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劳动合同法英文版

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

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The Labor Contract Law of the People's Republic of China (hereinafter referred to as "the Law") was enacted to regulate and protect the rights and interests of employees and employers in the People's Republic of China. This law sets out the basic principles, procedures, and provisions governing labor contracts in China.Chapter I of the Law covers the general provisions, including the purpose and scope of the Law, the definitions of terms used throughout the Law, and the duties and rights of employees and employers. This chapter establishes the foundation for the subsequent chapters of the Law.Chapter II focuses on the conclusion and performance of the labor contract. It specifies the conditions for the conclusion of a labor contract, the basic content of the contract, such as labor conditions, working hours, rest and vacation, and wages, and the rights and obligations of both parties during the term of the contract. This chapter also addresses the termination, amendment, and renewal of labor contracts.Chapter III deals with the special provisions for certain employees, such as part-time employees, dispatched employees, and fixed-term employees. It outlines the specific requirements and protections for these categories of workers, ensuring their rights are safeguarded.Chapter IV covers the rights and obligations of both parties during the performance of the labor contract. It establishes various worker protection mechanisms, including the prohibition of forced labor,child labor, and gender discrimination. It also addresses matters such as training and skill enhancement, occupational safety and health, and social insurance.Chapter V establishes the collective agreements and collective contracts between the trade unions and employers. It stipulates the negotiation, conclusion, and implementation procedures for collective contracts, promoting harmonious labor relations and collective bargaining.Chapter VI deals with the supervision and inspection of labor contracts. It outlines the responsibilities of labor authorities in supervising the enforcement of labor contracts and handling disputes between employees and employers.Chapter VII establishes the legal liability and dispute resolution mechanisms. It stipulates the legal consequences that arise from the violation of labor contract obligations and provides employees with the right to claim compensation for damages. It also sets out the procedures for mediation, arbitration, and litigation to resolve labor disputes.Chapter VIII includes supplementary provisions, such as the application of the Law to labor contracts formed outside of China, the relationship with other laws, regulations, and provisions, and the implementation date of the Law.In conclusion, the Labor Contract Law of the People's Republic of China plays a crucial role in protecting the labor rights and interests of employees and employers. It sets out detailedprovisions on the conclusion, performance, termination, and dispute resolution of labor contracts, creating a fair and balanced legal framework for labor relations in China.。

中华人民共和国劳动合同法英语版

中华人民共和国劳动合同法英语版English:The Labor Contract Law of the People's Republic of China, enacted in 2007 and amended in 2013, is a comprehensive legislation governing employment relationships in China. It covers various aspects of labor contracts, including their formation, content, modification, termination, and dispute resolution. The law stipulates that employers must conclude a written labor contract with their employees, clarifying rights and obligations for both parties. It also outlines the minimum content requirements for such contracts, including job duties, working hours, remuneration, social insurance, and conditions for termination. Moreover, the law emphasizes the principle of equal treatment, prohibiting discrimination based on ethnicity, gender, religion, or disability. Additionally, it regulates the use of fixed-term contracts and introduces provisions regarding non-compete agreements, confidentiality clauses, and probationary periods. Enforcement mechanisms are established to ensure compliance, such as penalties for violations and the establishment of labor dispute resolution mechanisms. Overall, the Labor Contract Law aims to safeguard the rights and interests of both employersand employees, promote harmonious labor relations, and contribute to the stable development of the Chinese labor market.中文翻译:《中华人民共和国劳动合同法》于2007年颁布，并在2013年进行修订，是一部全面规范中国就业关系的立法。

劳动合同法英文版

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

劳动合同法英语版

劳动合同法英语版The labor contract law is a vital piece of legislation that governs the employment relationship between workers and employers. It serves to protect the rights and interests of both parties, ensuring a fair and equitable working environment. This law outlines the rights and obligations of both employees and employers, providing a legal framework for the establishment, modification, and termination of employment contracts.One of the key provisions of the labor contract law is the requirement for written employment contracts. This mandate ensures that the terms and conditions of employment are clearly defined and agreed upon by both parties. The contract must include details such as the job description, compensation, working hours, and benefits. This written agreement provides a clear and binding document that can be referenced in case of disputes or disagreements.Another important aspect of the labor contract law is the regulation of working hours and overtime compensation. The law sets limits onthe maximum number of hours an employee can work, and it also mandates that any overtime work be compensated at a premium rate. This protects workers from being exploited and ensures that they are fairly compensated for their contributions.The law also addresses the issue of termination of employment contracts. It outlines the grounds for dismissal, such as serious misconduct or poor performance, and it requires employers to provide adequate notice and severance pay in case of termination without just cause. This provision helps to ensure that workers are not unfairly dismissed and that they have a level of financial security in the event of job loss.In addition to these core provisions, the labor contract law also addresses other important issues, such as the rights of workers to take leave, the prohibition of child labor, and the protection of special groups, such as pregnant women and disabled individuals. These provisions help to create a more inclusive and equitable workplace environment.One of the key benefits of the labor contract law is that it helps to promote stability and predictability in the employment relationship. By clearly defining the rights and obligations of both parties, the law reduces the potential for conflicts and disputes. This, in turn, can lead to improved productivity, as workers feel more secure and motivatedin their jobs.Moreover, the labor contract law can also contribute to the overall economic development of a country. By protecting the rights of workers and ensuring fair employment practices, the law can help to attract and retain a skilled and productive workforce. This, in turn, can boost economic growth and competitiveness.However, the implementation and enforcement of the labor contract law can be challenging. Employers may sometimes attempt to circumvent the law or find loopholes, and workers may not always be aware of their rights or feel empowered to assert them. Effective enforcement and education efforts are crucial to ensuring that the law is properly implemented and that its benefits are fully realized.In conclusion, the labor contract law is a critical component of a well-functioning labor market. By establishing clear rules and regulations for the employment relationship, the law helps to protect the rights and interests of both workers and employers. As such, it is an important tool for promoting social stability, economic development, and a more just and equitable society.。

劳动合同法英文版完整篇.doc

劳动合同法英文版-Adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress on June 29, 2007Effective from January 1, 2008By Baker MCKenzie; CHAPTER 1 GENERAL PROVISIONS; Article 1; This 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 2; This 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 andending 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 3; The 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 4; Employers 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 5; The 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 6; A 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 CONTRACTS1劳动合同法英文版-; (4) Has rules and regulations that violate laws or regulations, thereby harming the Employee s rights and interests;; (5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof;; (6) Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract.; If an Employer uses violence, threats or unlawful restriction of personal freedom to compel a Employee to work, or if a Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the Employer.; Article 39; An Employer may terminate an employment contract if the Employee:; (1) Is proved during the probation period not to satisfy the conditions for employment;; (2) Materially breaches the Employer s rules and regulations;; (3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;; (4) has additionally established an employment relationship with another Employer which materially affects the completion of his tasks with the first-mentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer;; (5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof; or; (6) Has his criminal liability pursued in accordance with the law. ; Article 40; An Employer may terminate an employment contract by giving the Employee himself 30 days prior written notice, or one month s wage in lieu of notice, if:; (1) after the set period of medical care for an illness or non-work-related injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer; ; (2) The Employee is incompetent and remains incompetent after training or adjustment of his position; or; (3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders itunperformable and, after consultations, the Employer and Employee are unable to reach agreement on amending the employment contract. ; Article 41; If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise s employees, the Employer may reduce the workforce after it has explained the circumstances to its Trade union or to all of its employees 30 days in advance, has considered the opinions of the Trade union or the employees and has subsequently reported the workforce reduction plan to the labor administration department:; (1) Restructuring pursuant to the Enterprise Bankruptcy Law;; (2) Serious difficulties in production and/or business operations; ; (3) The enterprise switches production, introduces a major technological innovation or revises its business method, and, after amendment of employment contracts, still needs to reduce its workforce; or; (4) Another major change in the objective economic circumstances relied upon at the time of conclusion of the employment contracts, rendering them unperformable.; When reducing the workforce, the Employer shall retain with priority persons:; (1) Who have concluded with the Employer fixed-term employment contracts with a relatively long term;11劳动合同法英文版-; (2) Who have concluded open-ended employment contracts with the Employer; or; (3) Who are the only ones in their families to be employed and whose families have an elderly person or a minor for whom they need to provide.; If an Employer that has reduced its workforce pursuant to the first paragraph hereof hires again within six months, it shall give notice to the persons dismissed at the time of the reduction and, all things being equal, hire them on a preferential basis.; Article 42; An Employer may not terminate an employment contract pursuant to Article40 or Article 41 hereof if the Employee:; (1) is engaged in operations exposing him to occupational diseasehazards and has not undergone a pre-departure occupational health check-up, or is suspected of having contracted an occupational disease and is being diagnosed or under medical observation;; (2) Has been confirmed as having lost or partially lost his capacity to work due to an occupational disease contracted or a work-related injury sustained with the Employer;; (3) Has contracted an illness or sustained a non-work-related injury, and the set period of medical care therefore has not expired; ; (4) Is a female employee in her pregnancy, confinement or nursing period;; (5) Has been working for the Employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age;; (6) Finds himself in other circumstances stipulated in laws or administrative statutes.; Article 43; When an Employer is to terminate an employment contract unilaterally, it shall give the Trade union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union s opinions and notify the Trade union in writing as to the outcome of its handling of the matter.; Article 44; An employment contract shall end if:; (1) Its term expires;; (2) The Employee has commenced drawing his basic old age insurance pension in accordance with the law;; (3) The Employee dies, or is declared dead or missing by a People s Court;; (4) The Employer is declared bankrupt;; (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation; or; (6) Another circumstance specified in laws or administrative statutes arises.; Article 45; If an employment contract expires and any of the circumstances specified in Article 42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 hereof shall be handled in accordance with state regulations on work-related injury insurance.; Article 46; In any of the following circumstances, the Employer shall pay the Employee severance pay:; (1) The employment contract is terminated by the Employee pursuant to Article 38 hereof;; (2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article36 hereof and the parties reached agreement thereon after consultations;; (3) The employment contract is terminated by the Employer pursuant to Article 40 hereof;13劳动合同法英文版-; (4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof;; (5) The employment contract is a fixed term contract that ends pursuant to item (1) ofArticle 44 hereof, unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract;; (6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof;; (7) Other circumstances specified in laws or administrative statutes.; Article 47; A Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to a Employee for any period of less than six months shall be one-half of his monthly wages.; If the monthly wage of a Employee is greater than three times the average monthly wage of employees in the Employer s area as published by the People s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. ; For the purposes of this Article, the term monthly wage means the Employee s average monthly wage for the 12 months prior to the termination or ending of his employment contract.; Article 48; If an Employer terminates or ends an employment contract in violation of this Law and the Employee demands continued performance of such contract, the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has become impossible, theEmployer shall pay damages pursuant to Article 87 hereof.; Article 49; The state will take measures to establish a comprehensive system that enables Employees social insurance accounts to be transferred from one region to another and to be continued in such other region. ; Article 50; At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee s file and social insurance account. ; The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay, it shall pay the same upon completion of the procedures for the handover of the work.; The Employer shall keep terminated or ended employment contracts on file for not less than two years, for reference purposes.; CHAPTER 5 SPECIAL PROVISIONS; SECTION 1 COLLECTIVE CONTRACT; Article 51; After bargaining on an equal basis, enterprise employees, as oneparty, and their Employer may conclude a collective contract on such matters as labor compensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval.A collective contract shall be concluded by the Trade union, on behalf of the enterprise s employees, and the Employer. If the Employer does not yet have a Trade union, it shall; 1 Translator s note: The phrase of the area does not appear in the Chinese text. It has been added by us in view of the context.15劳动合同法英文版-Conclude the collective contract with a representative put forward by the Employees under the guidance of the Trade union at the next higher level.; Article 52; Enterprise employees, as one party, and their Employer may enter into specialized collective contracts addressing labor safety and hygiene, protection of the rights and interests of female employees, the wage adjustment mechanism, etc.; Article 53; Industry-wide or area-wide collective contracts may be concluded between the Trade union on the one hand and representatives on the side of the enterprises on the other hand in industries such as construction, mining, catering services, etc. within areas below the county level.; Article 54; After a collective contract has been concluded, it shall be submitted to the labor administration authority. The collective contract shall become effective upon the lapse of 15 days from the date of receipt thereof by the labor administration authority, unless the said authority raises any objections to the contract.; A collective contract that has been concluded in accordance with the law is binding on the Employer and the Employees. An industry-wide or area-wide collective contract is binding on Employers and Employees in the industry or in the area in the locality concerned.; Article 55; The rates for labor compensation, standards for working conditions, etc. stipulated in a collective contract may not be lower than the minimum rates and standards prescribed by the local Peoples Government. The rates for labor compensation, standards for working conditions, etc. stipulated in the employment contract between an Employer and a Employee may not be lower than those stipulated in the collective contract.; Article 56; If an Employer s breach of the collective contract infringes upon the labor rights and interests of the employees, the Trade union may, in accordance with the law, demand that the Employer assume liability. If a dispute arising from the performance of the collective contract is not resolved following consultations, the Trade union may apply for arbitration and institute an action according to law.; SECTION 2 Placement; Article 57; Staffing firms shall be established in accordance with the relevant provisions of the Company Law and have registered capital of not less than RMB￥500,000.; Article 58; Staffing firms are Employers as mentioned in this Law and shall perform an Employer s obligations toward its Employees. The employment contract between a staffing firm and a Employee to be placed shall, in addition to the matters specified in Article 17 hereof, specify matters such as the unit with which the Employee will beplaced, the term of his placement, his position, etc.; The employment contracts between staffing firms and the Employees to be placed shall be fixed term employment contracts with a term of not less than two years. Staffing firms shall pay labor compensation on a monthly basis. During periods when there is no work for Employees to be placed, the staffing firm shall pay such Employees compensation on a monthly basis at the minimum wage rate prescribed by the People s Government of the place where the staffing firm is located.; Article 59; When placing Employees, staffing firms shall enter into staffing agreements with the units that accept the Employees under the placement arrangements ( Accepting Units ). The staffing agreements shall stipulate the job positions in which Employees are placed, the number of persons placed, the term of placement, the amounts and methods of payments of labor compensation and social insurance premiums, and the liability for breach of the agreement.17劳动合同法英文版-; An Accepting Unit shall decide with the staffing firm on the term of placement based on the actual requirements of the job position, and it may not conclude several short-term placement agreements to cover a continuous term of labor use.; Article 60; Staffing firms shall inform the Employees placed of the content of the placement agreements.; Staffing firms may not pocket part of the labor compensation that the Accepting Units pay to the Employees in accordance with the placement agreement.; Staffing firms and the Accepting Units may not charge fees from the Employees placed.; Article 61; If a staffing firm places a Employee with an Accepting Unit in another region, the Employee s labor compensation and working conditions shall be in line with the rates and standards of the place where the Accepting Unit is located.; Article 62; Accepting Units shall perform the following obligations:; (1) Implement state labor standards and provide the corresponding working conditions and labor protection;; (2) communicate the job requirements and labor compensation of the Employees placed;; (3) Pay overtime pay and performance bonuses and provide benefits appropriate for the job positions;; (4) Provide the placed Employees who are on the job with the training necessary for their job positions; and; (5) In case of continuous placement, implement a normal wage adjustment system.Accepting Units may not in turn place the Employees with other Employers.; Article 63; Placed Employees shall have the right to receive the same pay as that received by Employees of the Accepting Unit for the same work. If an Accepting Unit has no Employee in the same position, the labor compensation shall be determined with reference to the labor compensation paid in the place where the Accepting Unit is located to Employees in the same or a similar position.; Article 64; Placed Employees have the right to lawfully join the Trade union of their staffing firm or the Accepting Unit or to organize such unions, so as to protect their own lawful rights and interests.; Article 65; Placed Employees may terminate their employment contracts with their staffing firms pursuant to Article 36 or 38 hereof.If any of the circumstances provided for in Article 39 and items (1) and (2) of Article 40 hereof applies to a placed Employee, his Accepting Unit may return him to the staffing firm, which may terminate its employment contract with him in accordance with therelevant provisions of this Law.; Article 66; The placement of Employees shall generally be practiced for temporary, auxiliary or substitute job positions.; Article 67; Employers may not establish staffing firms to place Employees with themselves or their subordinate units.; Section 3 Part-Time Labor; Article 68; The term part-time labor means a form of labor for which the compensation is chiefly calculated by the hour and where the Employee generally averages not more than 4 hours of work per day and not more than an aggregate 24 hours of work per week for the same Employer.; Article 69; The two parties to part-time labor may conclude an oral agreement.; A Employee who engages in part-time labor may conclude an employment contract with one or more Employers, but a subsequently concluded employment contract may not prejudice the performance of a previously concluded employment contract.19劳动合同法英文版-; Article 70; The two parties to part-time labor may not stipulate a probation period.; Article 71; Either of the two parties to part-time labor may terminate the use of the labor by notice to the other party at any time. No severance pay shall be payable by the Employer to the Employee upon termination of the use of the labor.; Article 72; The hourly compensation rate for part-time labor may not be lower than the minimum hourly wage rate prescribed by the People s Government of the place where the Employer is located.; The labor compensation settlement and payment cycle for part-time labor may not exceed 15 days.; CHAPTER 6 MONITORING INSPECTIONS; Article 73; The State Council s labor administration authority shall be responsible for overseeing the implementation of the employment contract system nationwide. The labor administration authorities of local People s Governments at the county level and above shall be responsible for overseeing the implementation of the employment contract system in their respective jurisdictions.In the course of overseeing the implementation of the employment contract system, the labor administration authorities of People s Governments at the county level and above shall consider the opinions of the Trade unions, the representatives on the side of the enterprises and the authorities in charge of the industries concerned. ; Article 74; The labor administration authorities of local People s Governments at the county level and above shall conduct monitoring inspections of the implementation of the following aspects of the employment contract system, in accordance with the law:; (1) Employers formulation of rules and regulations that have a direct bearing on the immediate interests of Employees, and the implementation thereof;; (2) The conclusion and termination of employment contracts by Employers and Employees;; (3) Compliance with relevant regulations on placement by staffing firms and Accepting Units;; (4) Employers compliance with state regulations on Employeesworking hours, rest and leave;; (5) Employers payment of labor compensation as specified in the employment contracts and compliance with minimum wage rates;; (6) Employers enrollment in the various types of social insurance and payment of social insurance premiums; and; (7) Other labor matters requiring monitoring inspections, as specified in laws and administrative statutes.; Article 75; When the labor administration authority of a local People s Government at the county level or above conducts a monitoring inspection, it has the authority to review materials relating to the employment contracts and collective contracts and conduct an on the-spot inspection of the work premises. Both the Employer and the Employees shall truthfully provide relevant information and materials.When working personnel of a labor administration authority conduct a monitoring inspection, they shall show their IDs, exercise their functions and powers according to law and enforce the law in a well-disciplined manner.; Article 76; Such competent authorities as construction authorities, health authorities, production safety regulators, etc. of People s Governments at the county level and above shall, to the extent of their respective purviews, oversee the implementation of the employment contract system by Employers.; Article 77; A Employee whose lawful rights and interests have been infringed upon shall have the right to request that the relevant authority deal with the infringement according to law, or to apply for arbitration and institute an action according to law.21劳动合同法英文版-; Article 78; Trade unions shall safeguard the lawful rights and interests of Employees in accordance with the law and monitor the performance of the employment contracts and collective contracts by Employers. If an Employer violates labor laws or statutes or breaches an employment contract or collective contract, the Trade union has the right to voice its opinion or require that the matter be rectified. If a Employee applies for arbitration or institutes an action, the Trade union shall provide support and assistance in accordance with thelaw.; Article 79; All organizations and individuals are entitled to report violations of this Law.The labor administration authorities of People s Governments at the county level and above shall timely check and handle the violations reported and reward those persons whose reports are valuable.; CHAPTER 7 LEGAL LIABILITY; Article 80; If an Employer s rule or regulation with a direct bearing on the immediate interests of Employees violates laws or administrative statutes, the labor administration authority shall order rectification and give a warning. If the said rule or regulation caused a Employee to suffer harm, the Employer will be liable for damages.; Article 81; If the text of an employment contract provided by an Employer lacks any of the mandatory clauses which this Law requires to be included in such contracts or if an Employer fails to deliver the text of the employment contract to the Employee, the labor administration authority shall order rectification; if the Employee suffered harm as a result thereof, the Employer will be liable for damages.; Article 82; If an Employer concludes a written employment contract with a Employee more than one month but less than one year after the date on which it started using him, it shall each month pay to the Employee twice his wage.If an Employer fails, in violation of this Law, to conclude an open-ended employment contract with a Employee, it shall each month pay to the Employee twice his wage, starting from the date on which an open-ended employment contract should have been concluded.; Article 83; If the probation period stipulated by an Employer with a Employee violates this Law, the labor administration authority shall order rectification. If the illegally stipulated probation has been performed, the Employer shall pay compensation to the Employee according to the time worked on probation beyond the statutory probation period, at the rate of the Employee s monthly wage following the completion of his probation.; Article 84; If an Employer violates this Law by retaining a Employee s resident ID card or other papers, the labor administration authority shall order the same returned to the Employee within a specified period of time and impose a penalty in accordance with the provisions of relevant laws.If an Employer violates this Law by collection property from Employees as security or under some other guise, the labor administration authority shall order the same returned to the。

劳动合同法英文版

劳动合同法英文版Labour Act. Dated 5 July 1994.(China Daily, 6 July 1994, p. 2.) Table of contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND VACATIONSCHAPTER V. WAGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCATIONAL TRAININGCHAPTER I_. SOCIAL INSURANCE AND WELFARECHAPTER _. LABOUR DISPUTESCHAPTER _I. SUPERVISION AND INSPECTIONCHAPTER _II. LEGAL RESPONSIBILITYCHAPTER _III. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People’s Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall followthis Law.Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country. The labour administrative departments of the local people’s governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or e_pand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people’s governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, se_, 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 se_ as a prote_t for e_cluding females from employment or to raise recruitmentstandards for the females, e_cept for the types of work or posts that are not suitable for females as stipulated by the State.Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of e_amination and approval according to the relevant provisions of the State and guarantee their right to compulsory education. CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people’s court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into fi_ed term, fle_ible 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 e_tend the term of the labour contract, a labour contract with a fle_ible 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 e_ceed si_ 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 e_piration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out.Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has e_plained 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 si_ 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 witha labourer in accordance with the stipulations in section 26 and section27 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 andregulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or (3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract. Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND VACATIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fi_ 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 e_tend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the e_tended working hour for a day shall generally not e_ceed one hour; if such e_tension is called for due to special reasons, the e_tended hours shall not e_ceed three hours a day under the condition that the health of labourers is guaranteed. However, the total e_tension in a month shall not e_ceed 36 hours.Section 42. The e_tension 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 e_tend 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 e_tensionof working hours is arranged;(2) to pay no less than 200 per cent of the normal wages if the e_tended 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 e_tended hours are arranged on statutory holidays.Section 45. The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. (To be continued)没听说过还有英文版的。

中华人民共跟国劳动合同法英文版本

中华人民共和国劳动合同法（英文版）来源:劳动合同法网点击数: 1827 【字体：大中小】【双击滚屏】LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENTCONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007Effective from January 1, 2008By Baker & MCKenzieCHAPTER 1 GENERAL PROVISIONSArticle 1This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships.Article 2This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private non-enterprise units in the People’s Republic of China (“Employers”) on the one hand and Employees in the People’s Republic of China on the other hand.The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees withwhom they establish employment relationships on the other hand, shall be handled pursuant to this Law.Article 3The conclusion of employment contracts shall comply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith.A lawfully concluded employment contract is binding, and both the Employer and the Employee shall perform their respective obligations stipulated therein.Article 4Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations.When an Employer formulates, revises or decides on rules and regulations, or material matters, that have a direct bearing on the immediate interests of its Employees, such as those concerning compensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota management, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and comments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a basis of equality.If, during the implementation of an Employer’s rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to communicate such opinion to the Employer, and the rule, regulation or decision shall be improved by making amendments after consultations.Rules and regulations, and decisions on material matters, that have a direct bearing on the immediate interests of Employees shall be made public or be communicated to the Employees by the Employer.Article 5The labor administration authorities of People’s Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a comprehensive tri-partite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships.Article 6A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in order to safeguard the lawful rights and interests of Employees.CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7An Employer’s employment relationship with a Employee is established on the date it starts using the Employee. An Employer shall keep a register of employees, for reference purposes. Article 8When an Employer hires a Employee, it shall truthfully inform him as to the content of the work, the working conditions, the place of work, occupational hazards, production safety conditions, labor compensation and other matters which the Employee requests to be informed about. The Employer has the right to learn from the Employee basic information which directly relates to the employment contract, and the Employee shall truthfully provide the same.Article 9When hiring a Employee, an Employer may not retain the Employee’s resident ID card or other papers, nor may it require him to provide security or collect property from him under some other guise.Article 10To establish an employment relationship, a written employment contract shall be concluded. In the event that no written employment contract was concluded at the time of establishment of an employment relationship, a written employment contract shall be concluded within one month after the date on which the Employer starts using the Employee.Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee, the employment relationship shall be established on the date on which the Employer starts using the Employee.Article 11In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him, and it is not clear what labor compensation was agreed uponwith the Employee, the labor compensation of the new Employee shall be decided pursuant to the rate specified in the collective contract; where there is no collective contract or the collective contract is silent on the matter, equal pay shall be given for equal work.Article 12Employment contracts are divided into fixed-term employment contracts, open-ended employment contracts and employment contracts to expire upon completion of a certain job. Article 13A “fixed-term employment contract” is an employment contract whose ending date is agreed upon by the Employer and the Employee.An Employer and a Employee may conclude a fixed-term employment contract upon reaching a negotiated consensus.Article 14An “open-ended employment contract” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date.An Employer and a Employee may conclude an open-ended employment contract upon reaching a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances, an open-ended employment contract shall be concluded, unless the Employee requests the conclusion of a fixed-term employment contract:(1) The Employee has been working for the Employer for a consecutive period of not less than 10 years;(2) when his Employer introduces the employment contract system or the state owned enterprise that employs him re-concludes its employment contracts as a result of restructuring, the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age; or(3) prior to the renewal, a fixed-term employment contract was concluded on two consecutive occasions and the Employee is not characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof.If an Employer fails to conclude a written employment contract with a Employee within one year from the date on which it starts using the Employee, the Employer and the Employee shallbe 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 theEmployee may renegotiate. If the negotiations are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor compensation, equal pay shall be given for equal work; if there is no collective contract or the collective contract is silent on the issue of working conditions, the relevant regulations of the state shall apply.Article 19If an employment contract has a term of not less than three months but less than one year, the probation period may not exceed one month; if an employment contract has a term of more than one year and less than three years, the probation period may not exceed two months; and if an employment contract has a term of not less than three years or is open-ended, the probation period may not exceed six months.An Employer may stipulate only one probation period with any given Employee.No probation period may be specified in an employment contract with a term to expire upon completion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract.Article 20The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located.Article 21An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof. If an Employer terminates an employment contract during the probation period, it shall explain the reasons to the Employee.Article 22If an Employer p rovides special funding for a Employee’s training and gives him professional technical training, it may conclude an agreement specifying a term of service with suchEmployee.If the Employee breaches the agreement on the term of service, he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service.The reaching of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee’s labor compensation during the term of service according to the normal wage adjustment mechanism.Article 23An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the trade secrets of the Employer and to intellectual property.If a Employee has a confidentiality obligation, the Employer may agree with the Employee on competition restriction provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the Employee on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract. If the Employee breaches the competition restriction provisions, he shall pay liquidated damages to the Employer as stipulated.Article 24The personnel subject to competition restrictions shall be limited to the Employer’s senior management, senior technicians and other personnel with a confidentiality obligation. The scope, territory and term of the competition restrictions shall be agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations.The term, counted from the termination or ending of the employment contract, for which a person as mentioned in the preceding paragraph is subject to competition restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his current Employer, or in terms of his establishing his own business to produce the same type of products or engage in the same type of business, shall not exceed two years.。

中华人民共和国劳动合同法英语版

中华人民共和国劳动合同法英语版Labor Contract Law of the People’s Republic of ChinaChapter I General ProvisionsArticle 1 This Law is formulated in order to improve the labor contract system, specify the rights and obligations of both parties to the labor contract, protect the lawful rights and interests of laborers, establish and develop a harmonious and stable employment relationship, and promote economic development and social harmony.Article 2 This Law shall apply to the conclusion and performance of labor contracts between laborers and employing units within the territories of the People’s Republic of C hina.Article 3 Laborers shall have the right to conclude labor contracts in accordance with law with employing units, and employing units may not refuse to conclude labor contracts with laborers on the ground that the laborers do not meet certain conditions.Employing units shall establish and improve a labor contract system, strictly implement labor contracts, strengthen the protection of laborers' rights and interests, and ensure thatlaborers enjoy conditions of work in compliance with state regulations.Article 4 Labor contracts shall be concluded voluntarily through the consultation between laborers and employing units on an equal footing.When a laborer concludes a labor contract with an employing unit, the laborer may entrust a trade union to consult on his behalf.Article 5 Labor contracts shall be concluded in written form.An oral agreement reached by and between laborers and employing units to establish labor relations shall be deemed a labor contract. The employing unit shall then, within thirty days, provide the laborer with a written labor contract that fully specifies the matters agreed orally. If the employing unit fails to provide the laborer with the labor contract, the matters agreed upon orally shall be performed.Article 6 In concluding a labor contract, the lawful rights and interests and economic conditions of laborers shall be respected.Employing units may not force laborers to conclude labor contracts by means of deceit, coercion, or intimidation.Article 7 Labor contracts shall be performed in accordance with the principle of equality, voluntariness, fairness, and good faith.Article 8 Labor contracts shall include the following:(1) name, domicile, and legal representative or main person-in-charge of the employing unit;(2) name, domicile, resident identity card number or other valid identity certificate of the laborer;(3) term of the labor contract;(4) job description and place of work;(5) working hours, rest and leave, labor remuneration, social insurance, and other matters;(6) labor protection and working conditions;(7) other matters that should be included in the labor contract as required by laws and regulations.Article 9 A labor contract shall be concluded for a fixed term, a non-fixed term, or for a specified task.A labor contract concluded for a fixed term shall be held for no more than 10 years. When the term of a labor contract expires,and the laborer continuously works for the employing unit, the labor contract shall be deemed renewed on a non-fixed term basis.Article 10 An employing unit shall not stipulate in a labor contract that it may terminate the labor contract at will.Article 11 An employing unit shall not stipulate in a labor contract any provision that is less favorable to the laborer than the relevant laws and regulations.Chapter II Conclusion of Labor ContractsArticle 12 Laborers who conclude labor contracts with employing units shall meet the following conditions:(1) having full civil capacity;(2) having professional skills or expertise necessary for his job position;(3) having the physical capability necessary for his job position;(4) having other conditions prescribed by laws and administrative rules and regulations.Article 13 Laborers shall provide true information regarding their personal matters, professional skills or expertise, andphysical capability. Employing units shall not require laborers to provide false information.Article 14 Laborers and employing units shall conclude labor contracts in accordance with the principle of fairness, and may not breach any agreement to the disadvantage of the other party.Article 15 Employing units shall not restrict laborers in concluding labor contracts with other employing units to the disadvantage of laborers.Article 16 Employing units shall not conclude labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 17 Employing units shall not employ child laborers.Article 18 Upon the conclusion of a labor contract, the employing unit shall provide the laborer with a copy of the labor contract. When the laborer requires, employing units shall provide a pay statement on a regular basis.Article 19 Employing units shall establish and improve a system for the filing of labor contracts.Chapter III Performance of Labor ContractsArticle 20 Employing units shall provide necessary working conditions for laborers to carry out their job duties and ensure labor protection in accordance with laws and regulations.Article 21 Employing units shall not demand that laborers work overtime, or work on their days of rest, in violation of the provisions of the state.Article 22 Employing units shall pay labor remuneration to laborers in full and on time, and shall not reduce or delay payment of labor remuneration without justifiable reasons.Article 23 Employing units shall provide social insurance for laborers in accordance with the law.Article 24 Laborers shall carry out their job duties in accordance with the labor contract, follow the employing unit's rules, and refrain from divulging trade secrets.Article 25 Laborers shall be entitled to protection of their lawful rights and interests in accordance with laws and regulations if employing units violate laws and regulations by reducing or delaying payment of labor remuneration, failing to provide labor protection, or unilaterally terminating a labor contract.Article 26 When a laborer is unable to work due to illness or non-work-related injury, the laborer shall provide certification issued by a medical institution at the same level.Article 27 Laborers shall not compete with the employing unit in breach of the labor contract. If a laborer breaches the labor contract by competing with the employing unit or leaving the employing unit, causing damage to the employing unit, the liability for compensation shall be borne in accordance.Chapter IV Modification and Termination of Labor ContractsArticle 28 Modifications to a labor contract shall be made through consultation between laborers and employing units.Article 29 Laborers may not refuse modifications to labor contracts proposed by employing units that comply with laws and regulations, industrial policies, and business conditions.Article 30 Employing units may not modify labor contracts with the employment of labor dispatch agencies to replace employment of laborers.Article 31 Labor contracts may be terminated under certain circumstances, including:(1) agreement by both parties;(2) the labor contract expires or both parties agree not to renew the contract;(3) the employing unit is dissolved, declared bankrupt, is ordered to shut down, or revokes its business license;(4) the employing unit formulates the labor contract by fraud or coercion;(5) the employing unit severely breaches laws and regulations, or the labor contract, causing irreparable harm to the laborer’s well-being.Article 32 When a labor contract is terminated, employing units shall issue a termination certificate or a service certificate and pay compensation in accordance with laws and regulations.Chapter V Supervision and InspectionArticle 33 Supervision and inspection of labor contract performance shall be conducted by labor and social security administrative departments in accordance with the law.Article 34 Laborers and trade unions shall have the right to report violations of laws and regulations regarding labor contracts to the relevant authorities.Article 35 Employing units shall cooperate with the relevant authorities in supervision and inspection of labor contract performance, accept supervision and inspection, and provide necessary materials and information.Article 36 The state shall establish a system of rewards for those who make important contributions and render meritorious services in the supervision and inspection of labor contract performance.Chapter VI Legal LiabilityArticle 37 If employing units violate the provisions of this Law in concluding, performing, modifying, or terminating labor contracts, they shall bear legal liability in accordance with the law.Article 38 If laborers violate the provisions of this Law, the employing unit may criticise, educate, or discipline them in accordance with the law.Article 39 If employing units’ violations of rights and interests of laborers lead to conflicts that may be resolved through mediation, both parties may apply for mediation from a labor dispute mediation institution.Article 40 If employing units’ violations of r ights and interests of laborers cause damage to laborers, employing units shall bear liability for compensation in accordance with the law.Article 41 If laborers’ violations of the provisions of this Law cause damage to employing units, laborers shall bear liability for compensation in accordance with the law.Chapter VII Supplementary ProvisionsArticle 42 This Law shall take effect on January 1, 2008.Article 43 The Labor Contract Law of the People’s Republic of China formulated by the Standing Committee of the National People's Congress on June 29, 1994, shall be repealed upon the implementation of this Law.以上为《中华人民共和国劳动合同法》全文的英语译文。

2024年劳动合同法全文最新版本(官方版)英文版

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

劳动合同法实施条例(英文版)

中华人民共和国国务院中华人民共和国国务院令第535号中华人民共和国劳动合同法实施条例（英文版）中华人民共和国国务院令（第535号）Order of the State Council of the People's Republic of China(No.535)《中华人民共和国劳动合同法实施条例》已经2008年9月3日国务院第25次常务会议通过，现予公布，自公布之日起施行。

The Regulation on the Implementation of the Employment Contract Law of the People's Republic of China, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated, and shall come into force on the date of promulgation.总理温家宝Premier Wen Jiabao二00八年九月十八日中华人民共和国劳动合同法实施条例Regulation on the Implementation of the Employment Contract Law of the People's Republic of China第一章总则Chapter I General Provisions第一条为了贯彻实施《中华人民共和国劳动合同法》（以下简称劳动合同法），制定本条例。

Article 1 This Regulation is formulated to implement the Employment Contract Law of the People's Republic of China (hereinafter referred to as Employment Contract Law).第二条各级人民政府和县级以上人民政府劳动行政等有关部门以及工会等组织，应当采取措施，推动劳动合同法的贯彻实施，促进劳动关系的和谐。

中华人民共和国劳动合同法英语

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

中华人民共和国劳动规定合同法(英文版)

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

中华人民共和国劳动合同法英语版

中华人民共和国劳动合同法英语版Labor Contract Law of the People's Republic of ChinaChapter I General ProvisionsArticle 1 The Labor Contract Law of the People's Republic of China is formulated to improve the labor contract system, to regulate labor contract relationships, to promote employment, to establish and protect the lawful rights and interests of laborers and to establish and protect the lawful rights and interests of laborer.Article 2 Labor contracts shall be concluded pursuant to the principle of lawfulness, fairness, equality, voluntariness and negotiated consensus, and the principle of priority to protecting laborers' interests.Article 3 The state shall formulate policies to guide negotiation between laborers and employers on an equal footing and push forward the conclusion of labor contracts, and to guide and support collective negotiation between laborers and employers.Article 4 Labor administrative departments of the State Council shall be responsible for supervising and administering labor contracts and collective contracts. Trade unions at differentlevels shall represent laborers in negotiating collective contracts and participate in the supervision and examination of labor contracts and collective contracts.Chapter II Conclusion of Labor ContractsArticle 5 Employers shall establish and improve systems for conclusion of labor contracts. Employers shall conclude written labor contracts with laborers in accordance with the Law.Article 6 Labor contracts may be concluded in the following ways: written contracts, oral contracts, and implied contracts. Employers shall conclude labor contracts in written form with laborers.Article 7 Labour contracts that specify to conclude written contracts shall specify the following particulars:(1) the name and domicile of both parties;(2) the term of the labor contract;(3) the work assigned by the employer;(4) the place of work;(5) working hours;(6) rest and leave;(7) labor compensation;(8) social insurance;(9) labor protection and working conditions; and(10) other particulars stipulated by laws and administrative regulations.Article 8 The employer shall provide the necessary labor protection and working conditions to the labourer.Article 9 An employer shall counsel and confirm with a labourer whether he has any conditions prohibited by laws and administrative regulations from engaging in specific labor when concluding an employment contract.Article 10 An employer shall provide necessary labor protection for a female labourer who is pregnant or nursing as required to be on leave during work.Article 11 An employer shall guarantee the labourers' rights to rest and leave as provided by law.Chapter III Performance, Amendment, and Termination of Labor ContractsArticle 19 Employers and labourers may amend labor contracts where conditions change. An amended labor contract shall take effect when both parties agree upon such amendment.Article 20 An employer may terminate a labor contract where a labourer is not qualified or fails to pass a probationary period.Article 21 Where an employer terminates a labor contract, the employer shall pay compensation to the labourer in accordance with the Law.Chapter IV Supervision and InspectionArticle 30 Labour administrative departments shall establish systems for supervision and inspection of labor contracts in accordance with law.Article 31 Labor contracts may be concluded by employers and laborers in writing, orally, or by any other reasonable means.Article 32 Labor contracts that are concluded by an employer and a labor union shall be subject to examination and approval by the labor administrative department.Article 33 Labor contracts concluded by an employer and a laborer shall be submitted to the labor administrative department within 30 days for examination and approval.Chapter V Legal LiabilityArticle 36 Where an employer violates the Law when terminating a labor contract, a laborer may demand compensation.Article 37 Where an employer fails to conclude a labor contract with a laborer as required by the Law, the employer may be subject to administrative fines.Chapter VI Supplementary ProvisionsArticle 43 The relevant measures for implementing the Law shall be formulated by the State Council.This Law shall come into force as of January of 2008.。

中英文版本的劳动合同法8篇

中英文版本的劳动合同法8篇篇1中文版第一章总则第一条为了规范劳动合同关系，保护劳动者和用人单位的合法权益，根据《中华人民共和国劳动法》和其他有关法律、行政法规，制定本办法。

第二条中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织（以下称用人单位）与劳动者建立劳动关系，订立、履行、变更、解除或者终止劳动合同，适用本办法。

第三条劳动合同是劳动者与用人单位确立劳动关系、明确双方权利和义务的协议。

建立劳动关系应当订立劳动合同。

第四条劳动合同应当以书面形式订立，并具备下列内容：（一）劳动合同期限；（二）工作内容和工作地点；（三）工作时间和休息休假；（四）劳动报酬；（五）社会保险；（六）劳动保护、劳动条件和职业危害防护；（七）法律、法规规定应当纳入劳动合同的其他事项。

第五条劳动合同期限由用人单位和劳动者协商确定。

协商确定劳动合同期限，应当遵循合法、公平、诚实信用原则，不得损害国家利益和社会公共利益。

第二章劳动合同的订立第六条订立劳动合同，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。

第七条订立劳动合同，应当具备下列条件：（一）用人单位和劳动者具备合法的主体资格；（二）双方对劳动合同内容协商一致；（三）劳动合同内容符合法律、法规规定。

第八条劳动合同应当以书面形式订立，并具备本办法第四条规定的必备内容。

劳动合同文本由用人单位提供，也可以由用人单位和劳动者共同拟订。

拟定劳动合同文本时，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。

第九条劳动合同自双方签字或者盖章之日起生效。

劳动合同文本由双方各执一份，具有同等法律效力。

第三章劳动合同的履行和变更第十条劳动合同一经订立，具有法律约束力，双方应当履行劳动合同约定的义务。

未经协商一致，不得随意变更或者解除劳动合同。

第十一条变更劳动合同，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。

变更劳动合同，应当采用书面形式，并明确变更的内容。

劳动合同法20190701中英文21页word

劳动合同法中英文对照版Order of the President of the People’s Republic of China (No. 73)The Labor Contract Law of the People’s Republic of China, which was adopted at the 30th Session of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on December 28, 2019, is hereby promulgated and shall come into force as of July 1, 2019.Labor Contract Law of the People’s Republic of China(2019)ContentsChapter I General ProvisionsChapter II Formation of Labor ContractsChapter III Fulfillment and Change of Labor ContractsChapter IV Dissolution and Termination of Labor ContractsChapter V Special ProvisionsSection 1 Collective ContractSection 2 Worker DispatchSection 3 Part-time EmploymentChapter VI Supervision and InspectionChapter VII Legal LiabilitiesChapter VIII Supplementary Provisions 中华人民共和国主席令（第七十三号）《全国人民代表大会常务委员会关于修改〈中华人民共和国劳动合同法〉的决定》已由中华人民共和国第十一届全国人民代表大会常务委员会第三十次会议于2019年12月28日通过，现予公布，自2019年7月1日起施行。

劳动合同法-北大法英版

【Title 】 Labor Contract Law of the People's Republic of China [Effective] 【法规标题】中华人民共和国劳动合同法 [现行有效]Date Issued: 06-29-2007 Effective date: 01-01-2008 Issuing authority: Standing Committee of the National People's Congress Area of law: Contract发布日期： 2007-06-29 生效日期： 2008-01-01发布部门：全国人大常委会类别：合同Order of the President of the People's Republic of China(No. 65)The Labor Contract Law of the People'sRepublic of China, which was adopted at the28th Session of the Standing Committee ofthe Tenth National People's Congress of thePeople's Republic of China on June 29, 2007,is hereby promulgated and shall come intoforce as of January 1, 2008.President of the People's Republic of ChinaHu JintaoJune 29, 2007Labor Contract Law of the People's Republic of China(Adopted at the 28th Session of StandingCommittee of the Tenth National People'sCongress of the People's Republic of Chinaon June 29, 2007)ContentsChapter I General ProvisionsChapter II Formation of Labor ContractsChapter III Fulfillment and Change of LaborContractsChapter IV Dissolution and Termination ofLabor ContractsChapter V Special ProvisionsSection 1 Collective Contract中华人民共和国主席令（第六十五号）《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过，现予公布，自2008年1月1日起施行。

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Article 2 The people's governments at all levels, the labor administrative departments of the people's governments at or above the county level, and the labor unions, etc. shall take steps to promote the implementation of the Employment Contract Law and develop a harmonious employment relationship.第三条依法成立的会计师事务所、律师事务所等合伙组织和基金会，属于劳动合同法规定的用人单位。

Article 3 Legally established accounting firms, law firms and other partnerships and foundations are第二章劳动合同的订立Chapter II Conclusion of Employment Contracts第四条劳动合同法规定的用人单位设立的分支机构，依法取得营业执照或者登记证书的，可以作为用人单位与劳动者订立劳动合同；未依法取得营业执照或者登记证书的，受用人单位委托可以与劳动者订立劳动合同。

Article 4 A branch office established by an employer as defined in the Employment Contract Law which has obtained its business license or registration certificate according to law may conclude employment contracts with employees in the name of an employer; if it has failed to obtained a business license or registration certificate, it may conclude employment contracts with employees only upon the authorization of the employer.第五条自用工之日起一个月内，经用人单位书面通知后，劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，无需向劳动者支付经济补偿，但是应当依法向劳动者支付其实际工作时间的劳动报酬。

Article 5 Where any employee, after being notified by the employer in writing, fails to conclude a written employment contract with the employer within one month from the day when he is employed, the employer shall terminate the employment relationship with the employee and notify the employee in writing, in which case, the employer is not required to make any economic compensation to the employee, but shall pay the employee for his actual working time.第六条用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的，应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并与劳动者补订书面劳动合同；劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，并依照劳动合同法第四十七条的规定支付经济补偿。

Article 6 Where an employer fails to conclude a written employment contract with an employee after the lapse of more than one month but less than one year from the date when the employee is employed, it shall pay to the worker his monthly wages in double amount according to Article 82 of the Employment Contract Law, and shall conclude a written employment contract with the employee. Where an employee refuses to conclude a written employment contract with his employer, the employer shall terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee according to Article 47 of the Employment Contract Law.前款规定的用人单位向劳动者每月支付两倍工资的起算时间为用工之日起满一个月的次日，截止时间为补订书面劳动合同的前一日。

The start time of the period when an employer is required to pay an employee his monthly wages in double amount shall be the day following the full month from the day when the employee is employed, and the end time shall be the day before the day when the written employment contract is concluded.第七条用人单位自用工之日起满一年未与劳动者订立书面劳动合同的，自用工之日起满一个月的次日至满一年的前一日应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并视为自用工之日起满一年的当日已经与劳动者订立无固定期限劳动合同，应当立即与劳动者补订书面劳动合同。

Article 7 Where an employer fails to conclude a written employment contract with an employee after the lapse of one full year from the day when the employee is employed, under Article 82 of the Employment Contractmonth to the day before it is a full year since the employee's employment, and it shall be deemed that the employer has concluded an employment contract without a fixed term with the employee on the day when it is a full year since the employee's employment, and a written employment contract without a fixed term shall be concluded with the employee immediately.第八条劳动合同法第七条规定的职工名册，应当包括劳动者姓名、性别、公民身份号码、户籍地址及现住址、联系方式、用工形式、用工起始时间、劳动合同期限等内容。

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