilitates [fə'sɪlɪteɪt]（使。
更容易，帮助）theresolution of issues relating to bilateral rights. 委员会的成立有利于解决有关劳资双方权利问题。
2、The total labor force of Pakistan is comprised of approximately[ə'prɑːksɪmətli]37.15million people, with 47% within the agriculture sector['sektər]（部分，部门，区域）, 10.50% in the manufacturing and mining['maɪnɪŋ]（采矿，矿业）sector and remaining 42.50% invarious other professions. 巴基斯坦的劳动力总量大约有3715万人口，其中农业占47%，制造业与采矿业占10.50%，其他各种不同的行业占剩下的42.50%。
Page 2新词汇与短语Enactment[ɪ'næktmənt] 制定颁布，法规Initiative[ɪ'nɪʃətɪv] 自发的，倡议，主动权，首创精神，第一步Address [ə'dres] v. To deal with处理，提出，称呼，发表演讲，写地址Child labor awareness of the problem对童工问题的认识the Employment of Children Act 童工就业法案provide the basis for sb. 为。
提供依据work permits工作许可other initiatives to address the issue of child labor effectively有效解决（处理）童工问题的其他举措/ addressed the issue of absenteeism[ˌæbsən'tiːɪzəm] 旷工，旷课对于任何一种形式的签证要求business visa 商务签证Visa on Arrival （VOA）落地签证/过境签证For 30 days validity on stay 逗留的有效期为30天the concerned Trade Organization/ Association 被关注的贸易组织Recommendatory letter by Honorary Investment Counselor of BOIMissions abroad.名誉投资顾问的推荐信或任职于海外大使馆实用句式1、All forms of forced labor and human trafficking are prohibited. 禁止各种形式的强迫劳动与人口贩卖。
2、duly['duːli]（适当地，及时地）filled visa form填写好的签证表格3Original Passport (valid for at least six months) along with its photocopy['foʊtoʊkɑːpi]. 护照原件（有效期至少六个月），连同其复印件。
/Passport Copy 护照复印件4、Two recent passport size photographs (with white background).两张近期护照照片（白底）Page 3 the Employment Market 就业市场新词汇与短语Rural['rʊrəl] 农村的Urban['ɜːrbən] 城市的surplus['sɜːrpləs] 过剩的，多余的According to the economic survey根据经济调查employed persons 就业人口employed labor force 就业劳动力increase/grow from…… to …..从。
增长到。
the community and social-services sector 社区与社会服务部门The manufacturing and mining, construction and transport sectors 制造与采矿业，建筑与交通业the public sector 公共部门/国营部门the private sector 私营部门legal retirement age 法定退休年龄employment agencies职业介绍所，就业中介skilled managerial staff 熟练的管理人员advertise in the local press在当地的报纸刊登招聘广告conduct your own interviews你自己进行面试实用句式1、The employed labor force is defined as individuals of at least ten years of age who work for atleast one hour during the reference period and are either "就业劳动力是指不管打工者还是个体户，年龄不低于小时的劳动个体。
2、Employment increased at the rate of 2.1%, the same as in the previous year.与上年相同，就业人口以2.1%的速度增长。
3、The estimated official unemployment rate was at 8.3% from July 2002 through June 2004,with urban and rural rate of 7.6% an 9.8% ,respectively.在2002年7月到2004年6月期间，官方统计的失业率为8.3%，其中城市失业率为7.6%，农村失业率为9.8%。
4、Workers may retire according to company policy, which ranges by age from 55 to 60 years根据公司规定，年龄在55岁到60岁之间，或为其服Page4 Engagement and Dismissal 聘用与解聘新词汇与短语aggrieved[ə'ɡriːvd] (因受伤害而)愤愤不平的；痛心的；受到侵犯的steward ['stuːərd] 管理员，干事，乘务员retrenched[rɪ'trentʃ] 减少开支；削减花费discharge [dɪs'tʃɑːrdʒ] 解除，解雇the Industrial and Commercial Employment (Standing Orders) Ordinance 工商雇用（常规）条例Standing Orders 长期适用的议事规程(现行命令；制造费用单)/常规Ordinance['ɔːrdɪnəns] 法令，条例Victimization [ˌvɪktɪmaɪ'zeɪʃn]牺牲，欺骗intervene[ˌɪntər'viːn]干预，调停，介入，插手bona-fide[ˌboʊnə'faɪdi] 真诚的；无欺的；名副其实的实用句式The ordinance applies to all industrial and commercial establishments throughout the country. 这一条例适用于全国范围内的所有工商部门issue a formal appointment letter 发出正式聘书in other establishments, domestic servants, farm workers or casual labor在其他场所，家庭佣人，农场工人或临时工tenure['tenjər]（任期）of appointment 任职期限other fringe [frɪndʒ]（次要，额外补贴）benefits admissible可受到的其他福利待遇（代替）notice 代通知金支付The services cannot be terminated for any reason other than misconduct除了不正当行为以外的其他任何理由都不可能解除该服务期限。
through the shop stewardwithin three months of the occurrence of the cause of action 在案发后的三个月内To safeguard against sth. 为了。
防止Page5-6 Employee’s Rights and Remuneration 劳动者权利与薪酬新词汇与短语Remuneration[rɪˌmjuːnə'reɪʃn] 报酬，酬劳，赔偿Consolidate[kən'sɒləˌdeɪt] 巩固Judiciary[dʒu'dɪʃieri] 司法部，司法制度curtail[kɜːr'teɪl] 消减，缩减reinstatement[ˌriːɪn'steɪtmənt]复职，恢复，复原eliminate[ɪ'lɪmɪneɪt] 淘汰，剔除predecessor ['predəsesər] 前任epidemic[ˌepɪ'demɪk] 流行性疾病retroactive[ˌretroʊ'æktɪv]可追溯的实用句式a new industrial relations ordinance（新劳资关系条例）;the wage ordinance(工资条例)the Condition of Employment Ordinance就业条件条例the Human Resource Development Ordinance人力资源开发条例the Occupational Safety and Health Ordinance职业安全与健康条例the Labor Welfare and Social Safety Ordinance劳动福利与社会安全条例the Reformation of Labor Judiciary Ordinance劳动司法改革条例strengthen democratic trade unionism加强民主工会制度on various grounds基于各种理由wrongful termination非法终止a designated collective-bargaining agent 指定的集体谈判代表a re-audit of the company's accounts 对公司账目进行重新审计a panel of auditors 一个审计小组the National Industrial Relations Commission 国家劳资委员会labor appellate[ə'pelɪt]上述的[traɪ'bjuːnl]（法庭，裁决）劳资上诉审裁处improve dialogue and reduce litigation [ˌlɪtɪ'ɡeɪʃn]（诉讼，起诉）完善对话与减少公诉more extensive preliminary conciliation[kən'sɪlɪ'eɪʃən]（安抚，怀柔）and arbitration proceedings更广泛的初步调停与仲裁的程序the Essential Services Maintenance Act 基本服务维护法without prior permission from the labor court事先未得到劳动法庭的许可civil commotion[kə'moʊʃn]（骚乱，混乱）民众骚扰illegal lockouts非法停工illegal strikes非法罢工The Workmen's Compensation Act 劳动者赔偿法案The Workmen's Compensation Act entitles them to compensation for injuries resulting from on-the-job accidents.根据《劳动者赔偿法案》劳动者有权要求工伤赔偿2014-12-9 翻译笔记Page7-10Employees social security ordinance, 1965——劳动者社会保障条，1965新词汇与短语An Employees Social Security scheme 劳动者社会保障计划comprehensive medical cover综合医疗保险employment injuries 工伤on the basis of the contributory principle基于缴费的原则the Social Security Contribution社保缴纳under section 70 of the ordinance 按照这条例第70款Workers welfare fund ordinance, 1971——员工福利基金条例，1971新词汇与短语assessable[ə'sesəbl] 可估计的，可征收的apprenticeship[ə'prentɪʃɪp] 学徒期，学徒身份in respect of 关于。