Contract Law of the People's Republic of China合同法重点条文翻译
Certain Issues Concerning the Application of the Contract Law of the People's Republic of China (Ⅱ)
Westlaw China Delivery SummaryRequest made by:USER IPRequest made on:Friday,11July,2014at07:40Beijing Time Title:Interpretation of the Supreme People's Court onCertain Issues Concerning the Application ofthe Contract Law of the People's Republic ofChina(Ⅱ)Delivery selection:Current DocumentNumber of documents delivered:1Document(s)e-mailed to:11300270078@©2007–2014,Thomson Reuters,all rights reserved.最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（二）Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of the Contract Law of the People's Republicof China(Ⅱ)颁布机关:最高人民法院Promulgating Institution:Supreme People's Court文号:法释[2009]5号Document Number:Fa Shi[2009]No.5颁布时间: Promulgating Date:04/24/2009 04/24/2009实施时间: Effective Date:05/13/2009 05/13/2009效力状态: Validity Status:有效Valid（2009年2月9日最高人民法院审判委员会第1462次会议通过）(Adopted at the1462nd Meeting of the Trial Committee of the Supreme People's Court on February9,2009)为了正确审理合同纠纷案件，根据《中华人民共和国合同法》的规定，对人民法院适用合同法的有关问题作出如下解释:In order to ensure proper trial of cases involving contract disputes,and in accordance with the Contract Law of the People's Republic of China,the following interpretations on certain issues concerning the application of the Contract Law are hereby issued:一、合同的订立1.Conclusion of the Contract第一条当事人对合同是否成立存在争议,人民法院能够确定当事人名称或者姓名、标的和数量的,一般应当认定合同成立。
劳动法中英文对照版
劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。
国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。
Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档，后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面，打造全网一站式需求。
中英对照中华人民共和国劳动合同法laborcontractlaw
中华人民共和国主席令
（第六十五号）
《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过，现予公布，自2008年1月1日起施行。
中华人民共和国主席 胡锦涛
2007年6月29日
第二条中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织（以下称用人单位）与劳动者建立劳动关系，订立、履行、变更、解除或者终止劳动合同，适用本法。
国家机关、事业单位、社会团体和与其建立劳动关系的劳动者，订立、履行、变更、解除或者终止劳动合同，依照本法执行。
Article3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of a labor contract.
Contents
Chapter I General Provisn of Labor Contracts
Chapter III Fulfillment and Change of Labor Contracts
Chapter IV Dissolution and Termination of Labor Contracts
Chapter I General Provisions
第一章 总则
Article1This Law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.
Labor Contract Law of the People’s Republic of China
Labor Contract Law of the People’s Republic of China Promulgating Institution:Standing Committee of the National People's CongressDocument Number:Order No.65of the President of the People's Republic of China Promulgating Date:06/29/2007Effective Date:01/01/2008Validity Status:ValidOrder of the President of the People's Republic of ChinaNo.65The Labor Contract Law of the People's Republic of China,adopted at the28th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of the China on June29, 2007,is hereby promulgated and shall go into effect as of January1,2008.Hu Jintao,President of the People's Republic of ChinaJune29,2007 Labor Contract Law of the People's Republic of China(Adopted at the28th Meeting of the Standing Committee of the Tenth National People's Congress on June29,2007)ContentsChapter I General ProvisionsChapter II Conclusion of a Labor ContractChapter III Performance and Modification of a Labor ContractChapter IV Revocation and Termination of a Labor ContractChapter V Special ProvisionsSection1A Collective ContractSection2Labor DispatchSection3Part-Time EmploymentChapter VI Supervision and InspectionChapter VII Legal ResponsibilityChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle1This Law is enacted in order to improve the labor contract system,define the rights and obligations of both parties to a labor contract,protect the legitimate rights and interests of workers,and establish and develop a harmonious and stable labor relationship.Article2This Law is applicable where organizations such as enterprises,self-employed economic organizations and private non-enterprise units within the territory of the People's Republic of China (hereinafter referred to as employing units)establish labor relationships with workers through concluding, performing,modifying,revoking or terminating labor contracts with them.State organs,institutions and public organizations and the workers with whom they are to establish labor relationships shall conclude,perform,modify,revoke or terminate labor contracts in accordance with thisLaw.Article3Labor contracts shall be concluded in adherence to the principles of lawfulness,fairness, equality,voluntariness,consensus through consultation,and good faith.A labor contract concluded in accordance with law shall have binding force.Both the employing unit and the worker shall fulfill the obligations stipulated in the labor contract.Article4Employing units shall establish and improve labor rules and regulations to ensure that workers enjoy the labor rights and fulfill the labor obligations.When formulating or modifying the rules and regulations,or making decisions on important matters, which have a direct bearing on the immediate interests of workers,such as labor remuneration,working hours,rest and vacation,occupational safety and health,insurance and welfare,training,labor discipline and labor quota control,the employing unit shall,after discussion by the conference of workers or all the workers,put forward plans and suggestions and make decisions after consulting with the trade union or the representatives of the workers on an equal footing.If,during the implementation of the rules and regulations or the decisions on important matters,the trade union or the workers hold that such rules,regulations or decisions are inappropriate,it or they are entitled to put forward the opinion to the employing unit,and have the rules,regulations or decisions modified and improved through consultation.The employing unit shall make public or inform the workers of the rules and regulations,and the decisions on important matters,which have a direct bearing on the immediate interests of the workers.Article5The administrative department of labor of the people's government at or above the county level shall,together with the representatives of the trade union and the enterprise,establish a sound tripartite mechanism for coordination of labor relationships,in order to jointly discuss and resolve the major issues concerning labor relationships.Article6The trade union shall give assistance and guidance to the workers in lawfully concluding labor contracts with the employing unit and performing the same,and establish a collective consultation mechanism with the employing unit in order to protect the legitimate rights and interests of workers.Chapter II Conclusion of a Labor ContractArticle7A labor relationship is established by an employing unit with a worker as of the date the former employs the latter.An employing unit shall keep a register of workers for reference.Article8When an employing unit recruits a worker,it shall truthfully inform him of the job description,the working conditions,the place of work,occupational hazards,conditions for work safety, labor remuneration and other matters which the worker requests to be informed of.The employing unit has the right to acquire the basic information of the worker which is directly related to the labor contract, and the worker shall truthfully provide the same.Article9When recruiting a worker,the employing unit may not detain the worker's resident identity card or other certificates,nor may it require him to provide guaranty or collect money or things of value from him in other names.Article10To establish a labor relationship,a written labor contract shall be concluded.In the event that no written labor contract is concluded at the time when a labor relationship is established,such a contract shall be concluded within one month as of the date when the employing unit employs a worker.Where an employing unit and a worker conclude a labor contract before the latter starts to work,the laborrelationship shall be established as of the date when the latter starts to work.Article11In the event that an employing unit fails to conclude a written labor contract with a worker at the same time as it employs him,and labor remuneration agreed upon with him is not definite,the remuneration shall be decided on according to the rate specified in the collective contract;where there is no collective contract or the collective contract is silent on the matter,equal pay for equal work shall be practiced.Article12Labor contracts consist of fixed-term labor contracts,open-ended labor contracts and labor contracts that expire upon completion of given jobs.Article13A fixed-term labor contract is one the ending date of which is agreed upon between the employing unit and the worker.An employing unit and a worker may conclude a fixed-term labor contract upon reaching consensus through consultation.Article14An open-ended labor contract is one where the employing unit and the worker have agreed not to stipulate a definite ending date.An employing unit and a worker may conclude an open-ended labor contract upon reaching consensus through consultation.If a worker proposes or agrees to renew the labor contract or to conclude a labor contract in any of the following circumstances,an open-ended labor contract shall be concluded,unless the worker requests the conclusion of a fixed-term labor contract:(1)The worker has been working for the employing unit for a consecutive period of10or more years;(2)The worker has been working for the employing unit for a consecutive period of10or more years but less than10years away from the statutory retirement age when the employing unit introduces the labor contract system or when the State-owned enterprise has to conclude a new labor contract with him as a result of restructuring;or(3)The worker intends to renew the labor contract after he has consecutively concluded a fixed-term labor contract with the employing unit twice and he has not been found in any of the circumstances specified in Article39or Subparagraph(1)or(2)in Article40of this Law.If an employing unit fails to conclude a written labor contract with a worker within one year as of the date when it employs the worker,it shall be deemed to have concluded an open-ended labor contract with the latter.Article15A labor contract that expires upon completion of a given job is one in which the employing unit and the worker have agreed that the period for completion of the given job is the term of the contract. An employing unit and a worker may,upon reaching consensus through consultation,conclude a labor contract which expires upon completion of a given job.Article16A labor contract shall become effective when the employing unit and the worker reach agreement through consultation thereon and both parties sign or affix their seals on the copies of the contract.The employing unit and the worker shall each keep a copy of the labor contract.Article17A labor contract shall contain the following terms:(1)name,domicile and legal representative or the principal leading person of the employing unit;(2)name,address and the number of the resident identity card or of other valid identity documents of the worker;(3)term of the labor contract;(4)job description and the place of work;(5)working hours,rest and vacation;(6)labor remuneration;(7)social insurance;(8)occupational protection,working conditions and protection against occupational hazards;and(9)other terms which are required to be included in a labor contract,as provided for by laws and regulations.In addition to the requisite terms mentioned above,an employing unit and a worker may agree to have other matters stipulated in the labor contract,such as probation period,training,confidentiality, supplementary insurance and welfare benefits.Article18If a dispute arises because the labor remuneration rate,the standard for working conditions, etc.are not definitely specified in the labor contract,the employing unit and the worker may negotiate anew.If the negotiation is unsuccessful,the relevant stipulations of the collective contract shall be applicable.If there is no collective contract or the collective contract is silent on the issue of labor remuneration,equal pay for equal work shall be practiced.If there is no collective contract or the collective contract is silent on the standards for working conditions,etc.,the relevant regulations of the State shall apply.Article19If the term of a labor contract is more than three months but less than one year,the probation period may not exceed one month;if the term is more than one year but less than three years, the probation period may not exceed two months;and if the term is fixed for three or more years or is open-ended,the probation period may not exceed six months.An employing unit and a worker may agree upon only one probation period.No probation period may be stipulated in a labor contract that expires upon completion of a given job or in a labor contract for a term of less than three months.The probation period shall be included in the term of a labor contract.If a labor contract only provides for a probation period,that period shall not stand and the term provided for shall be the term of the labor contract.Article20The wage of a worker on probation shall not be lower than the lowest wage level for the same job of the employing unit or be less than80per cent of the wage agreed upon in the labor contract,and shall not be lower than the minimum wage rate in the place where the employing unit is located.Article21An employing unit may not revoke a labor contract during the probation period unless the worker is found in one of the circumstances specified in Article39or Subparagraph(1)or(2)in Article 40of this Law.If an employing unit revokes a labor contract during the probation period,it shall explain the reasons to the worker.Article22If an employing unit provides special funding for a worker's training and gives him professional technical training,it may conclude an agreement with the worker specifying the term of service.If the worker breaches the agreement on the term of service,he shall pay a penalty to the employing unit as agreed upon.The sum of the penalty may not exceed the training expenses paid by the employing unit. The penalty that the employing unit requires the worker to pay may not exceed the portion of the trainingexpenses allocable to the unperformed portion of the term of service.Where the employing unit and the worker reach an agreement on the term of service,the raise in the worker's remuneration according to the regular wage adjustment mechanism during the term of service shall not be adversely affected.Article23An employing unit and a worker may have such terms stipulated in the labor contract as keeping business secrets of the employing unit and keeping confidential the matters relating to its intellectual property rights.With regard to a worker who has a confidentiality obligation,the employing unit may have stipulated in the labor contract or confidentiality agreement competition restriction and payment of financial compensation to him on a monthly basis during the term of the competition restriction after the labor contract is revoked or terminated.If the worker breaches the stipulation on competition restriction,he shall pay penalty to the employing unit as agreed upon.Article24The persons subject to competition restriction shall be limited to senior managers,senior technicians and other persons who are under the confidentiality obligation to the employing unit.The scope,geographic area and term of competition restriction shall be agreed upon by the employing unit and the worker,and such agreement shall not be at variance with the provisions of laws and regulations. The term of competition restriction,calculated from the revocation or termination of the labor contract, for one of the persons,as mentioned in the preceding paragraph,to go to work for a competing employing unit that produces or deals in the same type of products or is engaged in the same type of business as his original employing unit,or to establish his own business to produce or deal in the same type of products or engage in the same type of business shall not exceed two years.Article25With the exception of the circumstances specified in Articles22and23of this Law,an employing unit shall not enter into an agreement with a worker on payment of penalty by the worker for breach of contract.Article26A labor contract shall be invalid or partially invalid under one of the following circumstances:(1)The labor contract is concluded or modified against a party's true intention by means of deception or coercion,or when the party is in precarious situations;(2)The employing unit disclaims its statutory responsibility or denies the worker his rights;or(3)The labor contract is at variance with the mandatory provisions of laws or administrative regulations. If a dispute arises over the invalidity or partial invalidity of a labor contract,the matter shall be determined by a labor dispute arbitration institution or a people's court.Article27If part of a labor contract is invalid,which does not affect the validity of the rest of the contract,the rest shall remain valid.Article28If a labor contract is determined to be invalid but the worker has performed it,the employing unit shall pay the worker remuneration.The amount of remuneration shall be determined mutatis mutandis according to that for the workers holding the same or similar posts in the employing unit.Chapter III Performance and Modification of a Labor ContractArticle29An employing unit and a worker shall fully perform their respective obligations in accordance with the labor contract.Article30The employing unit shall pay their workers remuneration on time and in full in accordance with the labor contract and the regulations of the State.If an employing unit defaults in payment or underpays the labor remuneration,the worker concerned may,in accordance with law,apply to the local people's court for an order for payment,and the people's court shall issue such an order in accordance with law.Article31The employing unit shall strictly implement the norm set for labor quota and shall not compel the workers to work overtime or do so in disguised form.If an employing unit arranges for a worker to work overtime,it shall give him overtime pay in accordance with the relevant regulations of the State.Article32A worker shall not be deemed to be breaching the labor contract if he refuses to perform hazardous operations under instructions given in violation of rules and regulations or peremptorily given by a manager of the employing unit.A worker shall have the right to criticize or report or lodge accusations against the employing unit in respect of the working conditions that endanger his life or health.Article33Where an employing unit alters its name,replaces its legal representative,the principal leading person or investor(s),etc.,performance of the labor contract shall not be affected.Article34Where an employing unit is merged,divided,etc.,the existing labor contract shall remain valid and continue to be performed by the employing unit which succeeds to its rights and obligations.Article35An employing unit and a worker may modify the provisions of the labor contract,if they reach consensus on the matter through consultation.Modification of a labor contract shall be made in writing.The employing unit and the worker shall each keep a copy of the modified labor contract.Chapter IV Revocation and Termination of a Labor ContractArticle36An employing unit and a worker may revoke the labor contract if they reach consensus on the matter through consultation.Article37A worker may have the labor contract revoked by giving a written notification to the employing unit30days in advance.During the probation period,a worker may have the labor contract revoked by notifying the employing unit of his intention three days in advance.Article38A worker may have the labor contract revoked if the employing unit is found in any of the following circumstances:(1)failing to provide occupational protection or working conditions as agreed upon in the labor contract;(2)failing to pay labor remuneration on time and in full;(3)failing to pay the social insurance premiums for the worker in accordance with law;(4)having rules and regulations that are at variance with laws or regulations,thereby impairing the worker's rights and interests;(5)invalidating the labor contract as a result of one of the circumstances specified in the first paragraph of Article26of this Law;or(6)other circumstances in which a worker may have the labor contract revoked as provided for by laws or administrative regulations.If an employing unit forces a person to work by resorting to violence,intimidation or illegal restriction ofpersonal freedom,or if it gives instructions in violation of rules and regulations or gives peremptory orders to the worker to perform hazardous operations,which endanger his personal safety,the latter may revoke the labor contract forthwith without notifying the employing unit of the matter in advance.Article39The employing unit may have the labor contract revoked if a worker is found in any of the following circumstances:(1)being proved unqualified for recruitment during the probation period;(2)seriously violating the rules and regulations of the employing unit;(3)causing major losses to the employing unit due to serious dereliction of duty or engagement in malpractices for personal gain;(4)concurrently establishing a labor relationship with another employing unit,which seriously affects the accomplishment of the task of the original employing unit,or refusing to rectify after the original employing unit brings the matter to his attention;(5)invalidating the labor contract as a result of the circumstance specified in Subparagraph(1)of the first paragraph of Article26of this Law;or(6)being investigated for criminal responsibility in accordance with law.Article40In one of the following circumstances,an employing unit may revoke the labor contract,if it notifies in writing the worker of its intention30days in advance or after paying him an extra one month salary:(1)The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;(2)The worker is incompetent for the post and remains incompetent after receiving a training or being assigned to another post;or(3)The objective conditions taken as the basis for conclusion of the contract have greatly changed,so that the original labor contract cannot be performed and,after consultation between the employing unit and the worker,no agreement is reached on modification of the contents of the labor contract.Article41If,in any of the following circumstances,an employing unit needs to cut employment by more than20persons,or by less than20persons,which,however,accounts for more than10per cent of the total number of the enterprise's employees,it may do so after it explains the situation to the trade union or all of its employees30days in advance,solicits opinions from among them and submit its plan for cutting employment to the administrative department of labor:(1)The enterprise is to undergo reorganization pursuant to the provisions of the Law on Enterprise Bankruptcy;(2)The enterprise is in dire straits in production and management;(3)The enterprise changes its line of production,introduces a major technological updating or adjusts its business method,and,after modification of the labor contracts,still needs to reduce its personnel;or (4)The objective economic conditions taken as the basis for conclusion of the labor contracts have greatly changed,so that the original labor contracts cannot be performed.When cutting employment,the employing unit shall continue to employ the following persons by giving priority to them:(1)persons who have concluded fixed-term labor contracts for a relatively long term with the employingunit;(2)persons who have concluded open-ended labor contracts with the employing unit;and(3)persons none of whose other family members has a job or who have an elder or minor depending on his support.If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this Article goes to recruit employees anew within six months,it shall give notification to the laid off persons and,under equal conditions,recruit them before others.Article42The employing unit may not revoke the labor contract concluded with the worker,who is under one of the following circumstances,by applying the provisions in Articles40and41of this Law:(1)Being engaged in operations exposed to occupational disease hazards,the worker is not given pre-departure occupational health examinations,or being suspected of an occupational disease,is in the process of being diagnosed or is under medical observation;(2)Having contracted an occupational disease or being injured at work,the work is confirmed to have totally or partially lost the ability to work;(3)The worker is in the prescribed period of medical treatment for illness,or for injury incurred when not at work,and;(4)The worker is during the pregnant,puerperal or breast-feeding stage;(5)The worker has been working for the employing unit continuously for15years in full and is less than 5years away from the statutory retirement age;or(6)The worker is in any other circumstances as provided for by laws or administrative regulations.Article43Where an employing unit intends to revoke a labor contract unilaterally,it shall notify the trade union of the reasons in advance.If the employing unit violates the provisions of laws or administrative regulations or the labor contracts,the trade union shall have the right to demand that the employing unit put it right.The employing unit shall consider the trade union's opinion and notify the trade union in writing of the settlement of the matter.Article44A labor contract shall be terminated under one of the following circumstances:(1)The term of the contract expires;(2)The worker concerned begins to enjoy the benefits of the basic old-age insurance pension in accordance with law;(3)The worker concerned dies,or is declared dead or missing by the people's court;(4)The employing unit is declared bankrupt in accordance with law;(5)The business license of the employing unit is revoked,the employing unit is ordered to close down or to dissolve,or it decides to dissolve on an earlier date;or(6)any other circumstances provided for by laws and administrative regulations.Article45At the expiration of a labor contract,under one of the circumstances prescribed in Article 42of this Law,the term of the labor contract shall be extended until the necessary conditions cease to exist.However,the termination of a labor contract with a worker who has totally or partially lost the ability to work,as specified in Subparagraph(2)of Article42of this Law shall be handled in accordance with the regulations of the State governing insurance for work-related injury.Article46The employing unit shall pay financial compensation to a worker under one of the followingcircumstances:(1)The worker revokes the labor contract pursuant to the provisions in Article38of this Law;(2)The employing unit proposes revocation of the labor contract to the worker pursuant to the provisions in Article36of this Law and the parties reach an agreement thereon through consultation;(3)The employing unit revokes the labor contract pursuant to the provisions in Article40of this Law;(4)The employing unit revokes the labor contract pursuant to the provisions in the first paragraph of Article41of this Law;(5)The fixed-term labor contract is terminated pursuant to the provisions in Subparagraph(1)of Article 44of this Law,except that the worker does not agree to renew the contract even though the employing unit maintains the same conditions as,or offers better conditions than,the ones stipulated in the previous contract;(6)The labor contract is terminated pursuant to the provisions of Subparagraph(4)or(5)of Article44of this Law;or(7)Under any other circumstances provided for by laws or administrative regulations.Article47Financial compensation shall be paid on the basis of the number of years a person works in a unit,the rate being one month's salary for the work of one full year.If he has worked for six months or more but less than one year,the time shall be calculated as one year;and if he has worked for less than six months,he shall be paid half of his monthly salary as financial compensation.If the monthly salary of a worker is three times the average monthly salary of the workers of the region for the previous year,which is published by the people's government of the municipality directly under the Central Government or by that of the city divided into districts where the employing unit is located,the rate for his financial compensation payable shall be three times the average monthly salary of the workers,and the number of years involved shall not exceed12years.For the purposes of this Article,the monthly salary means the average of a given worker's monthly salary for the12months prior to the revocation or termination of the labor contract.Article48Where an employing unit revokes or terminates a labor contract in violation of the provisions of this Law and the worker involved demands continued performance of the contract,the employing unit shall continue performing the same.If the worker does not demand so or if it becomes impossible for continued performance of the labor contract,the employing unit shall pay compensation pursuant to the provisions in Article87of this Law.Article49The State takes measures to establish and improve an inter-regional system to ensure that a worker's social insurance account is continued when he is transferred to another region.Article50An employing unit shall issue a certificate of revocation or termination of the labor contract at the time of its revocation or termination and shall,within15days,undergo the formalities for the transfer of the worker's personal file and social insurance account.The worker shall hand over the matters related to his work as agreed upon by both parties.If the employing unit needs to pay financial compensation to the worker according to the relevant provisions of this Law,it shall make such payment upon completion of the procedure for handover of the work-related matters.The employing unit shall keep the copy of a revoked or terminated labor contract for at least two years for reference.。
劳动法中英文对照版
劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。
国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。
Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年 ...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档，后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面，打造全网一站式需求Ppt课件制作设计，word文档制作、图文设计制作、发布广告等，秉着以优质的服务对待每一位客户，做到让客户满意！感谢您下载我们文档。
英语翻译注意事项
翻译者入门须知1. 英文中没有中文的书名号，在英文中，书名使用斜体或者双引号来表达，例如：中文：《中华人民共和国劳动合同法》英文中表达为Labor contract law of the People's Republic of China 或者为“Labor contractlaw of the People's Republic of China”2. 一段话或者一句话的开头第一个字母要大写。
这预示着一个新的开始。
在英文书写中，我们还要注意正确运用标点符号的书写。
我们每写一个英文单词，后面紧跟着一个空格。
在一句话的停顿或者终止时，标点符号紧挨着英文单词。
然后下面的一个单词和前面的标点符号之间也有一个空格距离。
3. 专有名词的书写。
一些专有名字有自己固定的书写模式，它的第一个字母要大写，这些切忌千万别弄错了。
例如：“中华人民共和国”英文为People's Republic of China (PRC) 每个单词都是第一个字母大写，而单词之间的连接词，例如“of”还是小写。
4. 关于金额的书写。
123456.89 元如果用英文正确的表达出来的话就是One hundred and twenty-three thousandfour hundred and fifty-six point eighty nine Yuan.这里面需要注意的是：1) thousand 和hundred 之间不需要and2) hundred 后面需要and3）一般你要用国际通用的货币符号的话，应该放在数字前面如4）但是如果要说yuan的话就应该放在数字后面5）因为各国的货币不一样，所以表达的时候一定要表达清晰，例如美元就应该是USD 或者为US Dollar, 港元表示为HKD 或者为Hong Kong dollar，澳元AUD 或者为AustralianDollar …. 单独的Dollar 并不能具体的表示是哪国的货币，所以这点需要谨慎，一定要注意6）具体的表示金额的时候，thousand/hundred 没有复数形式直接使用。
中华人民共和国合同法英文版
中华人民共和国合同法英文版IntroductionThe Contract Law of the People’s Republic of China was enacted by the National People’s Congress of the People’s Republic of China on March 15, 1999, and came into effect on October 1, 1999. The contract law regulates the conclusion, performance, and termination of contracts in China, and it provides a legal framework for contractual transactions in various fields.General ProvisionsArticle 1 - PurposeThe purpose of this law is to regulate civil activities with contractual nature, protect the legitimate rights and interests of the parties to a contract, maintain social and economic order, and promote socialist modernization.Article 2 - DefinitionA contract is an agreement between natural persons, legal persons, or other organizations that have equal legal status, which creates, alters, or extinguishes civil rights and obligations.Article 3 - PrinciplesThe parties to a contract shall follow the principles of fairness, voluntariness, equality, and good faith in concluding, performing, and terminating a contract.Article 4 - Binding ForceA contract shall have binding force on the parties to the contract, and the parties shall perform their obligations in accordance with the contract.Formation of ContractsArticle 9 - OfferAn offer is a proposal made by one party to another party to conclude a contract.Article 10 - AcceptanceAcceptance is an expression of the acceptance of the offer by the offeree.Article 11 - Revocation of OfferAn offer may be revoked if the offeror informs the offeree of the revocation before the offeree has accepted the offer.Article 12 - Lapse of OfferAn offer lapses if it is not accepted within the time limit specified in the offer or within a reasonable time.Article 13 - Modification and Termination of OfferAn offer may be modified or terminated with the consent of the offeree or in accordance with the law.Article 14 - Invalid OffersInvalid offers are offers that lack legality, reality, or voluntariness.Article 15 - Acceptance by ConductAcceptance by conduct is an expression of acceptance by the offeree through his or her conduct.Performance of ContractsArticle 26 - Performance in Accordance with ContractThe parties shall perform their obligations in accordance with the contract.Article 27 - Change of PerformanceIf the circumstances have changed greatly after the conclusion of the contract, and the parties are unable toperform the contract as agreed upon, the parties may renegotiate and modify the contract.Article 28 - Force MajeureIf the performance of a contract is impossible because of force majeure, and the parties are unable to perform the contract even if they have taken necessary measures, the parties may be exempted from liability in accordance with the law.Article 29 - Renunciation of PerformanceIf a party renounces the performance of a contract without justifiable reasons, the other party has the right to request the performance of the contract or to terminate the contract and claim damages.Termination of ContractsArticle 94 - Termination by AgreementThe parties may terminate the contract by agreement.Article 95 - Termination by One PartyIf one party has breached the contract, the other party may terminate the contract and claim damages.Article 96 - Termination Due to Force MajeureIf the performance of a contract has become impossible due to force majeure, the parties may terminate the contract.Article 97 - Termination Due to a Party’s CircumstancesIf a party’s circumstances have changed so greatly that the contract cannot be performed, the other party may terminate the contract.Article 98 - Termination Due to a Third Party’s CircumstancesIf the performance of a contract is impossible due to the circumstances of a third party, the parties may terminate the contract.ConclusionThe Contract Law of the People’s Republic of China provides a legal framework for various contractual transactions in China. The law regulates the conclusion, performance, and termination of contracts, and it protects the legitimate rights and interests of the parties to a contract. The principles of fairness, voluntariness, equality, and good faith shall be followedby the parties to a contract, and the parties shall perform their obligations in accordance with the contract.。
Labor Contract Law of The People's Republic of China 2008
转自：ALMOND上海法律顾问团队在线律师免费咨询热线Labor Contract Law of the People’sRepublic of China(Adopted at the 28th Session of Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007)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 ProvisionsChapter I General ProvisionsArticle 1This Law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.Article 2 This Law shall apply to the establishment of employment relationship between employees and enterprises, individual economic organizations, private non-enterprise entities, or other organizations (hereafter referred to as employers), and to the formation, fulfillment, change, dissolution, or termination of labor contracts. The state organs, public institutions, social organizations, and their employees among them there is an employment relationship shall observe this Law in the formation, fulfillment, change, dissolution, or termination of their labor contracts.Article 3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of a labor contract.A labor contract concluded according to the law shall have a binding force. The employer and the employee shall perform the obligations as stipulated in the labor contract.Article 4 An employer shall establish a sound system of employment rules so as to ensure that its employees enjoy the labor rights and perform the employment obligations.Where an employer formulates, amends or decides rules or important events concerning the remuneration, working time, break, vacation, work safety and sanitation, insurance and welfare, training of employees, labor discipline, or management of production quota, which are directly related to the interests of the employees, such rules or important events shall be discussed at the meeting ofemployees’ representatives or the general meeting of all employees, and the employer shall also put forward proposals and opinions to the employees and negotiate with the labor union or the employees’ representatives on a e qual basis to reach agreements on these rules or events.During the process of execution of a decision about a rule or about an important event, if the labor union or the employees deem it improper, they may require the employer to amend or improve the rules or decisions through negotiations.The employer shall make an announcement of the rules and important events which are directly related to the interests of the employees or inform the employees of these rules or events.Article 5 The labor administra tive department of the people’s government at the county level or above shall, together with the labor union and the representatives of the enterprise, establish a sound three-party mechanism to coordinate employment relationship and shall jointly seek to solve the major problems related to employment relations.Article 6 The labor union shall assist and direct the employees when they conclude with the employers and fulfill labor contracts and establish a collective negotiation mechanism with the employers so as to maintain the lawful rights and interests of the employees.Chapter II Formation of Labor ContractsArticle 7 An employer establishes an employment relationship with an employee from the date when the employer puts the employee to work. The employer shall prepare a roster of employees for inspection.Article 8 When an employer hires an employee, it shall faithfully inform him of the work contents, conditions and location, occupational harm, work safety state, remuneration, and other information which the employee requires to be informed. The employer has the right to know the basic information of the employer which is directly related to the labor contract and the employee shall faithfully provide such information.Article 9 When an employer hires an employee, it shall not detain his identity card or other certificates, nor require him to provide a guaranty or collect money or property from him under any other excuse.Article 10 A written labor contract shall be concluded in the establishment of an employment relationship.Where an employment relationship has already been established with an employee but no written labor contract has been entered simultaneously, a written labor contract shall be concluded within one month from the date when the employee begins to work.Where an employer and an employee conclude a labor contract prior to the employment, the employment relationship is established from the date when the employee begins to work.Article 11 Where an employer fails to conclude a written labor contract when the employer put his employee to work, if the remuneration stipulated between the employer and the employee is not clear, the remuneration to the new employee shallconform to the provisions of the collective contract. If there is no collective contract or if there is no such stipulation in the collective contract, the principle of equal pay for equal work shall be observed.Article 12 Labor contracts are classified into fix-term labor contracts, labor contracts without a fixed term, and the labor contracts that set the completion of specific tasks as the term to end contracts.Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee stipulate the time of termination of the contract.The employer and the employee may conclude a fixed-term labor contract upon negotiation.Article 14 A labor contract without a fixed term refers to a labor contract in which the employer and the employee stipulate no certain time to end the contract.An employer and an employee may, through negotiations, conclude a labor contract without a fixed term. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, a labor contract without a fixed term shall be concluded unless the employee proposes to conclude a fixed-term labor contract:1. The employee has already worked for the employer for 10 full years consecutively;2. When the employer initially adopts the labor contract system or when a state-owned enterprise re-concludes the labor contract due to restructuring, the employee has already worked for this employer for 10 full years consecutively and he attains to the age which is less than 10 years up to the statutory retirement age; or3. The labor contract is to be renewed after two fixed-term labor contracts have been concluded consecutively, and the employee is not under any of the circumstances as mentioned in Article 39 and Paragraphs (1) and (2) of Article 40 of this Law.If the employer fails to sign a written labor contract with an employee after the lapse of one full year from the date when the employee begins to work, it shall be deemed that the employer and the employee have concluded a labor contract without a fixed term.Article 15 A labor contract that sets the completion of a specific task as the term to end the contract refers to the labor contract in which the employer and the employee stipulate that the time period of the contract shall be based on the completion of a specific task.An employer and an employee may, upon negotiation, conclude a labor contract that sets the completion of a specific task to end the contract.Article 16 A labor contract shall be agreed with by the employer and the employee and shall come into effect after the employer and the employee affix their signatures or seals to the labor contract.The employer and the employee shall each hold one copy of the labor contract. Article 17 A labor contract shall include the following clauses:1. The employer’s n ame, domicile, legal representative, or major person-in-charge;2. The employee’s name, domicile, identity card number, or other valid identity certificate number;3. The time limit for the labor contract;4. The job descriptions and work locations;5. The work hours, break time, and vocations;6. The remunerations;7. The social security;8. The employment protection, work conditions, and protection against and prevention of occupational harm; and9. Other items that shall be included in the labor contract under any laws or regulations.Apart from the essential clauses as prescribed in the preceding paragraph, the employer and the employee may, in the labor contract, stipulate the probation time period, training, confidentiality, supplementary insurances, welfares and benefits, and other items.Article 18 If remunerations, work conditions, and other criterions are not expressly stipulated in a labor contract and a dispute is triggered, the employer and the employee may re-negotiate the contract. If no agreement is reached through negotiations, the provisions of the collective contract shall be followed. If there is no collective contract or if there is no such stipulation about the remuneration, the principle of equal pay for equal work shall be observed. If there is no collective contract or if there is no such stipulation about the work conditions and other criterions in the collective contract, the relevant provisions of the state shall be followed.Article 19 If the term of a labor contract is not less than 3 months but less than 1 year, the probation period shall not exceed one month. If the term of a labor contract is not less than one year but less than 3 years, the probation period shall not exceed 2 months. For a labor contract with a fixed term of 3 years or more or without a fixed term, the probation term shall not exceed 6 months.An employer can only impose one probation time period on an employee.For a labor contract that sets the completion of a specific task as the term to end the contract or with a fixed term of less than 3 months, no probation period may be stipulated.The probation period shall be included in the term of a labor contract. If a labor contract only provides the term of probation, the probation shall be null and void and the term of the probation shall be treated as the term of the labor contract.Article 20 The wage of an employee during the probation period shall not be lower than the minimum wage for the same position of the same employer or lower than 80% of the wage stipulated in the labor contract, nor may it be lower than the minimum wage of the locality where the employer is located.Article 21 During the probation period, except when the employee is under any of the circumstances as described in Article 39 and Article 40 (i) and (ii), the employer shall not dissolve the labor contract. If an employer dissolves a labor contract during the probation period, it shall make an explanation.Article 22 Where an employer pays special training expenses for the special technical training of his employees, the employer may enter an agreement with his employees to specify their service time period.If an employee violates the stipulation regarding the service time period, he shall pay the employer a penalty for breach of contract. The amount of penalty for breach of contract shall not exceed the training fees provided by the employer. The penalty for breach of a contract in which the employer requires the employee to pay shall not exceed the training expenses attributable to the service time period that is unfulfilled. The service time period stipulated by the employer and the employee does not affect the promotion of the remuneration of the employee during the probation period under the normal wage adjustment mechanism.Article 23 An employer may enter an agreement with his employees in the labor contract to require his employees to keep the business secrets and intellectual property of the employer confidential.For an employee who has the obligation of keeping confidential, the employer and the employee may stipulate non-competition clauses in the labor contract or in the confidentiality agreement and come to an agreement that, when the labor contract is dissolved or terminated, the employee shall be given economic compensations within the non-competition period. If the employee violates the stipulation of non-competition, it shall pay the employer a penalty for breaching the contract. Article 24 The persons who should be subject to non-competition shall be limited to the senior mangers, senior technicians, and the other employees, who have the obligation to keep secrets, of employers. The scope, geographical range and time limit for non-competition shall be stipulated by the employer and the employee. The stipulation on non-competition shall not be contrary to any laws or regulations.After the dissolution or termination of a labor contract, the non-competition period for any of the persons as mentioned in the preceding paragraph to work in any other employer producing or engaging in products of the same category or engaging in business of the same category as this employer shall not exceed two years.Article 25 Except for the circumstances as prescribed in Articles 22 and 23 of this Law, the employer shall not stipulate with the employee that the employee shall pay the penalty for breaching contract.Article 26 The following labor contracts are invalid or are partially invalid if:1. a party employs the means of deception or coercion or takes advantage of the other party’s difficulties to force the other party to conclude a labor contract or to make an amendment to a labor contract, which is contrary to his will;2. an employer disclaims its legal liability or denies the employee’s rights; or3. the mandatory provisions of laws or administrative regulations are violated.If there is any dispute over the invalidating or partially invalidating of a labor contract, the dispute shall be settled by the labor dispute arbitration institution or by the people’s court.Article 27 The invalidity of any part of a labor contract does not affect the validity of the other parts of the contract. The other parts shall still remain valid.Article 28 If a labor contract has been confirmed to be invalid, the employer shall pay remunerations to his employees who have labored for the employer. The amount of remunerations shall be determined by analogy to the remuneration to the employees taking up the same or similar positions of the employer .Chapter III Fulfillment and Change of Labor ContractsArticle 29 An employer and an employee shall, according to the stipulations of the labor contract, fully perform their respective obligations.Article 30 An employer shall, under the contractual stipulations and the provisions of the state, timely pay its employees the full amount of remunerations.Where an employer defers paying or fails to pay the full amount of remunerations, the employees may apply to the local people’s court for an order of payment. The people’s court shall issue an o rder of payment according to the law.Article 31 An employer shall strictly execute the criterion on production quota, it shall not force any of its employees to work overtime or make any of his employees to do so in a disguised form. If an employer arranges overtime work, it shall pay its employee for the overtime work according to the relevant provisions of the state. Article 32 If an employee refuses to perform the dangerous operations ordered by the manager of his employer who violates the safety regulations or forces the employee to risk his life, the employee shall not be deemed to have violated the labor contract.An employee may criticize, expose to the authorities, or charge against the employer if the work conditions may endanger his life and health.Article 33 An employer’s change of its name, legal representative, key person-in-charge, or investor shall not affect the fulfillment of the labor contracts. Article 34 In case of merger or split the original labor contracts of the employer still remain valid. Such labor contracts shall be performed by the new employer who succeeds the rights and obligations of the aforesaid employer.Article 35 An employer and an employee may modify the contents stipulated in the labor contract if they so agree upon negotiations. The modifications to the labor contract shall be made in writing.The employer and the employee shall each hold one copy of the modified labor contract.Chapter IV Dissolution and Termination of Labor ContractsArticle 36 An employer and an employee may dissolve the labor contract if they so agree upon negotiations.Article 37 An employee may dissolve the labor contract if he notifies in writing the employer 30 days in advance. During the probation period, an employee may dissolve the labor contract if he notifies the employer 3 days in advance.Article 38 Where an employer is under any of the following circumstances, its employees may dissolve the labor contract:1. It fails to provide labor protection or work conditions as stipulated in the labor contract;2. It fails to timely pay the full amount of remunerations;3. It fails to pay social security premiums for the employees;4. The rules and procedures set up by the employer are contrary to any law or regulation and impair the rights and interests of the employees;5. The labor contract is invalidated due to the circumstance as mentioned in Article 26 (1) of this Law; or6. Any other circumstances prescribed by other laws or administrative regulations thatauthorize employees to dissolve labor contracts.If an employer forces any employee to work by the means of violence, threat, or illegally restraining personal freedom, or an employer violates the safety regulations to order or forces any employee to perform dangerous operations that endanger the employee’s personal life, the employee may immediately dissolve the labor contract without notifying the employer in advance.Article 39 Where an employee is under any of the following circumstances, his employer may dissolve the labor contract:1. It is proved that the employee does not meet the recruitment conditions during the probation period;2. The employee seriously violates the rules and procedures set up by the employer;3. The employee causes any severe damage to the employer because he seriously neglects his duties or seeks private benefits;4. The employee simultaneously enters an employment relationship with other employers and thus seriously affects his completion of the tasks of the employer, or the employee refuses to make the ratification after his employer points out the problem;5. The labor contract is invalidated due to the circumstance as mentioned in Item (1), paragraph 1, Article 26 of this Law; or6. The employee is under investigation for criminal liabilities according to law. Article 40 Under any of the following circumstances, the employer may dissolve the labor contract if it notifies the employee in writing 30 days in advance or after it pays the employee an extra month’s wages:1. The employee is sick or is injured for a non-work-related reason and cannot resume his original position after the expiration of the proscribed time period for medical treatment, nor can he assume any other position arranged by the employer;2. The employee is incompetent to his position or is still so after training or changing his position; or3. The objective situation, on which the conclusion of the labor contract is based, has changed considerably, the labor contract is unable to be performed and no agreement on changing the contents of the labor contract is reached after negotiations between the employer and the employee.Article 41 Under any of the following circumstances, if it is necessary to lay off 20 or more employees, or if it is necessary to lay off less than 20 employees but the layoff accounts for 10% of the total number of the employees, the employer shall, 30 days in advance, make an explanation to the labor union or to all its employees. After it has solicited the opinions from the labor union or of the employees, it may lay off the number of employees upon reporting the employee reduction plan to the labor administrative department:1. It is under revitalization according to the Enterprise Bankruptcy Law;2. It encounters serious difficulties in production and business operation;3. The enterprise changes products, makes important technological renovation, or adjusts the methods of its business operation, and it is still necessary to lay off the number of employees after changing the labor contract; or4. The objective economic situation, on which the labor contract is based, has changed considerably and the employer is unable to perform the labor contract.The following employees shall be given a priority to be kept when the employer cuts down the number of employees:1. Those who have concluded a fixed-term labor contract with a long time period2. Those who have concluded a labor contract without fixed term; and3. Those whose family has no other employee and has the aged or minors to support. If the employer intends to hire new employees within 6 months after it cuts down the number of employees according to the first paragraph of this Article, it shall notify the employees cut down and shall, in the equal conditions, give a priority to the employees cut down.Article 42 An employer shall not dissolve the labor contract under Articles 40 and 41 of this Law if any of its employee:1. is engaging in operations exposing him to occupational disease hazards and has not undergone an occupational health check-up before he leaves his position, or is suspected of having an occupational disease and has been diagnosed or under medical observation;2. has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury during his employment with the employer ;3. has contracted an illness or sustained a non-work-related injury and the proscribed time period of medical treatment has not expired;4. is a female who is 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; or(6) finds himself in other circumstances under which an employer shall not dissolve the labor contract as proscribed in laws or administrative regulationsArticle 43 Where an employer unilaterally dissolves a labor contract, it shall notify the labor union of the reasons in advance. If the employer violates any laws, administrative regulation, or stipulations of the labor contract, the labor union has the power to require the employer to make ratification. The employer shall consider the opinions of the labor union and notify the labor union of the relevant result in writing. Article 44 A labor contract may be terminated under any of the following circumstances:1. the term of a labor contract has expired;2. the employee has begun to enjoy the basic benefits of his pension;3. the employee is deceased, or is declared dead or missing by the peopl e’s court;4. the employer is declared bankrupt;5. the employer’s business license is revoked or the employer is ordered to close down its business or to dissolve its business entity, or the employer makes a decision to liquidate its business ahead of the schedule; or6. other circumstances proscribed by other laws or administrative regulations.Article 45 If a labor contract expires and it is under any of the circumstances as described in Article 42 of this Law, the term of labor contract shall be extended untilthe disappearance of the relevant circumstance. However, the matters relating to the termination of the labor contract of an employee who has lost or partially lost his capacity to work as prescribed in Article 42 (ii) of this Law shall be hand led according to the pertinent provisions on work-related injury insurance.Article 46 The employer shall, under any of the following circumstances, pay the employee an economic compensation:1. The employee dissolves the labor contract in pursuance of Article 38 of this Law;2. The employer proposes to dissolve the labor contract, and it reaches an agreement with the employee on the dissolution through negotiations;3. The employer dissolves the labor contract according to Article 40 of this Law;4. The employer dissolves the labor contract according to the first Paragraph of Article 41 of this Law; or5.The termination of a fixed–term labor contract according to Article 44 (i) of this Law unless the employee refuses 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 labor contract is terminated according to Article 44 (iv) and (v) of this Law; or7. Other circumstances as proscribed in other laws and administrative regulations. Article 47 An employee shall be given an economic compensation based on the number of years he has worked for the employer and at the rate of one month’s wage for each full year he worked. Any period of not less than six months but less than one year shall be counted as one year. The economic compensations payable to an employee for any period of less than six months shall be one-half of his monthly wages.If the monthly wage of an employee is higher than three times the average monthly wage of employees declared by the people’s government at the level of municipality directly under the central government or at the level of a districted city where the employer is located, the rate for the economic compensations to be paid to him shall be three times the average monthly wage of employees and shall be for no more than 12 years of his work.The term of “monthly wage” mentioned in this Article refers to the employee’s average monthly wage for the 12 months prior to the dissolution or termination of his labor contract.Article 48 If an employer dissolves or terminates a labor contract in violation of this Law but the employee demands the continuous fulfillment of the contract, the employer shall do so. If the employee does not demand the continuous fulfillment of the contract or if the continuous fulfil, lment of the labor contract is impossible, the employer shall pay compensation to the employee according to Article 87 of this Law. Article 49 The State shall take measures to establish and improve a comprehensive system to ensure that the employees’ social security relationship can be transferred from one region to another and can be continued after the transfer.Article 50 At the time of dissolution or termination of a labor contract, the employer shall issue a document to prove the dissolution or termination of the labor contract and complete, within 15 days, the procedures for the transfer of the employee’spersonal file and social security relationship.The employee shall complete the procedures for the handover of his work as agreed upon between both parties. If relevant provisions of this Law require the employer to pay an economic compensation, it shall make a payment upon completion of the procedures for the handover of the employee’s work.The employer shall preserve the labor contracts, which have been dissolved or terminated, for not less than two years for reference purposes.Chapter V Special ProvisionsSection 1 Collective ContractsArticle 51 The employees of an enterprise may get together as a party to negotiate with their employer to conclude a collective contract on the matters of remuneration, working hours, breaks, vacations, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the general assembly of employees or all the employees for discussion and approval.A collective contract may be concluded by the labor union on behalf of the employees of enterprise with the employer. If the enterprise does not have a labor union yet, the contract may be concluded between the employer and the representatives chosen by the employees under the guidance of the labor union at the next higher level.Article 52 The employees of an enterprise as a party may negotiate with the employer to enter specialized collective contracts regarding the issues of the work safety and hygiene, protection of the rights and interests of female employees, the wage adjustment mechanism, etc.Article 53 Industrial or regional collective contracts may be concluded between the labor unions and the representatives of enterprises in industries such as construction, mining, catering services, etc. in the regions at or below the county level.Article 54 After a collective contract has been concluded, it shall be submitted to the labor administrative department. The collective contract shall become effective after the lapse of 15 days from the date of receipt thereof by the labor administrative department, unless the said department raises any objections to the contract.A collective contract that has been concluded according to law is binding on both the employer and the employees. An industrial or regional collective contract is binding on both the employers and employees in the local industry or the region.Article 55 The standards for remunerations, working conditions, etc. as stipulated in a collective contract shall not be lower than the minimum criterions as prescribed by the local people’s government. The standards for remunerations, worki ng conditions, etc. as stipulated in the labor contract between an employer and an employee shall not be lower than those as specified 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 labor union may, according to law, require the employer to bear the liability. If a dispute arising from the performance of the collective contract is not resolved after negotiations, the labor union may apply for arbitration or lodge a lawsuit in pursuance of law.Section 2 Worker Dispatch Service。
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。
(整理)劳动合同法中英文对照上.
劳动合同法中英文对照Labor Contract Law of the PRC劳动合同法中华人民共和国主席令第65号《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过，现予公布，自2008年1月1日起施行。
中华人民共和国主席胡锦涛二○○七年六月二十九日Order the President of the People's Republic of China No. 65 The Labor Contract Law of the People's Republic of China, which has been adopted by the 28th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on June 29, 2007, is hereby promulgated and shall enter into force as of January 1, 2008. President of the People's Republic of China Hu Jintao June 29, 2007中华人民共和国劳动合同法Labor Contract Law of the People's Republic of China(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)(Adopted at the 28th Session of Standing Committee of the 10th National People's Congress of the People's Republic of China on June 29, 2007)目录Contents第一章总则Chapter I General Rules第二章劳动合同的订立Chapter II Conclusion of Labor Contracts第三章劳动合同的履行和变更Chapter III Performance and Alteration of Labor contract第四章劳动合同的解除和终止Chapter IV Discharge and Termination of LaborContract第五章特别规定Chapter V Special Rules第一节集体合同Section 1 Collective Contract第二节劳务派遣Section 2 Labor Dispatch第三节非全日制用工Section 3 Non-full-time Employment第六章监督检查Chapter VI Surveillance and Inspection第七章法律责任Chapter VII Legal Liabilities第八章附则Chapter VIII Supplementary Rules第一章总则Chapter I General Rules第一条为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。
合同翻译常用句型 - 管辖法律和争议解决
如果本协议签署之后，中国国家、省、 市或地方政府通过任何新的法律、法 规、法令或条例，修改或废除任何法 律、法规、法令或条例的任何条款， 或对任何法律、法规、法令或条例给 予不同的解释或采取不同的实施办 法，导致与本协议相冲突，或对一方 在本协议项下的经济利益造成实质 性的不利影响，受到影响的一方经书 面通知另一方后，双方应立即协商并 决定是否
协商在一方向另一方交付进行协商 的书面要求后立即开始。
If the dispute cannot be settled through consultation within 倘若在该通知发出后三十（30）天内，
thirty (30) days after such notice is given, the Parties shall 争议未能通过协商解决，双方应将争
甲方和乙方各委派一（1）名仲裁员。
The two arbitrators shall be selected within thirty (30) days 两名仲裁员应在发出或收到仲裁要
after giving or receiving of the request for arbitration.
1
Governing Law and Dispute Resolution
管辖法律和争议解决
The formation of this Contract, its validity, interpretation, execution and settlement of disputes in connection herewith shall be governed by the laws of the People's Republic of China ("PRC")
合同法英文版
中华人民共和国合同法（英文）CONTRACT LAW OF THE PEOPLES REPUBLIC OF CHINA(Adopted and Promulgated by the Second Session of the Ninth National Peoples Congress on March 15, 1999 )CONTENTSGeneral ProvisionsChapter 1 General ProvisionsChapter 2 Formation of ContractsChapter 3 Validity of ContractsChapter 4 Performance of ContractsChapter 5 Amendment and Assignment of ContractsChapter 6 Discharge of Contractual Rights and Obligations Chapter 7 Liability for Breach of ContractsChapter 8 Miscellaneous ProvisionsSpecific ProvisionsChapter 9 Contracts for SalesChapter 10 Contracts for Supply and Use of Electricity, Water, Gas, or HeatingChapter 11 Contracts for DonationChapter 12 Contracts for LoansChapter 13 Contracts for LeaseChapter 14 Contracts for Financial LeaseChapter 15 Contracts for Hired WorksChapter 16 Contracts for Construction ProjectChapter 17 Contracts for TransportationChapter 18 Contracts for TechnologyChapter 19 Contracts for StorageChapter 20 Contracts for WarehousingChapter 21 Contracts for Agency AppointmentChapter 22 Contracts for BrokerageChapter 23 Contracts for IntermediationSupplementary ProvisionsChapter Two Formation of ContractsArticle 9 Capacity; Contract through AgentIn entering into a contract, the parties shall have the appropriate capacities for civil rights and civil acts.A party may appoint an agent to enter into a contract on its behalf under the law.Article 10 Forms of Contract; Writing RequirementA contract may be made in a writing, in an oral conversation, as well as in any other form.A contract shall be in writing if a relevant law or administrative regulation so requires. A contract shall be in writing if the parties have so agreed.Article 11 Definition of WritingA writing means a memorandum of contract, letter or electronic message (including telegram, telex, facsimile, electronic data exchange and electronic mail), etc. which is capable ofexpressing its contents in a tangible form.Article 12 Terms of ContractThe terms of a contract shall be prescribed by the parties, and generally include the following:(i) names of the parties and the domiciles thereof;(ii) subject matter;(iii) quantity;(iv) quality;(v) price or remuneration;(vi) time, place and method of performance;(vii) liabilities for breach of contract;(viii) method of dispute resolution.The parties may enter into a contract by referencing a model contract for the relevant contract category.Article 13 Offer-AcceptanceA contract is concluded by the exchange of an offer and anacceptance.Article 14 Definition of OfferAn offer is a partys manifestation of intention to enter into a contract with the other party, which shall comply with the following:(i) Its terms are specific and definite;(ii) It indicates that upon acceptance by the offeree, the offeror will be bound thereby.Article 15 Invitation to OfferAn invitation to offer is a partys manifestation of intention to invite the other party to make an offer thereto. A delivered price list, announcement of auction, call for tender, prospectus, or commercial advertisement, etc. is an invitation to offer.A commercial advertisement is deemed an offer if its contents meet the requirements of an offer.Article 16 Effectiveness of Offer, Offer through Electronic MessageAn offer becomes effective when it reaches the offeree. When a contract is concluded by the exchange of electronic messages, if the recipient of an electronic message has designated a specific system to receive it, the time when the electronic message enters into such specific system is deemed its time of arrival; if no specific system has been designated, the time when the electronic message first enters into any of the recipients systems is deemed its time of arrival.Article 17 Withdrawal of OfferAn offer may be withdrawn. The notice of withdrawal shall reach the offeree before or at the same time as the offer.Article 18 Revocation of OfferAn offer may be revoked. The notice of revocation shall reach the offeree before it has dispatched a notice of acceptance. Article 19 Irrevocable OfferAn offer may not be revoked:(i) if it expressly indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable;(ii) if the offeree has reason to regard the offer as irrevocable, and has undertaken preparation for performance. Article 20 Extinguishment of OfferAn offer is extinguished in any of the following circumstances: (i) The notice of rejection reaches the offeror;(ii) The offeror lawfully revokes the offer;(iii) The offeree fails to dispatch its acceptance at the end of the period for acceptance;(iv) The offeree makes a material change to the terms of the offer.Article 21 Definition of AcceptanceAn acceptance is the offerees manifestation of intention to assent to an offer.Article 22 Mode of Acceptance; Acceptance by ConductAn acceptance shall be manifested by notification, except where it may be manifested by conduct in accordance with the relevant usage or as indicated in the offer.Article 23 Timely Dispatch of AcceptanceAn acceptance shall reach the offeror within the period prescribed in the offer.Where the offer does not prescribe a period for acceptance, the acceptance shall reach the offeror as follows:(i) Where the offer is made orally, the acceptance shall be dispatched immediately, unless otherwise agreed by the parties;(ii) Where the offer is made in a non-oral manner, the acceptance shall reach the offeror within a reasonable time. Article 24 Commencement of the Period for AcceptanceWhere an offer is made by a letter or a telegram, the period for acceptance commences on the date shown on the letter or the date on which the telegram is handed in for dispatch. If the letter does not specify a date, the period commences on the posting date stamped on the envelop. Where the offer is made through an instantaneous communication device such as telephone or facsimile, etc., the period for acceptance commences once the offer reaches the offeree.Article 25 Contract Formed upon Effectiveness of Acceptance A contract is formed once the acceptance becomes effective. Article 26 Effectiveness of AcceptanceA notice of acceptance becomes effective once it reaches the offeror. Where the acceptance does not require notification, it becomes effective once an act of acceptance is performed in accordance with the relevant usage or as required by the offer. Where a contract is concluded by the exchange of electronic messages, the time of arrival of the acceptance shall be governed by Paragraph 2 of Article 16 hereof.Article 27 Withdrawal of AcceptanceAn acceptance may be withdrawn. The notice of withdrawal shall reach the offeror before or at the same time as the acceptance. Article 28 Late AcceptanceAn acceptance dispatched by the offeree after expiration of the period for acceptance constitutes a new offer, unless the offeror timely advises the offeree that the acceptance is valid.Article 29 Delayed Transmission of AcceptanceIf the offeree dispatched its acceptance within the period for acceptance, and the acceptance, which would otherwise have reached the offeror in due time under normal circumstances, reaches the offeror after expiration of the period for acceptance due to any other reason, the acceptance is valid, unless the offeror timely advises the offeree that the acceptance has been rejected on grounds of the delay.Article 30 Acceptance Containing Material ChangeThe terms of the acceptance shall be identical to those of the offer. A purported acceptance dispatched by the offeree which materially alters the terms of the offer constitutes a new offer.A change in the subject matter, quantity, quality, price or remuneration, time, place and method of performance, liabilities for breach of contract or method of dispute resolution is a material change to the terms of the offer. Article 31 Acceptance Containing Non-material ChangesAn acceptance containing nonmaterial changes to the terms of the offer is nevertheless valid and the terms thereof prevail as the terms of the contract, unless the offeror timely objectsto such changes or the offer indicated that acceptance may not contain any change to the terms thereof.Article 32 Time of Formation in Case of Memorandum of Contract Where the parties enter into a contract by a memorandum of contract, the contract is formed when it is signed or sealed by the parties.Article 33 Time of Formation in Case of Letters or Electronic Messages; Confirmation LetterWhere the parties enter into a contract by the exchange of letters or electronic messages, one party may require execution of a confirmation letter before the contract is formed. The contract is formed upon execution of the confirmation letter. Article 34 Place of Formation; Electronic MessagesThe place where the acceptance becomes effective is the place of formation of a contract.Where a contract is concluded by the exchange of electronic messages, the recipients main place of business is the place of formation of the contract; if the recipient does not have a main place of business, its habitual residence is the placeof formation of the contract. If the parties have agreed otherwise, such agreement prevails.Article 35 Place of Formation in Case of Memorandum of Contract Where a contract is concluded by a memorandum of contract, its place of formation is the place where the parties sign or seal the contract.Article 36 Effect of Failure to Conclude Contract in Writing Where a contract is to be concluded by a writing as required by the relevant law or administrative regulation or as agreed by the parties, if the parties failed to conclude the contract in writing but one party has performed its main obligation and the other party has accepted the performance, the contract is formed.Article 37 Effect of Failure to Sign in Case of Memorandum of ContractWhere a contract is to be concluded by a memorandum of contract, if prior to signing or sealing of the contract, one party has performed its main obligation and the other party has accepted the performance, the contract is formed.Article 38 Contract under State Mandatory PlanWhere the state has, in light of its requirements, issued a mandatory plan or state purchase order, the relevant legal persons and other organizations shall enter into a contract based on the rights and obligations of the parties prescribed by the relevant laws and administrative regulations.Article 39 Standard Terms; Duty to Call AttentionWhere a contract is concluded by way of standard terms, the party supplying the standard terms shall abide by the principle of fairness in prescribing the rights and obligations of the parties and shall, in a reasonable manner, call the other partys attention to the provision(s) whereby such partys liabilities are excluded or limited, and shall explain such provision(s) upon request by the other party.Standard terms are contract provisions which were prepared in advance by a party for repeated use, and which are not negotiated with the other party in the course of concluding the contract.Article 40 Invalidity of Certain Standard TermsA standard term is invalid if it falls into any of the circumstances set forth in Article 52 and Article 53 hereof, or if it excludes the liabilities of the party supplying such term, increases the liabilities of the other party, or deprives the other party of any of its material rights.Article 41 Dispute Concerning Construction of Standard Term In case of any dispute concerning the construction of a standard term, such term shall be interpreted in accordance with common sense. If the standard term is subject to two or more interpretations, it shall be interpreted against the party supplying it. If a discrepancy exists between the standard term and a non-standard term, the non-standard term prevails. Article 42 Pre-contract LiabilitiesWhere in the course of concluding a contract, a party engaged in any of the following conducts, thereby causing loss to the other party, it shall be liable for damages:(i) negotiating in bad faith under the pretext of concluding a contract;(ii) intentionally concealing a material fact relating to theconclusion of the contract or supplying false information; (iii) any other conduct which violates the principle of good faith.Article 43 Trade Secrets; Liability for Disclosure or Improper UseA party may not disclose or improperly use any trade secret which it became aware of in the course of negotiating a contract, regardless of whether a contract is formed. If the party disclosed or improperly used such trade secret, thereby causing loss to the other party, it shall be liable for damages. Chapter Three Validity of ContractsArticle 44 Effectiveness of ContractA lawfully formed contract becomes effective upon its formation.Where effectiveness of a contract is subject to any procedure such as approval or registration, etc. as required by a relevant law or administrative regulation, such provision applies. Article 45 Conditions Precedent; Conditions Subsequent;Improper Impairment or FacilitationThe parties may prescribe that effectiveness of a contract be subject to certain conditions. A contract subject to a condition precedent becomes effective once such condition is satisfied. A contract subject to a condition subsequent is extinguished once such condition is satisfied.Where in order to further its own interests, a party improperly impaired the satisfaction of a condition, the condition is deemed to have been satisfied; where a party improperly facilitated the satisfaction of a condition, the condition is deemed not to have been satisfied.Article 46 Contract TermThe parties may prescribe a term for a contract. A contract subject to a time of commencement becomes effective at such time.A contract subject to a time of expiration is extinguished at such time.Article 47 Contract by Person with Limited CapacityA contract concluded by a person with limited capacity for civil act is valid upon ratification by the legal agent thereof,provided that a contract from which such person accrues benefits only or the conclusion of which is appropriate for his age, intelligence or mental health does not require ratification by his legal agent.The other party may demand that the legal agent ratify the contract within one month. If the legal agent fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification of the contract, the other party in good faith is entitled to cancel the contract. Cancellation shall be effected by notification.Article 48 Contract by Unauthorized AgentAbsent ratification by the principal, a contract concluded on his behalf by a person who lacked agency authority, who acted beyond his agency authority or whose agency authority was extinguished is not binding upon the principal unless ratified by him, and the person performing such act is liable.The other party may demand that the principal ratify the contract within one month. Where the principal fails to manifest his intention, he is deemed to have declined to ratify the contract. Prior to ratification of the contract, the otherparty in good faith is entitled to cancel the contract. Cancellation shall be effected by notification.Article 49 Contract by Person with Apparent Agency Authority Where the person lacking agency authority, acting beyond his agency authority, or whose agency authority was extinguished concluded a contract in the name of the principal, if it was reasonable for the other party to believe that the person performing the act had agency authority, such act of agency is valid.Article 50 Contract Executed by Legal RepresentativeWhere the legal representative or the person-in-charge of a legal person or an organization of any other nature entered into a contract acting beyond his scope of authority, unless the other party knew or should have known that he was acting beyond his scope of authority, such act of representation is valid. Article 51 Unauthorized Disposal of Property through Contract Where a piece of property belonging to another person was disposed of by a person without the power to do so, such contract is nevertheless valid once the person with the power to itsdisposal has ratified the contract, or if the person lacking the power to dispose of it when the contract was concluded has subsequently acquired such power.Article 52 Invalidating CircumstancesA contract is invalid in any of the following circumstances: (i) One party induced conclusion of the contract through fraud or duress, thereby harming the interests of the state;(ii) The parties colluded in bad faith, thereby harming the interests of the state, the collective or any third party; (iii) The parties intended to conceal an illegal purpose under the guise of a legitimate transaction;(iv) The contract harms public interests;(v) The contract violates a mandatory provision of any law or administrative regulation.Article 53 Invalidity of Certain Exculpatory ProvisionsThe following exculpatory provisions in a contract are invalid: (i) excluding one partys liability for personal injury caused to the other party;(ii) excluding one partys liability for property loss caused to the other party by its intentional misconduct or gross negligence.Article 54 Contract Subject to Amendment or Cancellation Either of the parties may petition the Peoples Court or an arbitration institution for amendment or cancellation of a contract if:(i) the contract was concluded due to a material mistake; (ii) the contract was grossly unconscionable at the time of its conclusion.If a party induced the other party to enter into a contract against its true intention by fraud or duress, or by taking advantage of the other partys hardship, the aggrieved party is entitled to petition the Peoples Court or an arbitration institution for amendment or cancellation of the contract. Where a party petitions for amendment of the contract, the Peoples Court or arbitration institution may not cancel the contract instead.Article 55 Extinguishment of Cancellation RightA partys cancellation right is extinguished in any of the following circumstances:(i) It fails to exercise the cancellation right within one year, commencing on the date when the party knew or should have known the cause for the cancellation;(ii) Upon becoming aware of the cause for cancellation, it waives the cancellation right by express statement or by conduct.Article 56 Effect of Invalidation or Cancellation; Partial Invalidation or CancellationAn invalid or canceled contract is not legally binding ab initio. Where a contract is partially invalid, and the validity of the remaining provisions thereof is not affected as a result, the remaining provisions are nevertheless valid.Article 57 Independence of Dispute Resolution ProvisionThe invalidation, cancellation or discharge of a contract does not impair the validity of the contract provision concerning the method of dispute resolution, which exists independently in the contract.Article 58 Remedies in Case of Invalidation or Cancellation After a contract was invalidated or canceled, the parties shall make restitution of any property acquired thereunder; where restitution in kind is not possible or necessary, allowance shall be made in money based on the value of the property. The party at fault shall indemnify the other party for its loss sustained as a result. Where both parties were at fault, the parties shall bear their respective liabilities accordingly. Article 59 Remedies in Case of Collusion in Bad FaithWhere the parties colluded in bad faith, thereby harming the interests of the state, the collective or a third person, any property acquired as a result shall be turned over to the state or be returned to the collective or the third personChapter Four Performance of ContractsArticle 60 Full Performance; Performance in Good FaithThe parties shall fully perform their respective obligations in accordance with the contract.The parties shall abide by the principle of good faith, and perform obligations such as notification, assistance, andconfidentiality, etc. in light of the nature and purpose of the contract and in accordance with the relevant usage.Article 61 Indeterminate Terms; Supplementary AgreementIf a term such as quality, price or remuneration, or place of performance etc. was not prescribed or clearly prescribed, after the contract has taken effect, the parties may supplement it through agreement; if the parties fail to reach a supplementary agreement, such term shall be determined in accordance with the relevant provisions of the contract or in accordance with the relevant usage.Article 62 Gap FillingWhere a relevant term of the contract was not clearly prescribed, and cannot be determined in accordance with Article 61 hereof, one of the following provisions applies:(i) If quality requirement was not clearly prescribed, performance shall be in accordance with the state standard or industry standard; absent any state or industry standard, performance shall be in accordance with the customary standard or any particular standard consistent with the purpose of the contract;(ii) If price or remuneration was not clearly prescribed, performance shall be in accordance with the prevailing market price at the place of performance at the time the contract was concluded, and if adoption of a price mandated by the government or based on government issued pricing guidelines is required by law, such requirement applies;(iii) Where the place of performance was not clearly prescribed, if the obligation is payment of money, performance shall be at the place where the payee is located; if the obligation is delivery of immovable property, performance shall be at the place where the immovable property is located; for any other subject matter, performance shall be at the place where the obligor is located;(iv) If the time of performance was not clearly prescribed, the obligor may perform, and the obligee may require performance, at any time, provided that the other party shall be given the time required for preparation;(v) If the method of performance was not clearly prescribed, performance shall be rendered in a manner which is conducive to realizing the purpose of the contract;(vi) If the party responsible for the expenses of performance was not clearly prescribed, the obligor shall bear the expenses.Article 63 Performance at Government Mandated PriceWhere a contract is to be implemented at a price mandated by the government or based on government issued pricing guidelines, if the government adjusts the price during the prescribed period of delivery, the contract price shall be the price at the time of delivery. Where a party delays in delivering the subject matter, the original price applies if the price has increased, and the new price applies if the price has decreased. Where a party delays in taking delivery or making payment, the new price applies if the price has increased, and the original price applies if the price has decreased.Article 64 Performance toward a Third PersonWhere the parties prescribed that the obligor render performance to a third person, if the obligor fails to render its performance to the third person, or rendered non-conforming performance, it shall be liable to the obligee for breach of contract.Article 65 Performance by a Third PersonWhere the parties prescribed that a third person render performance to the obligee, if the third person fails to perform or rendered non-conforming performance, the obligor shall be liable to the obligee for breach of contract.Article 66 Simultaneous PerformanceWhere the parties owe performance toward each other and there is no order of performance, the parties shall perform simultaneously. Prior to performance by the other party, one party is entitled to reject its requirement for performance. If the other party rendered non-conforming performance, one party is entitled to reject its corresponding requirement for performance.Article 67 Consecutive PerformanceWhere the parties owe performance toward each other and there is an order of performance, prior to performance by the party required to perform first, the party who is to perform subsequently is entitled to reject its requirement for performance. If the party required to perform first rendered non-conforming performance, the party who is to performsubsequently is entitled to reject its corresponding requirement for performance.Article 68 Right to Suspend PerformanceThe party required to perform first may suspend its performance if it has conclusive evidence establishing that the other party is in any of the following circumstances:(i) Its business has seriously deteriorated;(ii) It has engaged in transfer of assets or withdrawal of funds for the purpose of evading debts;(iii) It has lost its business creditworthiness;(iv) It is in any other circumstance which will or may cause it to lose its ability to perform.Where a party suspends performance without conclusive evidence, it shall be liable for breach of contract.Article 69 Notification upon Suspension of Performance; TerminationIf a party suspends its performance in accordance with Article 68 hereof, it shall timely notify the other party.If the other party provides appropriate assurance for its performance, the party shall resume performance. After performance was suspended, if the other party fails to regain its ability to perform and fails to provide appropriate assurance within a reasonable time, the suspending party may terminate the contract.Article 70 Difficulty in Rendering Performance Due to CombinationWhere after effecting combination, division, or change of domicile, the obligee failed to notify the obligor, thereby making it difficult to render performance, the obligor may suspend its performance or place the subject matter in escrow. Article 71 Right to Reject Early Performance; ExceptionThe obligee may reject the obligors early performance, except where such early performance does not harm the obligees interests.Any additional expense incurred by the obligee due to the obligors early performance shall be borne by the obligor. Article 72 Right to Reject Partial Performance; ExceptionAn obligee may reject the obligors partial performance, except where such partial performance does not harm the obligees interests.Any additional expense incurred by the obligee due to the obligors partial performance shall be borne by the obligor. Article 73 Subrogation; LimitationWhere the obligor delayed in exercising its creditors right against a third person that was due, thereby harming the obligee, the obligee may petition the Peoples Court for subrogation, except where such creditors right is exclusively personal to the obligor.The scope of subrogation is limited to the extent of the obligees right to performance. The necessary expenses for subrogation by the obligee shall be borne by the obligor. Article 74 Obligees Right to Cancel Manifestly Unreasonable Act by ObligorWhere the obligor waived its creditors right against a third person that was due or assigned its property without reward, thereby harming the obligee, the obligee may petition the。
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.。
规定合同法中英文逐条对照版
中华人民国合同法Contract Law of the People's Republic of China 总则第一章一般规定第二章合同的订立第三章合同的效力第四章合同的履行第五章合同的变更和转让第六章合同的权利义务终止第七章违约责任第八章其他规定分则第九章买卖合同第十章供用电、水、气、热力合同第十一章赠与合同第十二章借款合同第十三章租赁合同第十四章融资租赁合同第十五章承揽合同第十六章建设工程合同第十七章运输合同第十八章技术合同第十九章保管合同第二十章仓储合同第二十一章委托合同第二十二章行纪合同第二十三章居间合同附则总则General Provisions第一章一般规定Chapter 1 General Provisions第一条【立法目的】为了保护合同当事人的合法权益，维护社会经济秩序，促进社会主义现代化建设，制定本法。
Article 1 This Law is enacted in order to protect the lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialistmodernization.第二条【合同定义】本法所称合同是平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。
婚姻、收养、监护等有关身份关系的协议，适用其他法律的规定。
Article 2 A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of such entities.Agreements concerning personal relationships such as marriage,adoption, guardianship, etc.shall be governed by the provisions in other laws.第三条【平等原则】合同当事人的法律地位平等，一方不得将自己的意志强加给另一方。
常见法律法规名称的英文翻译
常见法律法规名称的英文翻译（1）中华人民共和国宪法修正案 AMENDMENT FOURTH TO THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF C HINA)中国银行业监督管理委员会关于中国银行、中国建设银行公司治理改革与监管指引 (Guidelines on Corporate Governance Reforms And Supervision of Bank of China and Constru ction Bank of China)外国保险机构驻华代表机构管理办法(Rules on Administration of Representative Offices of Foreign Insurance Institutions )商业银行资本充足率管理办法(Regulation Governing Capital Adequacy of Commercial Banks)金融机构衍生产品交易业务管理暂行办法(Provisional Administrative Rules Governing Derivatives Activities of Financial Institutions)中华人民共和国银行业监督管理法(Law of the People’s Republic of China on Banking Regulation and Supervision)境外金融机构投资入股中资金融机构管理办法(Administrative Rules Governing the Equity Investment in Chinese Financial Institutions by Over seas Financial Institutions )汽车金融公司管理办法实施细则(Implementing Rules for the Administrative Rules Governing the Auto Financ ing Company)汽车金融公司管理办法(Administrative Rules Governing the Auto Financing Company )新化学物质环境管理办法 (Provisions on the Environmental Administration of New Chemical substances )人民币银行结算账户管理办法(Administrative Rules for RMB Bank Settlement Accounts)中国人民银行假币收缴、鉴定管理办法(Administrative Rules of the People’s Bank of China for the Seizure and V erification of Counterfei t Currency)中华人民共和国中外合作办学条例(Regulations of the People’s Republic of China on Chinese-Foreign Cooperation in Running Scho ols )上海市营业性危险货物道路运输管理办法(Procedures of Shanghai Municipality on the Administration of Road Transportation of DangerousGoods of a Business Nature)人民币大额和可疑支付交易报告管理办法(Administrative Rules for the Reporting of Large-value and Suspicious RMB Payment Transactio ns)上海市新建住宅配套建设与交付使用管理办法(Procedures of Shanghai Municipality on The Administration of All Necessary Accessory Constru ctions of Newly Built Residences and Making Newly Built Residences A vailable to Users )上海市公共信息图形标志标准化管理办法 (Procedures of Shanghai Municipality on the Administration of the Standardization of the Grap hic Signs of Public Information )上海市民防工程建设和使用管理办法 (Procedures of Shanghai Municipality on Administration of Construction and Use of Civil Defe nse Projects )外汇指定银行办理结汇、售汇业务管理暂行办法(Provisional Procedures for Designated Bank’s Purchase and Sale of Foreign Exchange)金融统计管理规定(Administrative Rules for Financial Statistics )上海市促进行业协会发展规定 (Provisions of Shanghai Municipality on Promoting the Development of Trade Association ) 金融机构反洗钱规定(Rules for Anti-money Laundering by Financial Institutions )中华人民共和国商标法实施条例(2002)(Implementing Regulations of the Trademark Law of the People's Republic of China)危险化学品安全管理条例(Regulations on the Control over Safety of Dangerous Chemicals)上市公司治理准则(Code of Corporate Governance for Listed Companies in China)金融机构撤销条例(Regulations on Closure of Financial Institutions)关于中华人民共和国加入的决定(ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA) 中华人民共和国加入议定书(Protocol on the Accession of the People's Republic of China)中国在过渡性审议机制中提供的信息2(Annex 1A: Information to be Provided by China in the Context of the Transitional Review Mec hanism)根据《补贴与反补贴措施协定》第25条作出的通知(Annex 5A: Notification Pursuant to Article XXV of the Agreement on Subsidies and Countervaili ng Measures)总理事会依照《中国加入议定书》第18条第2款处理的问题(Annex 1B: Issues to be Addressed by the General Council in Accordance with Section 18.2 of Ch ina's Protocol of Accession)需逐步取消的补贴(Annex 5B: Subsidies to be Phased Out)中国加入工作组报告书(Report of the Working Party on the Accession of China )中华人民共和国著作权法 (2001)(Copyright Law of the People''s Republic of China(2001) )中华人民共和国职业病防治(Code of Occupational Disease Prevention of PRC)中华人民共和国商标法(2001） (Trademark Law of the People''s Republic of China(2001) )中华人民共和国防沙治沙法 (Law of the People's Republic of China on Desert Prevention and Transformation)专利法实施细则(2001)(Implementing Regulations of the Patent Law (2001))中华人民共和国婚姻法(2001)(Marriage Law of the People's Republic of China )集成电路布图设计保护条例(Regulations on the Protection of Layout-Designs of Integrated Circuits)互联网站从事登载新闻业务管理暂行规定(Interim Provisions for Administration of Internet Websites’ Publishing News)互联网信息服务管理办法(Measures for Administration of Information Service via Internet)中华人民共和国境内外国人宗教活动管理规定实施细则(Rules on Administration of Religious Activities of Aliens in China)中华人民共和国专利法(2000年修订版)(Patent Law of the People's Republic of China (Revised on 8/25/2000))中华人民共和国飞行基本规则(The Basic Regulations of A viation of the People’s Republic of China)中华人民共和国产品质量法 (Product Quality Law of the People's Republic of China (Amended on 7/8/2000))中华人民共和国大气污染防治法(2000)(Law of the People's Republic of China on the Prevention and Control of Atmospheric Poll ution(2000))中华人民共和国水污染防治法实施细则 (Rules for Implementation of the Law on the Prevention and Control of Water Pollution (Amen ded on 3/20/2000))个人存款账户实名制规定 (Provisions on the Real Name of Individual Deposit Account)中华人民共和国立法法 (Legislation Law)保险公司管理规定 (Regulations on the Administration of Insurance Companies )中华人民共和国森林法实施条例(Regulations for the Implementation of Forestry Law of the People's Republic of China)银行条例(BANKING ORDINANCE)中华人民共和国海洋环境保护法(2000) (Marine Environment Protection Law of the People's Republic of China(2000))统一域名争议解决办法补充规则(Supplemental Rules for Uniform Domain Name Dispute Resolution Policy )关于适用《中华人民共和国合同法》若干问题的解释（一）(The Supreme People's Court's Interpretations of Certain Issues Concerning the Application of Th e Contract Law)国务院关于国家行政机关和企业事业单位社会团体印章管理的规定(The Rules on the Administration of the Seals of the State Administrative Departments, Enterprise s and Institutions and the Social Organizations of the State Council)中华人民共和国会计法(The Law on Accountancy of the People's Republic of China)中华人民共和国气象法(Meteorology Law of the People's Republic of China)统一域名争议解决办法程序规则(Rules for Uniform Domain Name Dispute Resolution Policy) 商用密码管理条例(Regulations on the Commercial Passwords)中华人民共和国个人独资企业法(Sole Proprietorship Enterprise Law of the People's Republic of China )中华人民共和国植物新品种保护条例实施细则(林业部分)(RULES FOR THE REGULA TIONS OF THE PEOPLES REPUBLIC OF CHINA ON PROT ECTION OF NEW V ARIETIES OF PLANTS)价格违法行为行政处罚规定(Rules of Administrative Sanctions on Price Offense)关于价格违法行为行政处罚规定(Administrative Rules on the Penalties for Price Offense)中华人民共和国植物新品种保护条例实施细则（农业部分）(Implementing Rules for the Regulations of the People’s Republic of China on the Protection of N ew V arieties of Plants (Agriculture Part) )计算机软件保护条例(REGULA TIONS FOR THE PROTECTION OF COMPUTER SOFTWARE)上海市拆除违法建筑若干规定 (Provisions of Shanghai Municipality on the Demolition of Illegal Building )上海市村民委员会选举办法 (Procedures of Shanghai Municipality on the Election of the Villagers' Committee)饲料和饲料添加剂管理条例(Administrative Regulations on Feed and Feed Additive)中华人民共和国行政复议法(Law of the People's Republic of China on Administrative Reconsideration)上海市体育竞赛管理办法 (Procedures of Shanghai Municipality on Administration of Sports Contests )中华人民共和国合同法(CONTRACT LA W OF THE PEOPLE'S REPUBLIC OF CHINA )中华人民共和国澳门特别行政区第九届全国人民代表大会代表的产生办法 (Procedures for the Election of delegates of the Macao Special Administrative Region of the Pe ople’s Repubilc of China to the Ninth National People’s Congress)金融违法行为处罚办法(Methods of Punishment against Financial Malfeasance)上海市空中飞行器广告管理若干规定 (Provisions of Shanghai Municipality on the Control of Aerial Advertising by Measures of Airc raft )上海市失业保险办法 (Procedures of Shanghai Municipality on Unemployment Insurance )上海市户外广告设置规划和管理办法 (Procedures of Shanghai Municipality on the Installation, Planning and Administration of Outd oor Advertisements )上海市燃气管理条例(Regulations of Shanghai Municipality on the Administration of Fuel Gas ) 失业保险条例 (Regulations on Unemployment Insurance )社会保险费征缴暂行条例 (Interim Regulations on the Collection and Payment of Social Insurance Premiums)国家外汇管理局、海关总署关于使用进出口报关单联网核查系统有关问题的通知(NOTIFICA TION ON HOW TO USE THE 'VERIFICA TION SYSTEM FOR IMPORT AND EX PORT CUSTOMS DECLARA TION FORM NETWORK' )上海市公有住房差价交换试行办法(Procedures of Shanghai Municipality on Public Housing Exchange With Price Differences (For T rial Implementation) )中华人民共和国政府和厄立特里亚国政府文化协定一九九九、二○○○、二○○一年执行计划(EXECUTIVE PROGRAMME OF THE CULTURAL AGREEMENT BETWEEN THE GOVER N- MENT OF THE STA TE OF ERITREA AND THE GOVERNMENT OF THE PEOPLE'S REP UBLIC OF CHINA FOR 1999,2000,2001 EXECUTIVE PROGRAMME OF THE CULTURAL A GREEMENT BETWEEN THE GOVERNMENT OF THE STA TE OF ERITREA AND THE GO VERN- MENT OF THE PEOPLE'S REPUBLIC OF CHINA FOR 1999, 2000, 2001)全国人民代表大会常务委员会关于《中华人民共和国国籍法》在澳门特别行政区实施的几个问题的解释 (Interpretations of the Standing Committee of the National People’s Congress Concerning Ques tions on the Impelmentation of the Nationality Law of the People’s Republic of China in the Maca o Special Administrative Region)中华人民共和国证券法 (Securities Law of the People’s Republic of China)全国人民代表大会常务委员会关于惩治骗购外汇、逃汇和非法买卖外汇犯罪的决定(Decision of the Standing Committee of the National People’s Congress on the Punishment of Cri mes of Purchase of Foreign Currencies by Deceitful Means, Foreign Exchange Evasion and Illegal Buying and Selling of Foreign Currencies)中华人民共和国土地管理法实施条例(Regulations on the Implementation of the Land Administration Law of the People’s Republic of China (1998))基本农田保护条例(Regulations on the Protection of Basic Farmland (1998))上海市政府采购管理办法 (Procedures of Shanghai Municipality on the Administration of Government Purchasing )上海市产权交易管理办法(Procedures of Shanghai Municipality on the Administration of Transactions in Property Rights ) 国务院关于建立城镇职工基本医疗保险制度的决定 (The Decision of the State Council on Setting up Basic Medical Insurance System for Staff Me mbers and Workers in Cities and Towns)上海市海塘管理办法 (Procedures of Shanghai Municipality on the Administration of Seawalls )上海市门弄号管理办法 (Procedures of Shanghai Municipality on the Administration of House and Lane Numbers )国务院关于1993年12月31日前批准设立的外商投资企业有关税收政策问题的批复 (Official Written Reply of the State Council to Subordinates on Problems of Tax Collection Pol icy on Enterprises with Foreign Investment the Establishment of which was Approved before Dec ember )(Interim Procedures for the Experiment of Travel Services with Chinese and Foreign Investments)建设项目环境保护管理条例(Regulations on the Administration of Construction Project Environmental Protection)国内交通卫生检疫条例 (Regulations on Domestic Communications Health Quarantine)上海市产品准产证管理办法 (Procedures of Shanghai Municipality on the Administration of Production Permit )上海市居民同外国人、华侨、香港特别行政区居民、澳门地区居民、台湾地区居民婚姻登记和婚姻咨询管理若干规定 (Provisions of Shanghai Municipality on the Administration of Matrimonial Registration and C onsultation for Its Residents with Foreigners, Overseas Chinese, the Residents in Hongkong Speci al Administrative Area, and the Residents in Macao and Taiwan )全国人民代表大会常务委员会关于补选出缺的香港特别行政区第九届全国人民代表大会代表的决定 (Decision of the Standing Committee of the National People’s Congress on by-Election to Fill t he V acancies of Delegates to the 9th National People’s Congress from the Hong Kong Special Ad ministrative Region)民办非企业单位登记管理暂行条例(Provisional Regulations for the Registration Administration of People-Run non-Enterprise Units)中华人民共和国文化部和爱沙尼亚共和国文化部１９９８－２０００年文化交流计划 (CULTURAL EXCHANGE PROGRAM BETWEEN THE MINISTRY OF CULTURE OF TH E PEOPLES REPUBLIC OF CHINA AND THE MINISTRY OF CULTURE OF THE REPUBLI C OF ESTONIA FOR THE YEARS 1998-2000)国务院办公厅关于加强对外商投资企业升挂和使用国旗管理的通知 (the Management of the Hoisting and Use of National Flag by Enterprises with Foreign Invest ment)上海市城镇企业退休人员门诊急诊医疗保险暂行办法 (Interim Procedures of Shanghai Municipality on Medical Insurance on Outpatient and Emerge ncy Treatment for Retired Persons in Town Enterprises )关于赋予私营生产企业和科研院所自营进出口权的暂行规定 (Interim Provisions for the Granting of Rights of Self-Managed Import and Export to Privately-Owned Production Enterprises and Scientific Research Academies and Institutes)上海市地名管理条例 (Regulations of Shanghai Municipality on Place-name Administration )中华人民共和国文化部和立陶宛共和国文化部１９９８、１９９９、２０００年文化交流计划(CULTURAL EXCHANGE PROGRAMME FOR 1998, 1999, 2000 BETWEEN THE MINISTR Y OF CULTURE OF THE PEOPLE'S REPUBLIC OF CHINA AND THE MINISTRY OF CULT URE OF THE REPUBLIC OF LITHUANIA)中华人民共和国政府和秘鲁共和国政府海运协定(AGREEMENT ON MARITIME TRANSPORT BETWEEN THE GOVERNMENT OF THEPEO PLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF PERU)中华人民共和国高等教育法 (Higher Education Law of the People’s Republic of China)国务院关于进一步整顿和规范期货市场的通知 (Circular of the State Council Concerning the Further Consolidation and Standardization of Fut ures Markets)上海市房地产登记资料查阅暂行规定 (Interim Provisions of Shanghai Municipality on Inquiry of Real Estate Registration Materials )城市房地产开发经营管理条例(Regulations on Urban Real Estate Development and Management Control)中华人民共和国政府和圭亚那合作共和国政府关于互免公务旅行签证协定(AGREEMENT ON THE MUTUAL EXEMPTION OF VISAS FOR OFFICIAL TOUR BETWE EN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERN- M ENT OF THE COOPERA TIVE REPUBLIC OF GUY ANA)非法金融机构和非法金融业务活动取缔办法 (Measures for the Banning of Illegal Financial Institutions and Illegal Financial Business Opera tions)上海市文化教育事业建设费征收办法 (Procedures of Shanghai Municipality on Collecting the Construction Dues for Cultural and Ed ucational Undertakings )上海市陆家嘴金融贸易中心区综合管理暂行规定(Interim Provisions of Shanghai Municipality on the Comprehensive Administration of Lujiazui Fi nance and Trade Center Zone )国务院办公厅关于清理整顿非试点外商投资商业企业情况的通知(Circular of the General Office of the State Council Concerning the State of Sorting out and Conso lidation of Non-experimental Foreign Business Invested Commercial Enterprises)中华人民共和国政府与美利坚合众国政府关于在中国实施美国志愿者项目的协议(AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STA TES OF AMERICA A ND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING THE U NITED STA TES VOLUNTEER PROGRAM IN CHINA)中华人民共和国执业医师法(Law of the People’s Republic of China on Medical Practitioners)中华人民共和国专属经济区和大陆架法 (Law of the People’s Republic of China on the Exclusive Economic Zone and the Continental S helf)中华人民共和国专属经济区和大陆架法(1998) (Law on the Exclusive Economic Zone and the Continental Shelf of the People's Republic of China)中共中央办公厅、国务院办公厅关于转发《财政部、国家发展计划委员会、监察部、公安部、最高人民检察院、最高人民法院、国家工商行政管理局关于加强公安、检察院、法院和工商行政管理部门行政性收费和罚没收入收支两条线管理工作的规定》的通知(Circular of the General Office of the Chinese Communist Party Central Committee and the Gener al Office of the State Council Concerning Transmitting Provisions of the Ministry of Finance, the Development Planning Commission, the Ministry of Supervision, the Ministry of Public Security, the Supreme Peo ple’s Procuratorate, the Supreme People’s Court and the State Administration for Industry and Commerce on Strengthening the Administration of Administrative Charges and Inco mes From Fines and Confi)关于安巴在香港设立总领事馆协议备案函 (EMBASSY OF ANTIGUA AND BARBUDA)中华人民共和国核两用品及相关技术出口管制条例(Regulations of the People’s Republic of China for Export Control on Nuclear Dual-purpose Good s and Related Technologies)国务院办公厅转发科学技术部卫生部《人类遗传资源管理暂行办法》的通知 (Interim Procedures for Human Genetic Resources Management)中华人民共和国政府和意大利共和国政府科学技术合作协定(AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE ITALIAN REPUBLIC ON SCIENTIFIC AND TECHNOL O- GICAL CO-OPERA TION)上海市养老机构管理办法 (Procedures Of Shanghai Municipality On Managing Old-Age Care Institutions )上海市印章刻制业治安管理办法 (Procedures of Shanghai Municipality on the Administration of Chop and Seal Engraving Busi ness for Public Security Purpose )国务院关于在国有中小企业和集体企业改制过程中加强金融债权管理的通知 (Circular of the State Council Concerning Strengthening the Administration of Financial Credit or’s Rights in the Structural Reform of Medium- and Small-sized State-owned Enterprises and Col lective Enterprises)国务院办公厅转发民政部关于进一步加强公墓管理意见的通知 (Circular of the General Office of the State Council Concerning Transmitting Suggestions Sub mitted by the Ministry of Civil Affairs on Further Strengthening the Management of Cemeteries)中华人民共和国政府和苏里南共和国政府贸易协定 (TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME)中华人民共和国政府和国际清算银行关于国际清算银行在中华人民共和国香港特别行政区设立代表处和代表处地位的东道国协定(HOST COUNTRY AGREEMENT BETWEEN THE BANK FOR INTERNA TIONAL SETTLE- MENTS AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA RELA TING T O THE ESTABLISHMENT AND STA TUS OF A REPRESENTA TIVE OFFICE OF THE BANK FOR INTERNA TIONAL SETTLEMENTS IN THE HONG KONG SPECIAL ADMINISTRA TIV E REGION OF THE PEOPLE'S REPUBLIC OF CHINA)中华人民共和国消防法 (Fire Prevention Law of the People’s Republic of China)中华人民共和国森林法 (1998)(Forest Law of the People's Republic of China(1998))中华人民共和国消防法(1998)(Control Law of the People's Republic of China (another version))上海市教学成果奖励办法 (Procedures of Shanghai Municipality on Incentives for Teaching Achievements )中华人民共和国政府和葡萄牙共和国政府关于对所得避免双重征税和防止偷漏税的协定(AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE PORTUGUESE REPUBLIC FOR THE A VOIDANCE OF DOUBLE TAXA TION AND THE PREVENTION OF FISCAL EV ASION WITH RESPECT TO TAXES ON INCOME)国务院关于禁止传销经营活动的通知 (Circular of the State Council Concerning the Banning of Operational Activities of Pyramid Sal es)中华人民共和国政府和坦桑尼亚联合共和国政府关于坦桑尼亚联合共和国在中华人民共和国香港特别行政区设立名誉领事馆的协定(AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA ON THE ESTABLI SH- MENT OF AN HONORARY CONSULA TE BY THE UNITED REPUBLIC OF TANZANIA IN THE HONG KONG SPECIAL ADMINISTRA TIVE REGION OF THE PEOPLE'S REPUBLI C OF CHINA)企业法人法定代表人登记管理规定 (Rules for the Registration Administration of Legal Representatives of Legal Entities)国务院关于机构设置的通知 (Circular of the State Council Concerning Organizational Structure)国务院关于部委管理的国家局设置的通知(Circular of the State Council Concerning the Organizational Structure of State Bureaux (Administ rations) under the Management of Ministries and Commissions)国务院关于议事协调机构和临时机构设置的通知 (Circular of the State Council Concerning the Organizational Structure of Advisory and Coordi nating Organs and Provisional Organs)国务院办公厅关于部委联系公司的通知(Circular of the General Office of the State Council Concerning Maintaining Contact With Compa nies by Ministries and Commissions)国务院关于加强依法治税严格税收管理权限的通知 (Circular of the State Council Concerning Strengthening Tax Administration by Law and Reaffi rming Taxation Powers)国务院关于进一步加强麻黄素管理的通知 (Circular of the State Council Concerning Further Strengthening Ephedrine Control)第九届全国人民代表大会第一次会议关于国务院机构改革方案的决定附：国务院机构改革方案 (Decision of the First Session of the Ninth National People’s Congress Regarding the State Cou ncil’s Institutional Restructuring Plan)矿产资源勘查区块登记管理办法 (Measures for the Area Registration Administration of Mineral Resources Exploration and Surv ey )矿产资源开采登记管理办法(Measures for the Registration Administration of Mineral Resources Exploitation)探矿权采矿权转让管理办法 (Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right)中华人民共和国政府和缅甸联邦政府关于互免持外交和公务（官员）护照者签证协定(AGREEMENT ON MUTUAL EXEMPTION ON VISAS BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNION OF MY ANMAR FOR HOLDERS OF DIPLOMA TIC OR SERVICE (OFFICIAL) PASSPORTS)国务院关于酸雨控制区和二氧化硫污染控制区有关问题的批复通知 (Official Reply of the State Council Concerning Acid Rain Control Areas and Sulphur Dioxide Pollution Control Areas)当前国家重点鼓励发展的产业、产品和技术目录 (Current Catalogue of Key Industries, Products and Technologies the Development of Which Is Encouraged by the State (Provisional))外商投资产业指导目录 (Catalogue for the Guidance of Foreign Investment Industries)上海市宗教印制品管理办法 (Procedures of Shanghai Municipality on the Administration of Religious Presswork )中华人民共和国防震减灾法 (THE Law of the People’s Republic of China on Precautions Against Earthquake and Relief of Disaster)国务院关于调整进口设备税收政策的通知 (Circular of the State Council Concerning the Adjustment in the Taxation Policy of Import Equi pment)中华人民共和国价格法 (Price Law of the People’s Republic of China)中华人民共和国献血法 (Blood Donation Law of the People’s Republic of China)中华人民共和国防震减灾法(1997)(Law of the People's Republic of China on Protecting Against and Mitigating Earthquake D isasters)证券、期货投资咨询管理暂行办法 (Interim Measures for the Administration of Securities and Futures Investment Consultancy)计算机信息网络国际联网安全保护管理办法 (Measures for Security Protection Administration of the International Networking of Computer Information Networks)国务院关于香港特别行政区简称及在全国行政区划中排列顺序的通知 (Circular of the State Council Concerning the Abbreviation of the Hong Kong Special Administ rative Region and Its Place in the Order of Precedence in the National Administrative Division)上海市地下铁道管理条例(Regulations of Shanghai Municipality on the Underground Railway Administration )上海市特种行业和公共场所治安管理条例(Regulations of Shanghai Municipality on the Administration of Peace and Order in Special Trade s and Public Places )证券交易所管理办法(Measures for the Administration of Stock Exchanges)国务院关于发布芦芽山等国家级自然保护区名单的通知 (Circular of the State Council Concerning the Promulgation of the List of Luyashan Mountain National Nature Reserve and Other National Nature Reserves)上海市危棚简屋改造地块居住房屋拆迁补偿安置试行办法 (Procedures of Shanghai Municipality on Compensation and Resettlement for Demolition and Relocation of Residential Houses on Land-Plots Clustered With Shaky Sheds and Crude Shacks D esignated to be Reconstructed (for Trial Implementation) )关于下发不征收营业税的收费（基金）项目名单（第二批）的通知 (Circular on Issuing the Second List of Items for the Collection of Fees(funds) Exempt From B usiness Tax)上海市商业连锁企业若干规定 (Provisions of Shanghai Municipality on Commercial Chain Enterprises )中华人民共和国合伙企业登记管理办法 (Measures of the People’s Republic of China for the Administration of Partnership Enterprise R egistration)罚款决定与罚款收缴分离实施办法(Measures for the Implementation of Separation of Penalty Decisions From Collection of Penalty Payments )罚款决定与罚款收缴分离实施办法 (Implementing Measures on Separation of Fine Decisions from Fine Collections)上海市机动车维修和检测管理办法 (Procedures of Shanghai Municipality on the Administration of Motor V ehicle )上海市人民广场地区综合管理暂行规定 (Interim Provisions of Shanghai Municipality on the Comprehensive Administration of the Peo ple's Square Area)证券投资基金管理暂行办法(Interim Measures for the Administration of Securities Investment Funds)国有独资商业银行监事会暂行规定 (Interim Provisions on Boards of Supervisors in Solely State-owned Commercial Banks) (Regulations of Shanghai Municipality on the Administration of Waters )中华人民共和国建筑法(Construction Law of the People’s Republic of China)中华人民共和国节约能源法 (Energy Conservation Law of the People’s Republic of China)中华人民共和国节约能源法(1997)(Law of the People's Republic of China on Conserving Energy (another version))中华人民共和国建筑法(1997)(Construction Law of the People's Republic of China)水利产业政策(Water Conservancy Industrial Policy)国务院办公厅关于尽快落实《刑事诉讼法》有关条款规定的通知(Circular of the General Office of the State Council Concerning the Implementation at an Early Da te of the Provisions of Relevant Clauses of the Criminal Procedure Law)中华人民共和国军品出口管理条例(Regulations of the People’s Republic of China Governing Export Control of Military Goods)中华人民共和国审计法实施条例 (Regulations for the Implementation of the Audit Law of the People’s Republic of China)国务院关于地方税务机构管理体制问题的通知 (Circular of the State Council Concerning the Question of Local Tax Authorities Management System)中华人民共和国民用航空器国籍登记条例(Regulations of the People’s Republic of China on the Nationality Registration of Civil Aircraft)中华人民共和国民用航空器权利登记条例 (Regulations of the People’s Republic of China on Civil Aircraft Rights Registration)中华人民共和国民用航空器权利登记条例(1997)(Regulations of the People’s Republic of China on Registration of Rights in Civil Aircraft(a nother version))上海市酒类商品产销管理条例(Regulations of Shanghai Municipalityon the Administration of Production and Marketing of Win e Commodities )上海市实施《中华人民共和国教师法》办法(Procedures of Shanghai Municipality for the Implementation of Teachers Law of the Poeple's Re public of China)上海市建筑市场管理条例 (Regulations of Shanghai Municipality on the Administration of Construction Market )上海市水路运输管理条例(Regulations of Shanghai Municipality on Administration of Waterway Transportation )《中外合资经营企业合营各方出资的若干规定》的补充规定 (Supplementary Provisions to Several Provisions Concerning the Investment Made by the V ari ous Parties to Chinese-foreign Equity Joint V entures)上海市公共文化馆管理办法 (Procedures of Shanghai Municipalityon the Administration of Public Cultural Centers )中华人民共和国核出口管制条例(Regulations of the People’s Republic of China on Nuclear Export Control)中华人民共和国防洪法 (Flood Control Law of the People’s Republic of China)中华人民共和国防洪法(1998)(Flood Control of The People's Republic of China (another version))票据管理实施办法(Measures for the Implementation of Administration of Negotiable Instruments)上海市劳动保护监察条例(Regulations of Shanghai Municipality on the Supervision of Labor Protection )上海市殡葬管理条例(Regulations of Shanghai Municipality on the Administration of Funeral and Interment )广播电视管理条例(Regulations on Broadcasting and Television Administration)营业性演出管理条例 (Regulations Governing Performances for Business)上海市电影发行放映管理办法 (Procedures of Shanghai Municipality on the Administration of Release and Showing of Film )国务院行政机构设置和编制管理条例 (Regulations on Administration of the Establishment and Staffing of the Administrative Agenci es of the State Council)保税区海关监管办法 (Measures for Customs Supervision and Control of the Bonded Areas)上海市旧机动车交易管理规定 (Provisions of Shanghai Municipality on the Administration of Used Motor V ehicle Trading )社会力量办学条例 (Regulations on the Running of Educational Institutions With Social Resources)国务院办公厅关于对在我国境内举办对外经济技术展览会加强管理的通知(Circular of the General Office of the State Council Concerning Strengthening the Administration of Holding of Foreign Economic and Technological Exhibitions Within the Territory of China)殡葬管理条例(Regulations on Funeral and Interment Control)国务院批转国家计委等部门关于进一步加强汽车工业项目管理意见的通知 (Circular of the State Council on the Approval and Transmission of the Suggestions Concernin g Further Strengthening Project Management of the Automotive Industry of the State Planning Co mmission and Other Departments)文化事业建设费征收管理暂行办法 (Interim Measures for the Administration of the Levying of Construction Fee for Cultural Unde rtakings)中华人民共和国契税暂行条例 (Provisional Regulations of the People’s Republic of China on Deed Tax)上海市升挂使用国旗管理办法 (Procedures of Shanghai Municipality on Displaying and Using the National Flag )上海市技术市场条例（修正）(Regulations of Shanghai Municipality on Technology Market )全国人民代表大会常务委员会关于批准全国人民代表大会香港特别行政区筹备委员会结束工作的建议的决定 (Decision of the Standing Committee of the National People’s Congress Concerning Approval of the Suggestion on the Conclusion of the Work of the Preparatory Committee of the Hongkong S pecial Administrative Region of the National People’s Congress)中华人民共和国公路法 (Highway Law of the People’s Republic of China )中华人民共和国烟草专卖法实施条例 (Regulations for the Implementation of the Law of the People’s Republic of China on Tobacco Monopoly)中华人民共和国动物防疫法(Animal Epidemic Prevention Law of the People’s Republic of China)全国人民代表大会常务委员会关于《中华人民共和国香港特别行政区基本法》附件三所列全国性法律增减的决定 (Decision of the Standing Committee of the National People’s Congress Concerning Addition a nd Deletion of National Laws in Annex Iii to the Basic Law of the Hong Kong Special Administra tive Region of the People’s Republic of China)中华人民共和国香港特别行政区行政区域图(THE Maps of the Hong Kong Special Administrative Region of the People’s Republic of China)中国公民自费出国旅游管理暂行办法(Interim Measures for the Administration of Chinese Citizens Going Abroad on Tours at Own Exp enses。
英文设计合同
英文设计合同篇一：设计公司英文合同ContractParty A:Party B:According to the Contract Law of People’s Republic of China as well as other relevant laws and regulations, through friendly negotiation, Party A and Party B entrusted to undertake design, and reached the following agreement:1. CommitmentParty A entrusted Party B _________________________________________________________________________________________________ _________________. Draft design period ___ working days2. Design FeeTotal design fee: RMB3. Payment:a. Party A should pay 60% of total designing fee once signing the contract,RMB.b. After confirming the designing schedule and style, and when in need ofadjusting on electric designs, Party A should pay 30% of total design fee, RMBc. After fixing the complete designing schedule, Party A should pay thebalance of the design fee, RMB, Party B should hand over the printing CD after receiving the balance of payment.4. Period and means of delivery of the design plan.a. Party B must complete the draft of design within the time agreed by thetwo parties. If party B can not complete on time due to reduplicative changes from Party A, the delivery time can be put off. To ensure the smooth cooperation, Party A must confirm or make suggestion within three working days after receipt of the design from Party B, Party B should not exceed five working days to feedback the suggestion.b. Party A should supply the necessary designing information within 20working days after signing of the contract. AsParty A (not supply complete information and so on) make the design delayed, if delayed time more than three months (subject to the date of contract), Party A should pay the balance design fee, Party B will carry on making the design. If more than six months, this contract will automatically be terminated. Party B will supply the original CD. If Party A still need Party B to make the design, Party A should pay anther palette and design fee.c. After the final confirmation of the design, Party B should supply thecolored prints and electronic documents.d. Party A should bear the actual cost if needs the printing sample.5. Intellectual Property.a. Before Party A pay off all the design fee, Party B own the copyright,Party A can not use this design, and have no any right of this works.b. Party A have the right to sign the Copyright Transfer Contract, to havethe proprietary rights, rights of use andalterations after paying off the payment. Copyright of design not used by Party A still belongs to Party B, Party A do not have any right for this.c. After the final confirmation by Party A, if as the changes of Party A’scompany name or commodity name to change the design plan or have all different idea with the original plan, it should be as new plan, and PartyA should pay the balance fee, and sign new contract, PartyB will make new design plan.d. After paying off, Party B can not alter the design and give any othercompany.6. Responsibility and authoritya. Responsibility of Party A(1) Party A should try their best to supply the information for thisdesign.(2) Once finding the mistake, oversight or disagreement with thecontract, Party A should inform Party B in writing timely, and PartyB should make amendment in time.(3) Party A should abide by the payment terms in the contract.(4) Party A should make the confirmation for all the documents andthings that need confirmed timely.(5) Party A have the right to give a suggestion for Party B’s design andmake the works accords with the enterprise culture.b. Responsibility of Party B(1) Party B must make the plan and creative design according to therequirement in the contract made by Party A, and make full use ofspecialized knowledge and experience, to supply first design andservice to Party A.(2) Party B should supply all the design documents, making sizes anddesigns of every period according to the all requirement of thecontract and appendix, and complete the design.(3) Party B should make the design according to the things thatconfirmed by Party A critically.(4) Party B should make the design creation as the requirement of PartyA and supply the satisfied works.7. Breach of Dutya. Party A to terminate the contract before draft design completed, Party Bwill not return the deposit. Party A to terminate the contract after the final design, they should pay all the fees.b. Party B to terminate the contract without cause, to return all the fees toParty A.8. The two copies of the both signed contract, the two sides an armed, andhave the equal legal effect.The design time begins after the contract signed and received the deposit.Party A Signature (seal):Party B Signature (seal):Address: Address:Tel:Date:Tel: Date篇二：项目设计合同(中英文对照)项目设计合同（中英文对照）（上） (XX-6-17 18:57:52) 分类：合同范本标签：房产项目项目设计房产设计景观设计别墅设计会所设计概念设计初步设计设计合同合同范本 |PROJECT DESIGN AGREEMENT项目设计合同Agreement made as of:×××协议签订日期：××××年××月×日Between The Client: ×××(PARTY Ａ) 业主：上海××开发有限公司（“甲方”）And The Design Consultant: ×××(PARTY B)设计顾问：×××(“乙方”)For the following project: ×××PROJECT (the Project)项目名称：×××项目(“项目”)Project Description:项目概况：×××Project (“the Project”) consists of 3 land Zones with ×××m2 Zone A, ×××m2 Zone B and ×××m2 Zone D which are located on West Side to ×××Road, Shanghai City, China. Zone A will be developed as a luxury residential area, Zone B will be developed as beach-front luxury commercial properties such as shops and restaurants , and Zone D will be a club house, a golf driving range and landscaped garden. In addition, ×××m2 Zone C may be used for the further development of the Project. The details are shown in attachment 1 of the Agreement.×××项目(“项目”)由坐落于中国上海市×××路的×××平方米的A区、×××平方米的B区以及×××平方米的D区三个区域组成。
最新劳动合同法中英文对照版
劳动合同法中英文对照版中华人民共和国劳动合同法Labor Contract Law of the People’s Republic of China（2007年6月29日第十届全国人民代表大会常务委员会第二十八次会议通过）(Adopted at the 28th Session of Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007)目录（Content）第一章总则Chapter I General Provisions第二章劳动合同的订立Chapter II Formation of Labor Contracts第三章劳动合同的履行和变更Chapter III Fulfillment and Change of Labor Contracts第四章劳动合同的解除和终止Chapter IV Dissolution and Termination of Labor Contracts第五章特别规定Chapter V Special Provisions第一节集体合同Section 1 Collective Contract第二节劳务派遣Section 2 Worker Dispatch第三节非全日制用工Section 3 Part-time Employment第六章监督检查Chapter VI Supervision and Inspection第七章法律责任Chapter VII Legal Liabilities第八章附则Chapter VIII Supplementary Provisions第一章总则Chapter I General Provisions第一条为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。
Contract Law of the People
Contract Law of the People's Republic of ChinaGENERAL PROVISIONSCHAPTER 1 GENERAL PROVISIONSCHAPTER 2 CONCLUSION OF CONTRACTSCHAPTER 3 EFFECTIVENESS OF CONTRACTSCHAPTER 4 PERFORMANCE OF CONTRACTSCHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTSCHAPTER 6 TERMINATION OF THE RIGHTS AND OBLIGATIONS OF CONTRACTS CHAPTER 7 LIABILITY FOR BREACH OF CONTRACTSCHAPTER 8 MISCELLANEOUS PROVISIONSSPECIFIC PROVISIONSCHAPTER 9 CONTRACTS FOR SALESCHAPTER 10 CONTRACTS FOR SUPPLY AND USE OF ELECTRICITY, WATER, GAS OR HEATING CHAPTER 11 CONTRACTS FOR DONATIONCHAPTER 12 CONTRACTS FOR LOANSCHAPTER 13 CONTRACTS FOR LEASECHAPTER 14 CONTRACTS FOR FINANCIAL LEASECHAPTER 15 CONTRACTS FOR WORKCHAPTER 16 CONTRACTS FOR CONSTRUCTION PROJECTSCHAPTER 17 CONTRACTS FOR TRANSPORTATIONSECTION 1 GENERAL RULESSECTION 2 CONTRACTS FOR PASSENGER TRANSPORTATIONSECTION 3 CONTRACTS FOR GOODS TRANSPORTATIONSECTION 4 CONTRACTS FOR MULTI-MODAL TRANSPORTATIONCHAPTER 18 CONTRACTS FOR TECHNOLOGYSECTION 1 GENERAL RULESSECTION 2 CONTRACTS FOR TECHNOLOGY DEVELOPMENTSECTION 3 CONTRACTS FOR TECHNOLOGY TRANSFERSECTION 4 CONTRACTS FOR TECHNICAL CONSULTANCY AND TECHNICAL SERVICE CHAPTER 19 CONTRACTS FOR STORAGECHAPTER 20 CONTRACTS FOR WAREHOUSINGCHAPTER 21 CONTRACTS FOR COMMISSIONCHAPTER 22 CONTRACTS FOR BROKERAGECHAPTER 23 CONTRACTS FOR INTERMEDIATIONSUPPLEMENTARY PROVISIONSArticle 1 This Law is formulated with a view to protecting the lawful rights and interests of the parties to contracts, maintaining the social economic order and promoting the progress of the socialist modernization drive.Article 2 A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations.Agreements involving personal status relationship such as on matrimony, adoption, guardianship, etc. shall apply the provisions of other Laws.Article 3 The parties to a contract shall have equal legal status. No party may impose its will on the other party.Article 4 The parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere.Article 5 The parties shall abide by the principle of fairness in defining the rights and obligations of each party.Article 6 The parties must act in accordance with the principle of good faith, no matter in exercising rights or in performing obligations.Article 7 In concluding and performing a contract, the parties shall abide by the laws and administrative regulations, observe social ethics. Neither party may disrupt the socio-economic order or damage the public interests.Article 8 As soon as a contract is established in accordance with the law, it shall be legally binding on the parties. The parties shall perform their respectiveobligations in accordance with the terms of the contract. Neither party may unilaterally modify or rescind the contract.The contract established according to law shall be under the protection of law.CHAPTER 2 CONCLUSION OF CONTRACTSArticle 9 In concluding a contract, the parties shall have appropriate civil capacity of right and civil capacity of conduct.The parties may conclude a contract through an agent in accordance with the law.Article 10 The parties may conclude a contract in written, oral or other forms.Where the laws or administrative regulations require a contract to be concluded in written form, the contract shall be in written form. If the parties agree to do so, the contract shall be concluded in written form.Article 11 The written forms mean the forms which can show the described contents visibly, such as a written contractual agreement, letters, and data-telex (including telegram, telex, fax, EDI and e-mails).Article 12 The contents of a contract shall be agreed upon by the parties, and shall contain the following clauses in general:(1) title or name and domicile of the parties;(2) contract object;(3) quantity;(4) quality;(5) price or remuneration;(6) time limit, place and method of performance;(7) liability for breach of contract; and(8) methods to settle disputes.The parties may conclude a contract by reference to the model text of each kind of contract.Article 13 The parties shall conclude a contract in the form of an offer and acceptance.Article 14 An offer is a proposal hoping to enter into a contract with other parties. The proposal shall comply with the following stipulations:(1) Its contents shall be detailed and definite;(2) It indicates the proposal of the offeror to be bound in case of acceptance.Article 15 An invitation for offer is a proposal for requesting other parties to make offers to the principal. Price forms mailed, public notices of auction and tender, prospectuses and commercial advertisements, etc. are invitations for offer.Where the contents of a commercial advertisement comply with the terms of the offer, it may be regarded as an offer.Article 16 An offer becomes effective when it reaches the offeree.If a contract is concluded by means of data-telex, and a recipient appoints a specific system to receive the data-telex, the time when the data-telex enters the system shall be the time of arrival; if no specific system is appointed, the time when the data-telexfirst enters any of the recipient's systems shall be regarded as the time of arrival.Article 17 An offer may be withdrawn, if the withdrawal notice reaches the offeree before or at the same time when the offer arrives.Article 18 An offer may be revoked, if the revocation reaches the offeree before it has dispatched an acceptance.Article 19 An offer may not be revoked, if(1) the offeror indicates a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; or(2) the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contract.Article 20 An offer shall be null and void under any of the following circumstances:(1) The notice of rejection reaches the offeror;(2) The offeror revokes its offer in accordance with the law;(3) The offeree fails to make an acceptance at the time when the time limit for acceptance expires;(4) The offeree substantially alters the contents of the offer.Article 21 An acceptance is a statement made by the offeree indicating assent to an offer.Article 22 Except that it is based on transaction practices or that the offer indicates an acceptance may be made by performing an act, the acceptance shall be made by meansof notice.Article 23 An acceptance shall reach the offeror within the time limit fixed in the offer.Where no time limit is fixed in the offer, the acceptance shall arrive in accordance with the following provisions:(1) If the offer is made in dialogues, the acceptance shall be made immediately except as otherwise agreed upon by the parties;(2) If the offer is made in forms other than a dialogue, the acceptance shall arrive within a reasonable period of time.Article 24 Where the offer is made in a letter or a telegram, the time limit for acceptance commences from the date shown in the letter or from the moment the telegram is handed in for dispatch. If no such date is shown in the letter, it commences from the date shown on the envelope. Where an offer is made by means of instantaneous communication, such as telephone or facsimile, the time limit for acceptance commences from the moment that the offer reaches the offeree.Article 25 A contract is established when the acceptance becomes effective.Article 26 An acceptance becomes effective when its notice reaches the offeror. If an acceptance needn't be notified, it becomes effective when an act of acceptance is performed in accordance with transaction practices or as required in the offer.Where a contract is concluded in the form of data-telex, the time when an acceptance arrives shall apply the provisions of Paragraph 2, Article 16 of this Law.Article 27 An acceptance may be withdrawn, but a notice of withdrawal shall reach theofferor before the notice of acceptance reaches the offeror or at the same time when the acceptance reaches the offeror.Article 28 Where an offeree makes an acceptance beyond the time limit for acceptance, the acceptance shall be a new offer except that the offeror informs the offeree of the effectiveness of the said acceptance promptly.Article 29 If the offeree dispatches the acceptance within the time limit for acceptance which can reach the offeror in due time under normal circumstances, but the acceptance reaches the offeror beyond the time limit because of other reasons, the acceptance shall be effective, except that, the offeror informs the offeree promptly that it does not accept the acceptance because it exceeds the time limit for acceptance.Article 30 The contents of an acceptance shall comply with those of the offer. If the offeree substantially modifies the contents of the offer, it shall constitute a new offer. The modification relating to the contract object, quality, quantity, price or remuneration, time or place or method of performance, liabilities for breach of contract and the settlement of disputes, etc., shall constitute the substantial modification of an offer.Article 31 If the acceptance does not substantially modifies the contents of the offer, it shall be effective, and the contents of the contract shall be subject to those of the acceptance, except as rejected promptly by the offeror or indicated in the offer that an acceptance may not modify the offer at all.Article 32 Where the parties conclude a contract in written form, the contract is established when both parties sign or affix a seal on it.Article 33 Where the parties conclude the contract in the form of a letter or data-telex, etc., one party may request to sign a letter of confirmation before the conclusion ofthe contract. The contract shall be established at the time when the letter of confirmation is signed.Article 34 The place of effectiveness of an acceptance shall be the place of the establishment of the contract.If the contract is concluded in the form of data-telex, the main business place of the receipient shall be the place of establishment. If no main business place, its habitual residence shall be considered to be the place of establishment. Where the parties agree otherwise, the place of establishment shall be subject to that agreement.Article 35 Where the parties conclude a contract in written form, the place where both parties sign or affix a seal shall be the place where the contract is established.Article 36 A contract, which shall be concluded in written form as provided for by the laws and administrative regulations or as agreed upon by the parties, shall be established, as the parties do not use the written form, but one party has performed the principal obligation and the other party has received it.Article 37 A contract, which is concluded in written form, shall be eslablished, if one party has performed its principal obligation and the other party has received it before signiture or affixing with a seal.Article 38 In case the State issues a mandatory plan or a State purchasing order task based on necessity, the relevant legal persons or other organizations shall conclude contracts between them in accordance with the rights and obligations as stipulated by the relevant laws and administrative regulations.Article 39 Where standard terms are adopted in concluding a contract, the party which supplies the standard terms shall define the rights and obligations between the parties abiding by the principle of fairness, request the other party to note the exclusionor restriction of its liabilities in reasonable ways, and explain the standard terms according to the requirement of the other party.Standard terms are clauses which are prepared in advance for general and repeated use by one party and which are not negotiatied with the other party in concluding a contract.Article 40 When standard terms are under the circumstances stipulated in Article 52 and Article 53 of this Law, or the party which supplies the standard terms exempts itself from its liabilities, weights the liabilities of the other party, and excludes the rights of the other party, the terms shall be null and void.Article 41 If a dispute over the understanding of the standard terms occurs, it shall be interpreted according to general understanding. Where there are two or more kinds of interpretation, an interpretation unfavourable to the party supplying the standard terms shall be preferred. Where the standard terms are inconsistent with non-standard terms, the latter shall be adopted.Article 42 The party shall be liable for damages if it is under one of the following circumstances in concluding a contract and thus causing losses to the other party:(1) disguising and pretending to conclude a contract, and negotiating in bad faith;(2) concealing deliberately the important facts relating to the conclusion of the contract or providing deliberately false information;(3) performing other acts which violate the principle of good faith.Article 43 A business secret the parties learn in concluding a contract shall not be disclosed or unfairly used, no matter the contract is established or not. The party who causes the other party to suffer from losses due to disclosing or unfairly usingthe business secret shall be liable for damages.CHAPTER 3 EFFECTIVENESS OF CONTRACTSArticle 44 The contract established according to law becomes effective when it is established.With regard to contracts which are subject to approval or registration as provided for by the laws or administrative regulations, the provisions thereof shall be followed.Article 45 The parties may agree on some collateral conditions relating to the effectiveness of a contract. The contract with entry-into-force conditions shall be effective when such conditions are accomplished. The contract with dissolving conditions shall be null and void when such conditions are accomplished.To unfairly prevent the conditions from being accomplished by one party for its own interests shall be regarded as those conditions have been accomplished. To unfairly promoting the accomplishment of such conditions by one party shall be regarded as non-accomplishment.Article 46 The parties may agree on a conditional time period as to the effectiveness of the contract. A contract subject to an effective time period shall come into force when the period expires. A contract with termination time period shall become invalid when the period expires.Article 47 A contract concluded by a person with limited civil capacity of conduct shall be effective after being ratified afterwards by the person's statutory agent, but a pure profit-making contract or a contract concluded which is appropriate to the person's age, intelligence or mental health conditions need not be ratified by the person's statutory agent.The counterpart may urge the statutory agent to ratify the contract within one month. It shall be regarded as a refusal of ratification that the statutory agent does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice.Article 48 A contract concluded by an actor who has no power of agency, who oversteps the power of agency, or whose power of agency has expired and yet concludes it on behalf of the principal, shall have no legally binding force on the principal without ratification by the principal, and the actor shall be held liable.The counterpart may urge the principal to ratify it within one month. It shall be regarded as a refusal of ratification that the principal does not make any expression. A bona fide counterpart has the right to withdraw it before the contract is ratified. The withdrawal shall be made by means of notice.Article 49 If an actor has no power of agency, oversteps the power of agency, or the power of agency has expired and yet concludes a contract in the principal's name, and the counterpart has reasons to trust that the actor has the power of agency, the act of agency shall be effective.Article 50 Where a statutory representative or a responsible person of a legal person or other organization oversteps his/her power and concludes a contract, the representative act shall be effective except that the counterpart knows or ought to know that he/she is overstepping his/her powers.Article 51 Where a person having no right to disposal of property disposes of other persons' properties, and the principal ratifies the act afterwards or the person without power of disposal has obtained the power after concluding a contract, the contract shall be valid.Article 52 A contract shall be null and void under any of the following circumstances:(1) A contract is concluded through the use of fraud or coercion by one party to damage the interests of the State;(2) Malicious collusion is conducted to damage the interests of the State, a collective or a third party;(3) An illegitimate purpose is concealed under the guise of legitimate acts;(4) Damaging the public interests;(5) Violating the compulsory provisions of the laws and administrative regulations. Article 53 The following immunity clauses in a contract shall be null and void:(1) those that cause personal injury to the other party;(2) those that cause property damages to the other party as a result of deliberate intent or gross fault.Article 54 A party shall have the right to request the people's court or an arbitration institution to modify or revoke the following contracts:(1) those concluded as a result of serious misunderstanding;(2) those that are obviously unfair at the time when concluding the contract.If a contract is concluded by one party against the other party's true intentions through the use of fraud, coercion or exploitation of the other party's unfavorable position, the injured party shall have the right to request the people's court or an arbitration institution to modify or revoke it.Where a party requests for modification, the people's court or the arbitration institution may not revoke the contract.Article 55 The right to revoke a contract shall extinguish under any of the following circumstances:(1) A party having the right to revoke the contract fails to exercise the right within one year from the day that it knows or ought to know the revoking causes;(2) A party having the right to revoke the contract explicitly expresses or conducts an act to waive the right after it knows the revoking causes.Article 56 A contract that is null and void or revoked shall have no legally binding force ever from the very beginning. If part of a contract is null and void without affecting the validity of the other parts, the other parts shall still be valid.Article 57 If a contract is null and void, revoked or terminated, it shall not affect the validity of the dispute settlement clause which is independently existing in the contract.Article 58 The property acquired as a result of a contract shall be returned after the contract is confirmed to be null and void or has been revoked; where the property can not be returned or the return is unnecessary, it shall be reimbursed at its estimated price. The party at fault shall compensate the other party for losses incurred as a result therefrom. If both parties are at fault, each party shall respectively be liable.Article 59 If the parties have maliciously conducted collusion to damage the interests of the State, a collective or a third party, the property thus acpuired shall be turned over to the State or returned to the collective or the third party.CHAPTER 4 PERFORMANCE OF CONTRACTSArticle 60 The parties shall perform their obligations thoroughly according to the terms of the contract.The parties shall abide by the principle of good faith and perform the obligations of notice, assistance and maintaining confidentiality, etc. based on the character and purpose of the contract or the transaction practices.Article 61 Where, after the contract becomes effective, there is no agreement in the contract between the parties on the terms regarding quality, price or remuneration and place of performance, etc. or such agreement is unclear, the parties may agree upon supplementary terms through consultation. In case of a failure in doing so, the terms shall be determined from the context of relevant clauses of the contract or by transaction practices.Article 62 If the relevant terms of a contract are unclear, nor can it be determined according to the provisions of Article 61 of this Law, the provisions below shall be applied:(1) If quality requirements are unclear, the State standards or trade standards shall be applied; if there are no State standards or trade standards, generally held standards or specific standards in conformity with the purpose of the contract shall be applied.(2) If the price or remuneration is unclear, the market price of the place of performance at the time concluding the contract shall be applied; if the government-fixed price or government-directed price shall be followed in accordance with the law, the provisions of the law shall be applied.(3) If the place of performance is unclear, and the payment is currency, the performance shall be effected at the place of location of the party receiving the payment; if realestate is to be delivered, the performance shall be effected at the place of location of the real estate; in case of other contract objects, the performance shall be effected at the place of location of the party fulfilling the obligations.(4) If the time limit for performance is unclear, the obligor may at any time fulfill the obligations towards the obligee; the obligee may also demand at any time that the obligor performs the obligations, but a time period for necessary preparation shall be given to the obligor.(5) If the method of performance is unclear, the method which is advantageous to realize the purpose of the contract shall be adopted.(6) If the burden of the expenses of performance is unclear, the cost shall be assumed by the obligor.Article 63 In cases where the government-fixed price or government- directed price is followed in a contract, if the said price is readjusted within the time limit for delivery as stipulated in the contract, the payment shall be calculated according to the price at the time of delivery. If the delivery of the object is delayed and the price has risen, the original price shall be adopted; while the price has dropped, the new price shall be adopted. In the event of delay in taking delivery of the object or late payment, if the price has risen, the new price shall be adopted; while the price has dropped, the original price shall be adopted.Article 64 Where the parties agree that the obligor performs the obligations to a third party, and the obligor fails to perform the obligations to the third party or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract.Article 65 Where the parties agree that a third party performs the obligations to theobligee, and the third party fails to perform the obligations or the performance does not meet the terms of the contract, the obligor shall be liable to the obligee for the breach of contract.Article 66 If both parties have obligations towards each other and there is no order of priority in respect of the performance of obligations, the parties shall perform the obligations simultaneously. One party has the right to reject the other party's request for performance before the other party's performance. One party has the right to reject the other party's corresponding request for performance if the other party's performance does not meet the terms of the contract.Article 67 Where both parties have obligations towards each other and there has been an order of priority in respect of the performance, and the party which shall render its performance first has not rendered the performance, the party which may render its performance lately has the right to reject the other party's request for performance. Where the party which shall render its performance first violates the terms of a contract while fulfilling the obligations, the party which may render its performance lately has the right to reject the other party's corresponding request for performance.Article 68 One party, which shall render its performance first, may suspend its performance, if it has conclusive evidence that the other party is under any of the following circumstances:(1) Its business conditions are seriously deteriorating;(2) It moves away its property and takes out its capital secretly to evade debt;(3) It loses its commercial credibility;(4) Other circumstances showing that it loses or is possible to lose the capacity ofcredit.Where a party suspends performance of a contract without conclusive evidence, it shall be liable for the breach of contract.Article 69 One party to a contract which suspends its performance of the contract in accordance with the provisions of Article 68 of this Law, shall promptly inform the other party of such suspension. It shall resume its performance of the contract when the other party provides a sure guarantee. After the suspension of the performance, if the other party does not reinstate its capacity of performance and does not provide with a sure guarantee, the party suspending performance of the contract may rescind the contract.Article 70 If the obligee does not notify the obligor its separation, merger or a change of its domicile so as to make it difficult for the obligor to perform the obligations, the obligor may suspend the performance of the contract or have the object deposited.Article 71 The obligee may reject an advance performance of the contract by the obligor, except that the advance performance does not damage the interests of the obligee.Additional expenses caused to the obligee by advance performance shall be borne by the obligor.Article 72 The obligee may reject the partial performance of the contract by the obligor, except that the partial performance does not damage the interests of the obligee.Additional expenses caused to the obligee by partial performance shall be borne by the obligor.Article 73 If the obligor is indolent in exercising its due creditor's right, thus damaging the interests of the obligee, the obligee may request the people's court forsubrogation in its own name, except that the creditor's right exclusively belongs to the obligor.The subrogation shall be exercised within the scope of the creditor's right of the obligee. The necessary expenses caused to the obligee by exercising subrogation shall be borne by the obligor.Article 74 If the obligor renounces its due creditor's right or transfers its property gratis, thus damaging the interests of the obligee, the obligee may request the people's court to revoke the obligor's act. If the obligor transfers its property at an obviously unreasonable low price, thus damaging the interests of the obligee, and the transferee knows such situation, the obligee may request the people's court to revoke the obligor's act.The right of revocation shall be exercised within the scope of the creditor's right of the obligee. The necessary expenses caused to the obligee by exercising the right of revocation shall be borne by the obligor.Article 75 The time limit for exercising the right of revocation shall be one year, commencing from the day when the obligee is aware or ought to be aware of the causes of revocation. If the right of revocation has not been exercised within five years from the day when the act of the obligor takes place, the right of revocation shall be extinguished.Article 76 After a contract becomes effective, the parties may not reject to perform the obligations of the contract because of modification of the title or name of the parties, or change of the statutory representative, the responsible person or the executive person of the parties.CHAPTER 5 MODIFICATION AND ASSIGNMENT OF CONTRACTS。
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Contract Law of the People's Republic of China中华人民共和国合同法重点条文第八条【依合同履行义务原则】依法成立的合同，对当事人具有法律约束力。
当事人应当按照约定履行自己的义务，不得擅自变更或者解除合同。
依法成立的合同，受法律保护。
Article 8 A lawfully established contract shall be legally binding on the parties thereto, each of whom shall perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract. The contract established according to law is protected by law.第二十九条【迟到的承诺】受要约人在承诺期限内发出承诺，按照通常情形能够及时到达要约人，但因其他原因承诺到达要约人时超过承诺期限的，除要约人及时通知受要约人因承诺超过期限不接受该承诺的以外，该承诺有效。
Article 29 If the offeree dispatched the acceptance within the time limit specified for acceptance, and under normal circumstances the acceptance would have reached the offeror in due time, but due to other reasons the acceptance reaches the offeror after the time limit for acceptance has expired,such acceptance shall be effective, unless the offeror notifies the offeree in a timely manner that it does not accept the acceptance due to the failure of the acceptance to arrive within the time limit.第六十一条【合同约定不明的补救】合同生效后，当事人就质量、价款或者报酬、履行地点等内容没有约定或者约定不明确的，可以协议补充；不能达成补充协议的，按照合同有关条款或者交易习惯确定。
Article 61 Where, after the contract becomes effective, there is no agreement in the contract between the parties on such contents as quality, price or remuneration, or place of performance etc., or such agreement is ambiguous, the parties may agree upon supplementary terms through consultation; if a supplementary agreement cannot be reached, such terms shall be determined in accordance with the relevant provisions of the contract or the transaction practices.第六十二条【合同约定不明时的履行】当事人就有关合同内容约定不明确，依照本法第六十一条的规定仍不能确定的，适用下列规定：Article 62 Where certain contents agreed upon by the parties in the contract are ambiguous and cannot be determined in accordance with the provisions in Article 61 of this Law, the following provisions shall be applied:（一）质量要求不明确的，按照国家标准、行业标准履行；没有国家标准、行业标准的，按照通常标准或者符合合同目的的特定标准履行。
(1) if quality requirement is not clear, performance shall be in accordance with the state standard or industry standard; absent any state or industry standard, performance shall be in accordance with the customary standard or any particular standard consistent with the purpose of the contract;（二）价款或者报酬不明确的，按照订立合同时履行地的市场价格履行；依法应当执行政府定价或者政府指导价的，按照规定履行。
(2) if price or remuneration is not clear, performance shall be in accordance with the prevailing market price at the place of performance at the time the contract was concluded, and if adoption of a price commissioned by the government or based on government issued pricing guidelines is required by law, such requirement applies;（三）履行地点不明确，给付货币的，在接受货币一方所在地履行；交付不动产的，在不动产所在地履行；其他标的，在履行义务一方所在地履行。
(3) where the place of performance is not clear, if the obligation is payment of money,performance shall be at the place where the payee is located; if the obligation is delivery of immovable property, performance shall be at the place where the immovable property is located;for any other subject matter, performance shall be effected at the place of location of the party fulfilling the obligations.（四）履行期限不明确的，债务人可以随时履行，债权人也可以随时要求履行，但应当给对方必要的准备时间。
(4) if the time of performance is not clear, the obligor may perform, and the obligee may require performance, at any time, provided that the other party shall be given the time required for preparation;（五）履行方式不明确的，按照有利于实现合同目的的方式履行。
(5) if the method of performance is not clear, performance shall be rendered in a manner which is conducive to realizing the purpose of the contract;（六）履行费用的负担不明确的，由履行义务一方负担。
(6) if the responsibility for the expenses of performance is not clear, the party fulfilling the obligations shall bear the expenses.第六十八条【不安抗辩权】应当先履行债务的当事人，有确切证据证明对方有下列情形之一的，可以中止履行：Article 68 The party required to perform first may suspend its performance if it has conclusive evidence showing that the other party is under any of the following circumstances:（一）经营状况严重恶化；(1) its business has seriously deteriorated;（二）转移财产、抽逃资金，以逃避债务；(2) it has engaged in transfer of assets or withdrawal of funds for the purpose of evading debts;（三）丧失商业信誉；(3) it has lost its business creditworthiness;（四）有丧失或者可能丧失履行债务能力的其他情形。
(4) it is in any other circumstance which will or may cause it to lose its ability to perform.当事人没有确切证据中止履行的，应当承担违约责任。
Where a party suspends performance without conclusive evidence, it shall be liable for breach of contract.。