【劳动法】用人单位责任(法学外文英文文献翻译稿中英对照)

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工资制度中英文对照外文翻译文献

工资制度中英文对照外文翻译文献

工资制度中英文对照外文翻译文献工资制度中英文对照外文翻译文献(文档含英文原文和中文翻译)Management Style and FairPaymentTom HusbandThis article discusses the relationship between management style within a firm and the procedures used to determine internal wage and salary differentials. At a time when management styles are apparently becoming less authoritarian and paternalistic in favour of greater worker participation there is obviously a danger of firms using payment techniques which are inappropriate to the current management/worker relationship. Some simple models of workers and organization are used to identify four broad styles of management. These styles are then related to the job evaluation and performance rating techniques in common use in British industry today. Some general conclusions are drawn concerning future trends in payment to suit management style.IntroductionProblems of internal pay structuring have always been of keen interest to both managers and students of British industry. In recent years however the setting of rational and fair pay differentials has taken on a particular significance. Our social andmanagerial attitudes to criteria for reward are changing fast. The whole question of pay relativities is now seen to be central to the establishment of a just industrial society. Within individual firms managers and employees are questioning the traditional approaches to work structuring and wage payment. There is adistinct move from both sides of industry towards a greater degree of employee consultation and participation in the running of the firm. This trend has brought with it fresh approaches to the analysis of work and the determination of equitable wage and salary differentials.A great many British companies have already applied themselves to solving the dynamic problems of work analysis and reward. The majority are probably only now deciding how best to approach these same problems. It is fair to say that a great deal of confusion and even controversy surrounds the issues involved. In the last decade managers have been deluged with new techniques of pay administration.All of these techniques are valid when applied under appropriate conditions. The dilemma which has faced managers is to know which of the techniques is relevant to the solution of their particular problems. There have been many sad cases of mismatch between technique and situation.Managers need an overall company strategy for work analysis and pay. The integration of techniques into a total package of wage and salary administration must reflect the management style employed in the company, as well as recognize the many constraints put on managerial control.Many companies are now facing up to situations where management styles are altering and technological and other influences are changing fast. The company pay strategy has to mirror these changes if it is to remain effective.Ideally the internal payment structure should reflect the organization structure (and hence the structure of responsibility carried across job hierarchy). However there is no single ideal structure of organization and consequently there can be nosingle ideal structure of pay. Each firm has a range of needs which are met or partially met by the measures taken by management. We can begin the argument by examining the management styles associated with the needs of the employee/ manager relationships - the so-called 'psychological contract'.Management Styles and the Psychological ContractObviously the management style used in fulfilling the psychological contract reflects the way in which managers in the company expect employees to behave. Some managerial teams expect their employees to simply have what is known as a 'calculative' involvement with the company. They are expected to do what is required by the goal-setters (the management team) and no more. The contract is fulfilled by paying sufficient wages or salaries to motivate the employees to meet the goals set by the managers. Many small family firms operate this management style and there are possibly a great many large companies too. It is convenient to label this type of management view of the organization as 'goal oriented'. In the extreme such managers might perceive only a single goal (profit ratio, market share, etc) without requiring the employees to have any identification or 'moral involvement' with that goal. A totallydifferent conceptual model of the organization allows for the achievement of a whole range of needs24 Personnel Review Vol 4 Number 4 Autumn 1975by the organization. Managers who conceive of their companies in this fashion see the need for balancing the 'system' of needs. Employees (and especially other, junior managers) are perceived as people whose actions should influence the entire organization not just their own department or subsystem of, for example, production control or purchasing or marketing, etc. Theview held here is that it is no good to have nine tenths of the company's needs being met and the other tenth ignored. It is a 'systems' approach and is a model which is apparent in the management philosophy of our larger and more progressive industrial companies.Between these two polar models of organization there is obviously scope for many other concepts. A pluralistic model, for example would allow for different constituent parts of the organization to have their own separate goals.The models that managers hold of men as distinct from the goals of the company are described in a massive literature of organizational psychology. It is possible in this area also to establish extreme, polar concepts. One extreme would be the assumption that man is a 'rational-economic' animal. Because of this a manager holding such a view might use McGregor's well-known Theory X approach to his subordinate. McGregor1 points out that 'rational-economic' man assumptions imply that man is lazy by nature and is motivated primarily by financial incentives. The employee is seen to need direction and control so that he will work towards the organization's goals. He is seen to be unambitious and reluctant to take responsibility. The assumptions associated with Theory X are, of course, built into the foundations of the Classical organization theories. The employee, in short, is seen to react to his environment.The model of man seen to be at the opposite from the reactive, Theory X man is McGregor's Theory Y approach. Assumptions on which Theory Y are based include the fact that most men do not dislike work, they seek a challenge from the work environment and in fact welcome the opportunity to achieve a 'moral' involvement with the organization. Underappropriate conditions the employee, says Theory Y, will seek out responsibility and is capable of imagination, ingenuity and creativity.There have been several attempts to classify the various models of man and organization, a notable example being the typology developed by Etzioni2. For the purpose of this present discussion, however, the simple model constructed by Limerick3 to show the type of management style implied by management's assumptions about men and organization seems appropriate. The model takes the form of the matrix shown in Figure 1 below: Reactive Man Self-Active ManGoal Organization AuthoritarianManagementConsultativeManagementSystem Organization PaternalisticManagementParticipativeManagementFigure 1 The Limerick Matrix of Management StylesThe matrix suggests that if management holds Theory X (reactive man) assumptions and sees the organization as being single goal orientated, the style implied is authoritarian. At the other extreme, should the assumptions be of Theory Y nature and the organization be seen as systems orientated, the model implies that the strategy is participative. It must be borne in mind, of course, that this classification represents pure types of organization which probably do not exist as such in practice. It is meant to be a relative model which shows only the extreme assumptions and implied strategies. It is, however, veryimportant to be able to put the problem of differing styles into some perspective.Equitable PaymentThe four styles of management proposed in the model can be considered with special reference to problems of equitable payment. Authoritarian management is typified by the proposals of the Classical management theorists (eg Fayol,Urwick, Gulick). The organization is managed along the universal principles of planning, organizing, motivating and controlling and the structure is pyramidal with great emphasis on line authority. There is rigid specialization and departmentalization. Participation by non-management in meeting the organization's goal is severely restricted.In paternalistic management the systems needs of the organization must be met by those employees who are not seen to be reactive. Thus, for example, some large, sophisticated industrial organizations typically perceive themselves to have 'systems' of needs, the non-managers and even junior management are seen as reactive while the senior management team is often assumed to consist of self-active men. Here the senior managers assume that they have to meet their subordinates' needs for them; say by providing preferential pension schemes and welfare benefits and cheap canteens, sometimes with little consultation with the employees involved.A paternalistic organization is also typified by a pyramidal structure and an emphasis on line authority. Paternalism is improved over the authoritarian strategy in that employees are often allowed to present alternatives for action in non-task activities. Many British concerns are run on clearly paternalistic lines. There are several well-known, large organizations (typicallythe major employers in their respective communities) which adopt a 'cradle to grave', protective attitude to their employees. In the past such firms tended to discourage trade union representation believing that a company union or association could better meet the needs of their workpeople.In a paternalistic company one would expect the pay level for shop floor and clerical workers to be relatively low, the employees being compensated by superiorwelfare benefits and greater job security in general. In an authoritarian firm the pay levels in the lower job grades could be expected to be slightly higher (for the same economic and technological conditions) than in the paternalistic company. In fact, however, some of the larger well established paternalistic concerns often have a reputation for paying basic wages and salaries above the norm.A consultative management strategy implies that man is seen as self-active but requires to be directed so that his needs are integrated with the goal of the organization. The manager's functions are, as in the authoritarian strategy, to plan, organize, motivate and control but in this case the process is carried out in such a way that maximum autonomy for employees is allowed without endangering the goal of the organization. The strategy implies a pyramidal structure with only a limited recognition of the non-managers' right to be heard. Participation is allowed to the extent that employees can present alternatives for action in task activities. The style of management is man-to-man but the strategy is also characterized by the use of joint consultative conferences and the like.Participative management assumes that self-active man will make a responsible contribution to the achievement of thesystem's needs. The manager's function is to act as a monitor of the system needs and to create conditions in which they can be met. This strategy implies a fluid, 'organic' structure and recognizes both formal, line authority and the authority of non-executives as a result of their personal expertise. Group work is encouraged and, in participating, employees are allowed to present and evaluate alternative courses of action.In the consultative and participative strategies, then, employees are encouraged to view the organization as a unitary system. Because of this, one would expect to find the pay of low level jobs being compared, formally, to that of the higher-level jobs. In short, one could expect an approach to an all-company job evaluated pay structure since employees are concerned more with the company as a whole compared with their counterparts in companies managed by the first two strategies outlined above. Participation and PaymentThere appears to be some movement towards greater involvement of all employees in the management of British firms. The mood of the day suggests that authoritarian management is fast becoming unacceptable to employees and that even paternalism is unwelcome.At least one large British corporation has developed work designs which eliminate the need for the traditional foreman.The workers operate in teams which decide, for themselves,on the allocation of work duties, shift rota details, holiday arrangement details and the like. More importantly the workers participate, in the true sense, in writing the team's job description and consequent pay grade. Obviously this type of job design and organizational thinking greatly affects a company's philosophy of work and reward. If the apparent trend towards greaterparticipation continues we can therefore expect to see a greater emphasis on the workers' 'knowledge' authority. The managerial style used by a company is clearly important in deciding the most appropriate forms of work analysis and reward. It is obviously wrong for a companywhich is, say, essentially paternalistic to install pay systems which depend on true participation for their effectiveness. Yet this is not at all unusual.If there really is a strong move towards consultative and participative management styles across British industry what are the implications for payment techniques in the future? Managers usually apply two types of technique - one, job evaluation, to provide a ranking of job value in terms of basic wages or salaries and, two, merit rating (or performance appraisal, or incentive systems) to provide a means of rewarding individual employee effort and achievement.Job evaluation techniques which yield a single, company-wide payment structure would seem to offer promise within participative firms. Two fairly recent ideas fit the specification ideally. Elliott Jaques' widely discussed time span of discretion system developed in his famous Glacier Project suggests that all jobs at all levels within a firm can be evaluated and rewarded in terms of a single criterion. That criterion is the responsibility carried by the employee in his job and is measured in terms of the time he has to wait to find if his tasks or decisions have been effective. The longer the time span the greater the responsibility and the higher the reward. In addition Jaques has found that when time span values are plotted against the corresponding 'felt fair' wages or salaries a specific distribution exists. Thus he can analyse all jobs in the company in terms of the time spanmechanism and produce a payment structure which relates, on one graph, the pay of the labourer and copy typist gto that for the sales manager and managing director. The time span approach has not so far been widely implemented for job evaluation purposes (although it is a well recognized and valuable approach in other areas such as management development). Is it likely to become more popular? If the trend in management style is towards more participation the answer must surely be no. Because the evaluation criterion (time span) and the pay distribution are so well defined and specified it is extremely difficult to see how employees can participate in its implementation. Employees are forced to accept that the company 'knows best' (paternalism implied) or that the company has the right to enforce the system of its choice (autocracy implied).A second, and superficially similar proposal, comes from Paterson whose decision band technique of job evaluation and payment structure is currently being widely discussed. Paterson's sole criterion of job value is the hierarchical level of decision-making required by the job. The higher the decision level (policy-making as against routine, procedural decisions) the greater the responsibility implied and the higher the reward. The decision band method is applied to all jobs in the company and provides a specific shape of payroll distribution. (When wages and salaries for the jobs are plotted on a log scale against their decision levels a straight line should be achieved. Paterson argues that this exponential relationship is a necessity for internal payment equity.) Again, as in Jaques' proposals, there appears to be too much predetermination to allow for much employee participation in applying the scheme. However Paterson is muchless rigid in his approach and accepts that certain job factors have to be bargained and paid for in addition to the payment levels established by decision band grading. The fact that Paterson's method is now in use in several British firms and is about to be applied to all jobs within the Danish civil service implies its acceptability. The method probably will be used considerably in future since, although the decision level framework is inflexible, the analysis of jobs emphasizes the 'knowledge' authority of the employee to a very considerable extent. In short the system puts high value on information and advice for decisionmaking as well as the decision-making itself. It must be said however that, in itself, the decision band approach is unlikely to be widely applied as a job evaluation technique within craft union job families. The great attraction of the method is the provision of a payment structure and evaluation framework which can be used as a valuable guide in bargaining and consultation situations.The conventional methods of job evaluation can be applied in an autocratic or democratic fashion by management. The hybrid forms of job evaluation, developed by firms of consultants,which tend to make use of the most relevant aspects of a number of separate schemes possibly hold the greatest promise for participative firms. By allowing as many employees as is feasible to participate in the ranking and grading of jobs, management can develop a genuinely acceptable profile of the job values. The snag with conventional and hybrid schemes is that they provide separate payment structures for separate job families. A system such as the decision band method is then required to knit the component pay structures into a company-wide whole.In payment for individual performance the greatest emphasis seems to lie, still, on incentive schemes for manual workers. In the orthodox incentive system management control depends heavily on stop watch time standards. Employees are inclined to be seen as having the 'calculative involvement' noted earlier in the goal oriented philosophy. In moving from an individual incentive system to measured daywork the workers are seen to be less reactive and more self-active.26 Personnel Review Vol 4 Number 4 Autumn 1975They are consulted with a view to improving methods and production planning. In the plant-wide bonus schemes (such as the Scanlon or the Rucker Plans) the employees are seen to have a 'moral involvement' with the company's total objectives. To achieve this degree of involvement often requires that the employees gain access to information which has been considered to be traditionally for management eyes only. It calls, in fact, for true participation.Thus the orthodox piecework systems tend to fit best with an authoritarian management style; measured daywork with a consultative style; plant wide schemes with participation. Where do the paternalistic companies fit? Typically they employ merit rating systems which assess (through the supervisor's rating) how well the employee matches the company norms in terms, typically, of quality and quantity of work, initiative, team spirit and timekeeping.The appraisal of managers' performances has recently been seen to be appropriately tackled by the Management-by- Objectives approach. This calls for a considerable degree of participation or at least consultation in agreeing with a subordinate manager what constitutes realistic future targets forhim to achieve. On the face of it this type of approach appears to have continuing promise for the future. There are some mechanical problems often associated with applying MBO but its participative forward-looking basis is surely appropriate.We come to the view then that as firms change their management styles from authoritarian/paternalistic to consultative/ participative they must review the nature of their payment strategies. Hopefully the management style will match the mood of the firm's employees and, in turn, be reflected in the determination of an equitable payment structure. It is obviously wrong to apply techniques, however sophisticated, which will call for a management style which does not exist in the company. Equally it is just as wrong to persevere with techniques which were right for the management style and the mood of the employees ten years ago but inappropriate today.If the trend towards consultation and participation does gather force we can expect to see job evaluation in terms of the hybrid type with maximum employee participation in its implementation. We can also expect a move towards a single company-wide payment structure using a system such as Paterson's decision band framework to integrate the separate job family structures. The trend towards measured daywork and plant-wide incentives should also gather force. Executives can expect to have their performances appraised more and more by an MBO type of system (although the details may vary from the current MBO models).We must not be too sure however that there will be a rush away from authoritarian/paternalistic styles. People in industry, as in all walks of life, are resistant to change. The managers who are most important in making participative payment strategiesoperational are those in the middle levels. Unfortunately, many such managers do not or cannot accept the validity of worker participation and would, consequently, be unable to apply the newer schemes successfully. However it is difficult to see the trend being resisted in the long run. We should be ready for it and plan payment strategies accordingly. It is too important an issue to ignore.管理风格和公正的工资制度约翰本文主要涉及在固定范围内公司的管理风格和确定内部工资差别的程序的关系。

新劳动合同中英文双语版本

新劳动合同中英文双语版本

劳动合同Employment Agreement一、立合同双方 1. This Employment Agreement is made and entered by and between the following parties:1(甲方名称):注册住所:常驻地址:法定代表人:Party A:Registered Address:Permanent Address:Legal representative:2(乙方姓名):户籍地址:常住地址:身份证号;邮政编码:联系电话:Party B:Registered domicile:Habitual residence:Number of ID Card:Tel:二、立合同事由 2. RECITALS鉴于甲方愿意录用乙方,乙方愿意到甲方工作,按照《中华人民共和国劳动法》、《中华人民共和国劳动合同法》和《上海市劳动和同条例》等我国国家和地方政府的有关法律法规和行政规章,以及甲方制定的各项规章制度,本着平等、自愿的原则,经甲、乙双方协商一致,特签订本劳动合同(以下简称“本合同”)。

WHEREAS, Party A intends to employ Party B and Party B intends to work for Party A,In accordance with Labour Law of the Pe ople’s Republic of China, Law of the People’s Republic of China on Employment Contracts, Shanghai Regulations on Employment Contracts and China’s national and local laws, regulations and administrative rules and Party A’s regulations and rules, and through negotiation based on equality and free will, the two parties agree to conclude this Employment Agreement (hereinafter referred to as this Agreement) under the following terms and conditions:三、合同条款 3. Terms and Conditions第一条(合同类型与期限)Article 1 Type and Validity Term of Agreement(一)本合同为有无固定期限的劳动合同,合同期从年月日起,至年月日止。

新劳动合同中英文双语版本

新劳动合同中英文双语版本

劳动合同Employment Agreement一、立合同双方 1. This Employment Agreement is made and entered into by and between the following parties:1(甲方名称):注册住所:常驻地址:法定代表人:Party A:Registered Address:Permanent Address:Legal representative:2(乙方姓名):???????????????????? ??????????户籍地址:??????????????????????????????常住地址:??????????????????????????????身份证号;????????????????????????????????邮政编码:??????????????????????????????联系电话:??????????????????????????????Party B:Registered domicile:Habitual residence:Number of ID Card:Tel:二、立合同事由 2. RECITALS鉴于甲方愿意录用乙方,乙方愿意到甲方工作,按照《中华人民共和国劳动法》、《中华人民共和国劳动合同法》和《上海市劳动和同条例》等我国国家和地方政府的有关法律法规和行政规章,以及甲方制定的各项规章制度,本着平等、自愿的原则,经甲、乙双方协商一致,特签订本劳动合同(以下简称“本合同”)。

WHEREAS, Party A intends to employ Party B and Party B intends to work for Party A, In accordance with Labour Law of the People’s Republic of China, Law of the People’s Republic of China on Employment Contracts, Shanghai Regulations on Employment Contracts and China’s national and local laws, regulations and administrative rules and Par ty A’s regulations and rules, and through negotiation based on equality and free will, the two parties agree to conclude this Employment Agreement (hereinafter referred to as this Agreement) under the following terms and conditions:三、合同条款 3. Terms and Conditions第一条(合同类型与期限)Article 1 Type and Validity Term of Agreement(一)本合同为有?? ?无?? 固定期限的劳动合同,合同期从????????年???月???日起,至????????年????月????日止。

法律法规大全中英文

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。

【劳动法】用人单位责任(法学外文英文文献翻译稿中英对照)

【劳动法】用人单位责任(法学外文英文文献翻译稿中英对照)

<JUSTIFICATION FOR A PROPORTIONAL LIABILITY RULE>A. Deterrence of InefficiencyBehavior is inefficient insofar as it results in a net loss to society.This loss occurs when the costs of the behavior exceed the benefits. One of the goals of our legal system is to discourage inefficient behavior by causing the decision-maker to suffer (that is, internalize) the adverse consequences his behavior imposes on others. [FN8] When the decision-maker bears both the benefits and burdens of his behavior, he will, one expects, behave in a way that maximizes his net benefits and thus in an efficient manner. This goal of deterrence, accomplished through imposition of the costs of inefficient behavior on the decision-maker, underlies the rules for liability in negligence and strict liability.The negligence standard, provided by Judge Learned Hand's classic formula in United States v. Carroll Towing Co., [FN9] first decides what behavior is inefficient and then imposes the costs of that behavior on the decision-maker. There is negligence when the benefit (B) of the conduct is less than the probability (P) of loss (L) from this conduct. [FN10] In algebraic terms, negligence exists where B < P x L. (P x L) is the expected cost of the conduct. [FN11] When the benefit of the conduct is less than its expected cost, the conduct is inefficient because it produces a net loss for society. The expected cost of this inefficient *1068 conduct is imposed on the decision-maker by subjecting him to damages every time an injury is caused by his negligent conduct. [FN12] When the decision-maker is forced to consider the expected cost along with the benefit of his conduct, he is encouraged, by reason of the loss that he would suffer, to refrain from the negligent conduct. Theoretically under the Hand formula, the rational individual who would be subjected to damages if he were negligent will not act when B < P x L. On the other hand, when B > P x L, the decision-maker's conduct is not negligent and he is encouraged, by reason of the benefit he would enjoy, to engage in the nonnegligent conduct.Strict liability also generates efficient results. Stricc liability does not decide what behavior is inefficient. It imposes liability on the decision-maker for harm caused, whether it is negligent or not. The decision-maker, however, is forced to consider the expected cost of his conduct along with its benefit in a way that produces the same results as in negligence. When the decision-maker would be negligent (B < P x L), he is encouraged to refrain from the negligent conduct because his costs would exceed his benefits. When he would not be negligent (B > P x L), he is encouraged to engage in the conduct even though, contrary to the case of negligence, he is forced to pay its costs. In the latter instance the conduct produces a net benefit for the decision-maker because his expected cost is still less than his benefit.The following example illustrates the deterrent effect of negligence and strict liability on inefficient behavior. Assume that a landlord is considering the purchase of a $120 mat for a slippery common hallway and that the mat has a life of one year. Without the mat, it is expected that people will fall six times and injure themselves to the extent of $100 per fall over the lifetime of the mat. Under these circumstances, either a negligence or strict liability rule would induce the landlord to purchase the mat. If she does not buy the mat, the benefit to the landlord is the $10 per month she will save from the cost of the mat, while the expected cost is a 50% chance (P) of injury each month [FN13] at a $100 cost (L). The expected cost of $50 (50% of $100) per month exceeds the benefit of $10 per month, and thus the landlord would be negligent not to buy the mat. Under a negligence standard, knowing that she will be liable in damages for any injury caused by her negligence, the landlord thus is encouraged to buy the mat. Under a strict liability standard, the landlord would be held liable merely for causing harm; however, the calculation and resulting deterrence of inefficiency would be the same.Because damages would be imposed on the user if he used Process Y, he is deterred from using it and encouraged to use Process Z. This result is efficient because the conduct that is deterred would have produced a net loss for society. Conversely, if Process Y is $300/day cheaper to use than Process Z, the nuclear energy user is encouraged to use Process Y, whether under negligence with no liability for damages or under strict liability with liability for damages that nevertheless are less than benefits received. This result alsowould be efficient because the conduct that is encouraged produces a net gain for society.Proof of causation under the present system permits the factfinder to establish the fact of causation on the basis of evidence that it is more probable than not. Once causation is established, full liability is imposed on the defendant. If causation is not more probable than not, the plaintiff fails to carry the burden of *1070 proof and no damages are awarded. This result is inefficient if the evidence supports a probability of causation other than 0% or 100%. A modified version of the first cancer example described above demonstrates the need for a proportional liability rule to obtain more efficient results.B. Corrective Justice 矫正正义In addition to promoting efficiency, the proportional liability rule provides a better scheme for fair compensation of the parties than the prevailing preponderance of the evidence standard. Defendant's wrongdoing and plaintiff's injury ordinarily must bear a cause and effect relationship in order to trigger liability. Causation of harm [FN23] and the existence of wrongdoing [FN24] justify the imposition of liability, but more is needed. The causation of harm must be linked to the wrongdoing-the question is how and with what effect.In cases in which the link between causation of harm and wrongdoing is uncertain, the plaintiff is overcompensated every time the probability of causation leads to proof of causation but causation in fact does not exist, and the plaintiff is undercompensated every time the probability of causation doesnot lead to proof of causation but causation in fact exists. [FN25] Correspondingly, the defendant may pay more (or less) in damages than the cost of the injury she has caused by her conduct. While the proportional damages approach does not cure this problem from the plaintiff's perspective, it does remove the problem of over- or under-compensation from the defendant's perspective. Under the proportional liability rule, the defendant tortfeasor pays for, and only for, the harm it is expected she has caused. Over time, if the defendant were to engage in repeated instances of her conduct, she would actually cause the harm she is paying for, even though the victimsof her injury-causing conduct share the damages for their harm with others who have not suffered from her conduct. [FN26]Consider the case in which a negligent act is committed and a hundred injuries occur in conjunction with this act. It is uncertain if the act has caused any one of these injuries, but the probability of causation of each injury by the negligent act is found to be 50%. The factfinder is saying in effect that in fifty out of the hundred situations, it expects that the negligent conduct actually caused the injury, while in the other fifty situations the negligent conduct did not cause it. If relief is denied in each situation for failure to prove causation, the tortfeasor escapes liability for harm that she is believed to have caused in fifty of *1074 the situations. She is undercharged and the plaintiffs who are injured by her tort are undercompensated..If the proportional liability rule is applied, the plaintiff in each of the hundred situations receives compensation in the amount of 50% of the harm suffered, and the total amount of damages awarded equals the total amount of harm suffered. While it is true that some plaintiffs receive less than the full amount they deserve and others receive a windfall in damages for injuries not caused by the defendant's tortious conduct, at least the award of partial damages in each case under the proportional liability rule charges the defendant with the full amount of the damages that she has caused and would have had to pay if causation had been proved with certainty. [FN27]As a variation of this example, consider the situation where the probability of causation is 60%. If the defendant is required to compensate each of the injured plaintiffs in full although in 40% of the instances she has not caused the harm, she must pay $100,000 in damages when she has caused only $60,000 worth of injury. The defendant is overcharged and 40% of the plaintiffs are overcompensated. Under the proportional liability rule, if the defendant is charged only $600 (.60 x 1,000) in each situation, rather than $1,000, she pays damages to the extent of the harm she has caused. While it is true that those who are actually injured by the tortious conduct do not receive their compensation in full and the others receive compensation to which they are not entitled under traditional tort theory, a fairer distribution of the damages is not possible given the uncertainty of causation. [FN29]*1075 A proportional liability rule is justified by its deterrence of inefficient behavior and its promotion of a fairer scheme of compensation. Yet the tort system continues to favor an all-or-nothing approach to liability based on proof of actual rather than probable causation. The persistence of this approach stems from misconceptions about the nature of proof that are examined in the next section. [FN30]实施比例责任规则的理由A. 无收效的威慑当行为造成了社会的净损失时,在这个程度上讲,它就是没有收效的行为。

劳动作文之劳动合同法英文版

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”。

劳动合同-中英文对照

劳动合同-中英文对照

劳动合同Labor Contract甲方名称(用人单位):【】单位地址:【】法定代表人(单位主要负责人):【】Party A's name (Employing unit): 【】Company address: 【】Legal Representative (Authorized Representative) :乙方姓名:家庭住址(或户籍地址):身份证号码:Party B's name:Home address (or household register address) :ID card number:根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》、《上海市劳动合同条例》以及有关法律、法规和政策,甲方和乙方(以下各自称“各方”,共同称“双方”)遵循平等自愿、协商一致的原则,签订本劳动合同,以确立劳动关系,明确双方的权利和义务,并共同遵守。

各方的权利和义务如下:According to "The Labour Law of the People's Republic of China," "The People's Republic of China Labour Contract law," "Shanghai Labour Contract Regulations," and other relevant laws, regulations and policies, Party A and Party B (below termed "each party," together termed "both parties") shall adhere to the principles of equality and consensus, and will sign this labour contract in order to establish a working relationship and to define the rights and obligations of both sides. The rights and obligations of each side are as follows:第一条劳动合同期限Article 1 Labour Contract Time Period1.1 本合同期限类型为期限劳动合同。

雇佣合同中英文对照全职

雇佣合同中英文对照全职

.同动合全日制劳Full-time Employment Contract:Name of Party A (Employer): 甲方(用人单位)名称Address:住所Legal Representative (or Principal 法定代表人(或主要负责人):Responsible Person):Name of Party B (Employee): 乙方:(劳动者)姓名Sex性别:ID Card No: :居民身份证号Education Background :文化程度Address 住址:等法律、《中华人民共和国劳动合同法》《中华人民共和国劳动法》、根据法规、规章的规定,在平等自愿,协商一致的基础上,同意订立本劳动合同,共同遵守本合同所列条款。

The Parties, intending to be bound hereby, agree to enter into thisEmployment Contract on the basis of equality, free will and mutual consultation , the “PRC”)pursuant to the Labor Law of the People's Republic of China (Employment Contract Law of the PRC and other laws, regulations and rules. 劳动合同类型及期限第一条Article 1 Type and Term of the Employment Contract项确定。

一、劳动合同类型及期限按下列第1. The type and term of the Employment Contract shall be determined asset forth in Item ___ below:、固定期限:自年月日起至年月日止。

中华人民共和国劳动法(英文版)

中华人民共和国劳动法(英文版)

中华人民共和国劳动法(英文版)第一篇: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 BOUR 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 TRAINING CHAPTER IX.SOCIAL INSURANCE AND WELFARECHAPTER BOUR 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 alabour contract relationship therewith shall follow this Law.Section bourers 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 bourers 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 bourers 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 bourers shall, through the assembly of staff and workers or their congress, or other formsin 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 EMPLOYMENT Section 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 bourers 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.Wherethere 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 asinvalid 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 uponagreement 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 intodifficulties 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 andassistance 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 standardson 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 VACATIONS Section 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 threehours 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 bourers 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)第二篇:中华人民共和国劳动法全文附录:中华人民共和国劳动法(1994年7月5日第八届全国人民代表大会常务委员会第八次会议通过1994年7月5日中华人民共和国主席令第二十八号公布自1995年1月1日起施行已于2009年8月27日经第十一届全国人民代表大会常务委员会第十次会议通过《全国人民代表大会常务委员会关于修改部分法律的决定》修订,自公布之日起施行)目录第一章总则..............................................1 第二章促进就业.........................................2 第三章劳动合同和集体合同...............................3 第四章工作时间和休息休假.. (8)第五章工资..........................................11 第六章劳动安全卫生....................................12 第七章女职工和未成年工特殊保护........................13 第八章职业培训........................................14 第九章社会保险和福利..................................15 第十章劳动争议........................................16 第十一章监督检查.. (18)第十二章法律责任......................................19 第十三章附则. (22)第一章总则第一条为了保护劳动者的合法权益,调整劳动关系,建立和维护适应社会主义市场经济的劳动制度,促进经济发展和社会进步,根据宪法,制定本法。

《中华人民共和国劳动法》中英文对照

《中华人民共和国劳动法》中英文对照

Labor Law of the People's Republic of ChinaThe Labor Law of the People's Republic of China which has been adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 is promulgated now, and shall enter into force as of January 1, 1995.中华人民共和国主席令(第二十八号)《中华人民共和国劳动法》已由中华人民共和国第八届全国人民代表大会常务委员会第八次会议于1994年7月5日通过,现予公布,自1995年1月1日起施行。

中华人民共和国主席江泽民1994年7月5日中华人民共和国劳动法(1994年7月5日第八届全国人民代表大会常务委员会第八次会议通过)目录第一章总则第二章促进就业第三章劳动合同和集体合同第四章工作时间和休息休假第五章工资第六章劳动安全卫生第七章女职工和未成年工特殊保护第八章职业培训第九章社会保险和福利第十章劳动争议第十一章监督检查第十二章法律责任第十三章附则Chapter 1 General Provisions 第一章总则Article 1 This Law is hereby formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard the labour system suiting the socialist market economy, and promote economic development and social progress.第一条【立法目的】为了保护劳动者的合法权益,调整劳动关系,建立和维护适应社会主义市场经济的劳动制度,促进经济发展和社会进步,根据宪法,制定本法。

埃塞劳动法令-final(中英文)

埃塞劳动法令-final(中英文)

FEDERAL NEGARIT GAZETAOF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA埃塞俄比亚联邦民主共和国联邦公报10th Year No. 12 ADDIS ABABA26th February 2004第10年编号:12 埃塞俄比亚首都亚的斯亚贝巴2004年2月26日CONTENTS内容Proclamation No. 377/2003Labour Proclamation No. 377/2003………………………………………...Page, 2453第377/2003号法令第377/2003号劳动法 (2453)PROCLAMATION NO. 377/2003 LABOUR PROCLAMATION第377/2003号公告劳动法WHEREAS, it is essential to ensure that worker-employer relations are governed by the basic principles of rights and obligations with a view to enabling workers and employers to maintain industrial peace and work in the spirit of harmony and cooperation towards the all-round development of our country;鉴于,为了保护劳动者的合法权益,调整劳动关系,建立和维护适应我国经济的劳动制度,促进经济发展和社会进步,特制定本法;WHEREAS, it has been found necessary to guarantee the right of workers and employers to form their respective associations and to engage, through their lawful elected representatives, in collective bargaining, as well as to lay down the procedure for the expeditious settlement of Labour disputes, which arise between workers and employers;鉴于,有必要维护劳动者和用人单位各自的权利,建立双方的协会,通过各自经合法选举产生的代表进行集体谈判,以及规定对劳动者和用人单位之间出现的劳动争议的快速解决程序;WHEREAS, it is necessary to strengthen and define by law the powers and duties of the organ charged with the responsibility of inspecting, in accordance with the law, labour administration, particularly labour conditions, occupational safety, health and work environment;鉴于,有必要通过法律加强和明确监管机关的权力和职责,使其符合我国法律、劳动管理,特别是劳动条件、职业安全、劳动者健康和工作环境的相关规定。

劳动法律英语

劳动法律英语

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:雇员福利必备劳动法律英语(三)ArbitrationWhere it is available, a method of settling a labor-management dispute by having an impartial third party hold a formal hearing, take testimony 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 of both parties. In labor arbitration, the arbitrator's reasons are generally expressed in the form of a written opinion, which accompanies the award.Collective BargainingA method of mutually determining wages, hours and terms and conditions of employment through negotiations between representatives of the employer and the union.Collective Bargaining AgreementA written agreement or contract that is the result of negotiations between an employer and a union. It sets out the conditions of employment (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 terminated through no fault of their own. Economic compensation is intended to provide an unemployed worker time to find a new job equivalent to the one lost without financial distress.ImpasseA deadlock in negotiations. After bargaining in good faith, the parties have failed the reach an agreement on one or more issues.Labor OrganizerA person usually employed by a union (usually the regional or international union), whose function it is to enlist the employees of a particular employer to join the union.Labor ContractThe resulting agreement reached by the parties during the negotiations/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 condition of employment. If the employee later leaves the company, a well-written non-competition agreement prevents former employees from competing with the company, recruiting other employees, or misusing confidential information such as customer databases. Such an agreement should always be used when hiring a key employee, as defined by the parameters of the business. A non-compete agreement is particularly useful for employees who have access to critical information, either through job responsibility or through social interactions with owners or high-level executives. Every business should consider having its key employees or sales people sign this contract as part of their employment agreement. If the employee later leaves the company, this agreement will prevent them from competing with the company.Public EmployeeA person who is employed by a municipal, county, state, or federal agency or state college or university.SupervisorAn individual (regardless of his/her job description or title) having authority, in the interestof 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 grievances, or recommending disciplinary action, if authority is not merely clerical but requires independent judgment.必备劳动法律英语(四)Civil LawA system of law originated from Roman Law and now prevailing in Continental Europe and other parts of the world. The system is based on statutes rather than court decisions.Common LawA system of jurisprudence originating in England and later used in the United States and other Commonwealth countries. It is based on judicial precedent rather than statutory rules."Individual Partnership"Two or more citizens associated in a business and working together, with each providing funds, material objects, and techniques according to an agreement.Sole ProprietorshipA business entity which, in accordance with the Sole Proprietorship Law, is established in China and is invested in by one natural person, and in which the investor owns all its assets and is unlimitedly liable for all the debts of the business.PartnershipProfit-oriented organizations formed by partners who enter into partnership agreements, jointly make capital contributions, carry on business, share profits, bear business risks and are jointly liable to an unlimited extent for all debts and obligations thereof.Joint VentureA business activity begun by two or more companies acting together, sharing the costs, risks, and profits.Partnership EnterpriseA profit-oriented organization which is, subject to the Partnership Enterprises Law, formed within China by partners who enter into a partnership agreement, jointly make capitalcontributions, carry on business, share profits, bear business risks, and are jointly and severally liable to an unlimited extent for all debts and obligations thereof.Individual BusinessRefers to businesses run by individuals who have been lawfully registered and approved to engage in industrial or commercial operations within the sphere permitted by law.Articles of AssociationThe charter of the company, a document filed with the AICs (Administration of Industry and Commerce) by company founders when establishing a company to describe the purpose, place of business, and details of a company.Corporate ServicesThe area of legal services relating to a corporation needs, such as corporate structure, taxation consultation, human resources, etc.NotaryA person authorized to attest to and certify certain types of documents in order to take depositions, and to perform certain acts in commercial matters, such as protesting commercial papers.PleaAnswer made by a defendant to the case presented by the plaintiff.JudgmentLegal decision or official decision of a court.CompensationPayment made by someone to cover the cost of damages or hardship causedBusiness SecretTechnological and business information, inaccessible to the general public, which can bring economic benefits to its owner, has practical applicability and for which the owner has adopted protective measures.Suit, SueCase in a law court; prosecution of a claimLitigationActivities to solve a dispute through legalMediationA dispute resolution method designed to help warring parties resolve their own disputes without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in a courtroom or an arbitrator conducting a binding arbitration, the mediator does not have the power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.Judicial InterpretationsAn interpretation of the decisions made by a judicial system.District People's CourtCourt of the lowest level in the court system of the People's Republic of China, usually established at the county level.Intermediate People's CourtCourt between the level of the High People's Court and the level of the District People's Court.draft 法案,草案Government bill 政府议案to pass a bill, to carry a bill 通过议案to enact a law, to promulgate a law 颁布法律ratification, confirmation 批准law enforcement 法律的实施to come into force 生效decree 法令clause 条款minutes 备忘录report 判例汇编codification 法律汇编legislation 立法legislator 立法者jurist 法学家jurisprudence 法学legitimation 合法化legality, lawfulness 法制,合法legal, lawful 合法的,依法的to contravene a law, to infringe a law, to break a law 违法outlaw, outside the law 超出法律范围的offender 罪犯to abolish 废止,取消rescission, annulment 废除,取消repeal, revocation, annulment 废除(法律) cancellation, annulment, invalidation 废除(合同) cancellation (支票)作废annulment 撤消(遗嘱)repeal rescission 撤消(判决)revocation 撤消immunity 豁免,豁免权disability, legal incapacity 无资格nonretroactive character 不溯既往性prescription 剥夺公权attainder 公民权利的剥夺和财产的没收constitutional law 宪法canon law 教会法规common law 习惯法criminal law 刑法administrative law 行政法civil law 民法commercial law, mercantile law 商法law of nations 万国公法,国际法international law 国际法natural law 自然法labour laws 劳工法fiscal law 财政法Civil Suit Law, Code of civil law 民事诉讼法Criminal Law 刑事诉讼法Military Law 军法Conscript Law 兵役法Copyright Law 著作权法penal code 刑法典code of mercantile law 商法典civil rights 民事权利,公民权利right of asylum 避难权human rights, rights of man 人权(customs) duties 关税death duty, death tax 遗产税royalties 版税。

埃塞俄比亚《劳动法》中文译稿#(精选.)

埃塞俄比亚《劳动法》中文译稿#(精选.)

埃塞俄比亚《劳动法》中文译稿内容公告 NO.377/2003劳动公告 NO.377/2003……..页码,2453公告 NO.377/2003劳动公告鉴于有必要保证工人与雇主的关系受权利与义务的基本原则的指导,这样可使工人与雇主能够保持正常的雇用关系,并且能够在融洽的气氛下进行工作与合作,这样有利于国家的全面发展。

鉴于有必要保证工人与雇主成立他们各自的协会的权利和通过他们合法的选举代表进行集体交涉的权利,以及拟订迅速解决工人与雇主间的劳动纠纷的手续的权利。

鉴于有必要通过法律,加强与明确有监督职能的政府机构的权利与义务,按照法律,监督职能是指监督劳动行政部门,特别是监督劳动条件、劳动安全、劳动健康以及劳动环境。

鉴于有必要修改现有的劳动法,该法律能提供指导工人与雇主间关系的基本原则,并考虑到在过渡政府的政治、经济和社会政策的环境下的劳动条件,并且考虑到该法律要与国际惯例和其他合法信仰相一致。

因此,按照过渡政府宪章第55条中第1款和第3款,制定本公告,现公布如下:第一部分总则1.简称劳动公告NO.377/2003可引用此公告。

2.定义本劳动法中1)、“雇主”是指按照此公告第4条,雇用一个或一个以上的人的个人或企业;2)、“企业”是指在统一管理下,为进行商业的、工业的、农业的或任何其它合法活动而建立的实体;进行一个企业活动的任何分公司,如果被单独命名并且享受经营和组织自主权,那么该公司将被视为一个独立的企业;3)、“工人”是指按照此公告第4条,和雇主有雇用关系的人;4)、“部长”和“部”是指劳动和社会事务部部长和劳动和社会事务部;5)、“劳动条例”是指受本公告和其它相关法律约束的内部条例,该条例用来管理劳动时间、休息时间、劳动报酬、劳动量的计量方法,以及维护劳动安全、防止事故,用来管理培训、培训执行情况以及其它劳动情况;6)、“劳动情况”是指工人与雇主之间的关系的全部领域,它包括劳动时间、报酬、休假、解雇时的清算、工人的健康和安全、工伤受害者的赔偿、由于人员富余和抱怨而解雇,以及任何其它相似的情况;7)“区域”是指依照埃塞宪法第47条中的任何区域。

劳动规定合同中英文(中英文)

劳动规定合同中英文(中英文)

实用标准编号:NO.劳动合同书Labor Contract甲方:Party A:法定代表人(主要负责人)或委托代理人:Legal Representative (main responsible person) or Entrusted Agent:地址:Address:乙方:Party B (Employee):性别:Gender:通讯地址:Communication Address:居民身份证号码ID Card No.:联系电话:Telephone:根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》的有关规定,双方遵循公平合法、平等自愿、协商一致、诚实信用原则,订立本合同。

The contract is hereby concluded by both parties in accordance with Labor Law of the People's Republic of China, Labor Contract Law of the People’s Republic of China, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith.一、劳动合同期限Contract Term第一条本合同为固定期限劳动合同。

本劳动合同期限为年,其中试用期至年月日止。

本合同于年月日终止。

Article 1 : Party A and Party B signs a fixed-term labor contract.The contract lasts for ___ year(s), from _________to ________. The probation is ____ month(s), from ________ to ________.二、工作内容和工作地点Working Contents and Working Place 第二条乙方同意根据甲方工作需要,担任岗位(工种)工作。

劳动法中英文对照版

劳动法中英文对照版

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

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

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

劳动合同中英文双语版本8篇

劳动合同中英文双语版本8篇

劳动合同中英文双语版本8篇篇1中文版甲方(公司):_________乙方(员工):_________根据《中华人民共和国劳动法》及相关法律法规,甲乙双方在平等、自愿、协商一致的基础上,签订本劳动合同。

一、合同期限1. 合同期限:本劳动合同自______年______月______日起至______年______月______日止。

二、工作内容和工作地点1. 乙方应在甲方规定的岗位上工作,岗位名称:_________。

乙方应按照甲方的要求,按时完成规定的工作数量并达到规定的质量标准。

2. 乙方的工作地点为:_________。

乙方应按时到岗,并遵守甲方的工作纪律和规章制度。

三、工作时间和休息休假1. 甲方实行每周工作______小时的工作制度,具体工作时间由甲方根据业务需要安排。

2. 乙方享有国家规定的休息日、节假日以及婚假、产假等休假权利。

具体休假时间和方式由甲方根据业务情况和乙方岗位特点安排。

四、劳动报酬1. 乙方的工资由基本工资和绩效工资组成。

基本工资为每月______元,绩效工资根据乙方的表现和业绩确定。

2. 甲方应按月向乙方支付工资,具体支付时间为每月的______日。

甲方不得以任何理由拖欠或克扣乙方的工资。

五、社会保险和福利1. 甲方应为乙方缴纳社会保险费,具体包括养老保险、医疗保险、失业保险、工伤保险和生育保险等。

乙方应承担个人应缴纳的部分。

2. 甲方应提供必要的劳动保护和劳动条件,保障乙方的身体健康和安全。

六、保密义务和竞业限制1. 乙方应对甲方的商业机密和客户信息保密,不得泄露给任何第三方。

2. 乙方在离职后一定年限内(一般为两年),不得在与甲方有竞争关系的单位从事相同或类似的工作。

这是为了维护甲方的商业利益和客户关系的稳定。

七、违约责任1. 甲乙双方应遵守本合同的约定,如一方违约,应承担相应的违约责任。

具体包括赔偿损失、支付违约金等。

2. 乙方如违反保密义务或竞业限制,应承担相应的法律责任,并赔偿甲方因此遭受的损失。

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<JUSTIFICATION FOR A PROPORTIONAL LIABILITY RULE>A. Deterrence of InefficiencyBehavior is inefficient insofar as it results in a net loss to society.This loss occurs when the costs of the behavior exceed the benefits. One of the goals of our legal system is to discourage inefficient behavior by causing the decision-maker to suffer (that is, internalize) the adverse consequences his behavior imposes on others. [FN8] When the decision-maker bears both the benefits and burdens of his behavior, he will, one expects, behave in a way that maximizes his net benefits and thus in an efficient manner. This goal of deterrence, accomplished through imposition of the costs of inefficient behavior on the decision-maker, underlies the rules for liability in negligence and strict liability.The negligence standard, provided by Judge Learned Hand's classic formula in United States v. Carroll Towing Co., [FN9] first decides what behavior is inefficient and then imposes the costs of that behavior on the decision-maker. There is negligence when the benefit (B) of the conduct is less than the probability (P) of loss (L) from this conduct. [FN10] In algebraic terms, negligence exists where B < P x L. (P x L) is the expected cost of the conduct. [FN11] When the benefit of the conduct is less than its expected cost, the conduct is inefficient because it produces a net loss for society. The expected cost of this inefficient *1068 conduct is imposed on the decision-maker by subjecting him to damages every time an injury is caused by his negligent conduct. [FN12] When the decision-maker is forced to consider the expected cost along with the benefit of his conduct, he is encouraged, by reason of the loss that he would suffer, to refrain from the negligent conduct. Theoretically under the Hand formula, the rational individual who would be subjected to damages if he were negligent will not act when B < P x L. On the other hand, when B > P x L, the decision-maker's conduct is not negligent and he is encouraged, by reason of the benefit he would enjoy, to engage in the nonnegligent conduct.Strict liability also generates efficient results. Stricc liability does not decide what behavior is inefficient. It imposes liability on the decision-maker for harm caused, whether it is negligent or not. The decision-maker, however, is forced to consider the expected cost of his conduct along with its benefit in a way that produces the same results as in negligence. When the decision-maker would be negligent (B < P x L), he is encouraged to refrain from the negligent conduct because his costs would exceed his benefits. When he would not be negligent (B > P x L), he is encouraged to engage in the conduct even though, contrary to the case of negligence, he is forced to pay its costs. In the latter instance the conduct produces a net benefit for the decision-maker because his expected cost is still less than his benefit.The following example illustrates the deterrent effect of negligence and strict liability on inefficient behavior. Assume that a landlord is considering the purchase of a $120 mat for a slippery common hallway and that the mat has a life of one year. Without the mat, it is expected that people will fall six times and injure themselves to the extent of $100 per fall over the lifetime of the mat. Under these circumstances, either a negligence or strict liability rule would induce the landlord to purchase the mat. If she does not buy the mat, the benefit to the landlord is the $10 per month she will save from the cost of the mat, while the expected cost is a 50% chance (P) of injury each month [FN13] at a $100 cost (L). The expected cost of $50 (50% of $100) per month exceeds the benefit of $10 per month, and thus the landlord would be negligent not to buy the mat. Under a negligence standard, knowing that she will be liable in damages for any injury caused by her negligence, the landlord thus is encouraged to buy the mat. Under a strict liability standard, the landlord would be held liable merely for causing harm; however, the calculation and resulting deterrence of inefficiency would be the same.Because damages would be imposed on the user if he used Process Y, he is deterred from using it and encouraged to use Process Z. This result is efficient because the conduct that is deterred would have produced a net loss for society. Conversely, if Process Y is $300/day cheaper to use than Process Z, the nuclear energy user is encouraged to use Process Y, whether under negligence with no liability for damages or under strict liability with liability for damages that nevertheless are less than benefits received. This result alsowould be efficient because the conduct that is encouraged produces a net gain for society.Proof of causation under the present system permits the factfinder to establish the fact of causation on the basis of evidence that it is more probable than not. Once causation is established, full liability is imposed on the defendant. If causation is not more probable than not, the plaintiff fails to carry the burden of *1070 proof and no damages are awarded. This result is inefficient if the evidence supports a probability of causation other than 0% or 100%. A modified version of the first cancer example described above demonstrates the need for a proportional liability rule to obtain more efficient results.B. Corrective Justice 矫正正义In addition to promoting efficiency, the proportional liability rule provides a better scheme for fair compensation of the parties than the prevailing preponderance of the evidence standard. Defendant's wrongdoing and plaintiff's injury ordinarily must bear a cause and effect relationship in order to trigger liability. Causation of harm [FN23] and the existence of wrongdoing [FN24] justify the imposition of liability, but more is needed. The causation of harm must be linked to the wrongdoing-the question is how and with what effect.In cases in which the link between causation of harm and wrongdoing is uncertain, the plaintiff is overcompensated every time the probability of causation leads to proof of causation but causation in fact does not exist, and the plaintiff is undercompensated every time the probability of causation doesnot lead to proof of causation but causation in fact exists. [FN25] Correspondingly, the defendant may pay more (or less) in damages than the cost of the injury she has caused by her conduct. While the proportional damages approach does not cure this problem from the plaintiff's perspective, it does remove the problem of over- or under-compensation from the defendant's perspective. Under the proportional liability rule, the defendant tortfeasor pays for, and only for, the harm it is expected she has caused. Over time, if the defendant were to engage in repeated instances of her conduct, she would actually cause the harm she is paying for, even though the victimsof her injury-causing conduct share the damages for their harm with others who have not suffered from her conduct. [FN26]Consider the case in which a negligent act is committed and a hundred injuries occur in conjunction with this act. It is uncertain if the act has caused any one of these injuries, but the probability of causation of each injury by the negligent act is found to be 50%. The factfinder is saying in effect that in fifty out of the hundred situations, it expects that the negligent conduct actually caused the injury, while in the other fifty situations the negligent conduct did not cause it. If relief is denied in each situation for failure to prove causation, the tortfeasor escapes liability for harm that she is believed to have caused in fifty of *1074 the situations. She is undercharged and the plaintiffs who are injured by her tort are undercompensated..If the proportional liability rule is applied, the plaintiff in each of the hundred situations receives compensation in the amount of 50% of the harm suffered, and the total amount of damages awarded equals the total amount of harm suffered. While it is true that some plaintiffs receive less than the full amount they deserve and others receive a windfall in damages for injuries not caused by the defendant's tortious conduct, at least the award of partial damages in each case under the proportional liability rule charges the defendant with the full amount of the damages that she has caused and would have had to pay if causation had been proved with certainty. [FN27]As a variation of this example, consider the situation where the probability of causation is 60%. If the defendant is required to compensate each of the injured plaintiffs in full although in 40% of the instances she has not caused the harm, she must pay $100,000 in damages when she has caused only $60,000 worth of injury. The defendant is overcharged and 40% of the plaintiffs are overcompensated. Under the proportional liability rule, if the defendant is charged only $600 (.60 x 1,000) in each situation, rather than $1,000, she pays damages to the extent of the harm she has caused. While it is true that those who are actually injured by the tortious conduct do not receive their compensation in full and the others receive compensation to which they are not entitled under traditional tort theory, a fairer distribution of the damages is not possible given the uncertainty of causation. [FN29]*1075 A proportional liability rule is justified by its deterrence of inefficient behavior and its promotion of a fairer scheme of compensation. Yet the tort system continues to favor an all-or-nothing approach to liability based on proof of actual rather than probable causation. The persistence of this approach stems from misconceptions about the nature of proof that are examined in the next section. [FN30]实施比例责任规则的理由A. 无收效的威慑当行为造成了社会的净损失时,在这个程度上讲,它就是没有收效的行为。

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