【常用法规】劳动法【英文】

Labor Law of the People's Republic of China

Order of the President [1994] No.28

July 5, 1994

The Labor Law of the People's Republic of China, adopted at the Eight h Meeting of the Standing Committee of the Eighth National People's C ongress of the People's Republic of China on July 5, 1994, is hereby promulgated and shall come into effect as of January 1, 1995.

President of the People's Republic of China: Jiang Zemin

Labor Law of the People's Republic of China

(Adopted at the Eighth Meeting of the Standing Committee of the Eight

h National People's Congress on July 5, 1994, promulgated by Order No.

28 of the President of the People's Republic of China and effective a s of January 1, 1995)

Contents

Chapter I General Provisions

Chapter II Promotion of Employment

Chapter III Labor Contracts and Collective Contracts

Chapter IV Working Hours, Rest and Vacations

Chapter V Wages

Chapter VI Occupational Safety and Health

Chapter VII Special Protection for Female and Juvenile Workers Chapter VIII Vocational Training

Chapter IX Social Insurance and Welfare

Chapter X Labor Disputes

Chapter XI Supervision and Inspection

Chapter XII Legal Responsibility

Chapter XIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers,

readjust labor relationships, establish and safeguard a labor system suited to the socialist market economy, and promote economic developm ent and social progress.

Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within th e boundary of the People's Republic of China and laborers who form. a labor relationship therewith State organs, institutional organizatio ns and societies as well as laborers who form. a labor contract relat ionship therewith shall follow this Law.

Article 3 Laborers shall have the right to be employed on an equal ba sis, choose occupations, obtain remuneration for their labor, take re st, have holidays and leaves, obtain protection of occupational safet y and health, receive training vocational skills, enjoy social insura nce and welfare, and submit applications for settlement of labor disp utes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational sk ills, follow rules on occupational safety and health, and observe lab or discipline and professional ethics.

Article 4 The employing units shall establish and perfect rules and r egulations in accordance with the law so as to ensure that laborers e njoy the right to work and fulfill labor obligations.

Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labor standards, regulate soc ial incomes, perfect social insurance system, coordinate labor relati onship, and gradually raise the living standard of laborers.

Article 6 The State shall advocate the participation of laborers in s ocial voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and prote ct the scientific research and technical renovation engaged by labore rs, as well as their inventions and creations; and commend and award labor models and advanced workers.

Article 7 Laborers shall have the right to participate in and organiz e trade unions in accordance with the law.

Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct their activities in accordance with the law.

Article 8 Laborers shall, through the assembly of staff and workers o r their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or c onsult with the employing units on an equal footing about protection of the legitimate rights and interests of laborers.

Article 9 The labor administrative department of the State Council sh all be in charge of the management of labor of the whole country. The labor administrative departments of the local people's government s at or above the county level shall be in charge of the management o f labor in the administrative areas under their respective jurisdicti on.

Chapter II Promotion of Employment

Article 10 The State shall create conditions for employment and incre ase opportunities for employment by means of the promotion of economi c and social development.

The State shall encourage enterprises, institutional organizations, a nd societies to initiate industries or expand businesses for the incr ease of employment within the scope of the stipulations of laws, and administrative rules and regulations.

The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.

Article 11 Local people's governments at various levels shall take me asures to develop various kinds of job—introduction agencies and pro vide employment services.

Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, or religious belief.

Article 13 Females shall enjoy equal rights as males in employment. I t shall not be allowed, in the recruitment of staff and workers, to u se as a pretext for excluding females form. employment or to raise re cruitment standards for the females, except for the types of work o

r posts that are not suitable for females as stipulated by the State.

Article 14 Where there are special stipulations in laws, rules and re gulations on the employment of the disabled, the personnel of nationa l minorities, and demobilized army men, such special stipulations sha ll apply.

Article 15 No employing units shall be allowed to recruit juveniles u nder the age of 16.

Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 mu st go through the formalities of examination and approval according t o the relevant provisions of the State and guaratee their right to co mpulsory education.

Chapter III Labour Contracts and Collective Contracts

Article 16 A labour contract is the agreement reached between a labou rer and an employing unit for the establishment of the labour relatio nship and the definition of the rights, interests and obligations of each party.

A labour contract shall be concluded where a labour relationship is t o be established.

Article 17 Conclusion and modification of a labour contract shall fol low the principles of equality, voluntariness and unanimity through c onsultation, and shall not run counter to the stipulations of laws, a dministrative rules and regulations.

A labour contract once concluded in accordance with the law shall pos sess legal binding force. The parties involved must fulfill the oblig ations as stipulated in the labour contract.

Article 18 The following labour contracts shall be invalid:

labour contracts concluded in violation of laws, administrative rules and regulations; and

labour contracts concluded by resorting to such measures as cheating and intimidation.

An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.

The invalidity of a labour contract shall confirmed by a labour dispu te arbitration committee or a people's court.

Article 19 A labour contract shall be concluded in written form. and contain the following

Clauses:

1.term of a labour contract;

2.contents of work;

https://www.wendangku.net/doc/6b17013151.html,bour protection and working conditions;

https://www.wendangku.net/doc/6b17013151.html,bour remuneration;

https://www.wendangku.net/doc/6b17013151.html,bour discipline;

6.conditions for the termination of a labour contract; and

7.responsibility for the violation of a labour contract.

Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consu ltation by the parties involved.

Article 20 The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.

In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of th

e labour contract, a labour contract with a flexible term shall be co ncluded between them i

f the labourer so requested.

Article 21 A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.

Article 22 The parties involved in a labour contract may reach an agr eement in their labour contract on matters concerning keeping he comm ercial secrets of the employing unit.

Article 23 A labour contract shall terminate upon the expiration of i ts term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.

Article 24 A labour contract may be revoked upon agreement reached be tween the parties involved through consultation.

Article 25 The employing unit may revoke the labour contract with a l abourer in any of the following circumstances:

1.to be proved not up to the requirements for recruitment during the probation period;

2.to seriously violate labour disciplines or the rules and regulation s of the employing units;

3.to cause great losses to the employing unit due to serious derelict ion of duty or engagement in malpractice for selfish ends; and

4.to be investigated for criminal responsibilities in accordance with the law.

Article 26 In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be give n to the labourer 30 days in advance:

1.where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medic al treatment for illness or injury not suffered at work;

2.where a labourer is unqualified for his work and remains unqualifie

d even after receiving a training or an adjustment to an other work p ost; and

3.no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective condi tions taken as the basis for the conclusion of the contract have grea tly changed so that the original labour contract can no longer be car ried out.

Article 27 During the period of statutory consolidation when the empl oying unit comes to the brink of bankruptcy or runs deep into difficu lties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff an d workers 30 days in advance, solicited opinions from them and report ed to the labour administrative department.

Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this A rticle, the reduced personnel shall have the priority to be re-employ ed.

Article 28 The employing unit shall make economic compensations in ac cordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.

Article 29 The employing unit shall not revoke its labour contract wi th a labourer in accordance with the stipulations in Article 26 and A rticle 27 of this Law in any of the following circumstances:

1.to be confirmed to have totally or partially lost the ability to wo rk due to occupational diseases or injuries suffered at work;

2.to be receiving medical treatment for diseases or injuries within t he prescribed period of time;

3.to be a female staff member or worker during pregnant, puerperal, o r breast-feeding period; or other circumstances stipulated by laws, a dministrative rules and regulations.

Article 30 The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, r ules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.

Article 31 A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.

Article 32 A labourer may notify at any time the employing unit of hi s decision to revoke the labour contract in any of the following circ umstances:

1.within the probation period;

2.where the employing unit forces the labourer to work by resorting t o violence, intimidation or

3.illegal restriction of personal freedom; or

4.failure on the part of the employing unit to pay labour remuneratio n or to provide working conditions as agreed upon in the labour contr act.

Article 33 The staff and workers of an enterprise as one party may co nclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupation al safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and worker s or to all the staff and workers for discussion and adoption.

A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in an enterprise where the trade union has not yet been set up, such contract shall be also

concluded by the representatives elected by the staff and workers wi th the enterprise.

Article 34 A collective contract shall be submitted to the labour adm inistrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.

Article 35 Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourer s and the enterprises shall not be lower than those as stipulated in collective contracts.

Chapter IV Working Hours, Rest and Vacations

Article 36 The State shall practise a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average.

Article 37 In case of labourers working on the basis of piecework, th e employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system st ipulated in Article 36 of this Law.

Article 38 The employing unit shall guarantee that its staff and work ers have at least one day off in a week.

Article 39 Where an enterprise can not follow the stipulations in Art icle 36 and Article 38 of this Law due to its special production natu re, it may adopt other rules on working hours and rest with the appro val of the labour administrative department.

Article 40 The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:

1.the New Year's Day;

2.the Spring Festival;

3.the International Labour Day;

4.the National Day; and

5.other holidays stipulated by laws, rules and regulations.

Article 41 The employing unit may extend working hours due to the req uirements of its production or business after consultation with the t rade union and labourers, but the extended working hour for a day sha ll generally not exceed one hour; if such extension is called for due to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed thirty six hours.

Article 42 The extension of working hours shall not be subject to res triction of the provisions of Article 41 of this Law under any of the following circumstances:

1.where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safe ty of property of labourers;

2.where prompt rush repair is needed in the event of breakdown of pro duction equipment, transportation lines or public facilities that aff ects production and public interests; and other circumstances as stip ulated by laws, administrative rules and regulations.

Article 43 The employing unit shall not extend working hours of labou rers in violation of the provisions of this Law.

Article 44 The employing unit shall, according to the following stand ards, pay labourers remunerations higher than those for normal workin g hours under any of the following circumstances:

1.to pay no less than 150 percent of the normal wages if the extensio n of working hours is arranged;

2.to pay no less than 200 percent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and

3.to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays.

Article 45 The State shall practise a system of annual vacation with pay.

Labourers who have kept working for one year and more shall be entitl ed to annual vacation with pay. The concrete measures shall be formul ated by the State Council.

Article 46 The distribution of wages shall follow the principle of di stribution according to work and equal pay for equal work.

The level of wages shall be gradually raised on the basis of economic development. The State shall exercise macro-regulations and control over the total payroll.

Article 47 The employing unit shall independently determine its form. of wage distribution and wage level for its own unit according to la w and based on the characteristics of its production and business and economic results.

Article 48 The State shall implement a system of guaranteed minimum w ages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipaliti es directly under the Central Government and reported to the State Co uncil for the record.

Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.

Article 49 The determination and readjustment of the standards on min imum wages shall be made with reference to the following factors in a comprehensive manner:

1.the lowest living expenses of labourers themselves and the average family members they support;

2. the average wage level of the society as a whole;

3. labour productivity;

4. the situation of employment; and

5. the different levels of economic development between regions.

Article 50 Wages shall be paid monthly to labourers themselves in for m. of currency. The wages paid to labourers shall not be deducted o r delayed without justification.

Article 51 The employing unit shall pay wages according to law to lab ourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accor dance with the law.

Chapter VI Occupational Safety and Health

Article 52 The employing unit must establish and perfect the system f or occupational safety and health, strictly implement the rules and s tandards of the State on occupational safety and health, educate labo urers on occupational safety and health, prevent accidents in the pro cess of work, and reduce occupational hazards.

Article 53 Facilities of occupational safety and health must meet the standards stipulated by the State.

Facilities of occupational safety and health installed in new project s and projects to be rebuilt or expanded must be designed, constructe d and put into operation and use at the same time as the main project s.

Article 54 The employing unit must provide labourers with occupationa l safety and health conditions conforming to the provisions of the St ate and necessary articles of labour protection, and providing regula r health examination for labourers engaged in work with occupational hazards.

Article 55 Labourers to be engaged in specialized operations must rec eive specialized training and acquire qualifications for such special operations.

Article 56 Labourers must strictly abide by rules of safe operation i n the process of their work.

Labourers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation o f rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charges a gainst the acts endangering the safety of their life and health.

Article 57 The State shall establish a system for the statistics, rep orts and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and o ther relevant departments of the people's governments at or above the county level and the employing unit shall, according to law, compile statistics, report and dispose of accidents of injuries and deaths t hat occurred in the process of their work and cases of occupational d iseases.

Chapter VII Special Protection For Female and Juvenile Workers

Article 58 The State shall provide female workers and juvenile worker s with special protection.

"Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet.

Article 59 It is prohibited to arrange female workers to engage in wo rk down the pit of mines, or work with Grade IV physical labour inten sity as stipulated by the State, or other work that female workers sh ould avoid.

Article 60 Female workers during their menstrual periods shall not be arranged to engaged in work high above the ground, under low tempera ture, or in cold water or work with Grade III physical labour intensi ty as stipulated by the State.

Article 61 Female workers during their pregnancy shall not be arrange d to engage in work with Grade III physical labour intensity as stipu lated by the State or other work that they should avoid in pregnancy. Female workers pregnant for seven months or more shall not be arrang ed to extend their working hours or to work night shifts.

Article 62 After childbirth, female workers shall be entitled to no l ess than ninety days of maternity leaves with pay.

Article 63 Female workers during the period of breast-feeding their b abies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State o r other labour that they should avoid during their breast-feeding per iod, or to extend their working hours or to work night shifts.

Article 64 No juvenile workers shall be arranged to engage in work do wn the pit of mines, work that is poisonous or harmful, work with Gra de IV physical labour intensity as stipulated by the State, or other work that they should avoid.

Article 65 The employing unit shall provide regular physical examinat ions to juvenile workers.

Chapter VIII Vocational Training

Article 66 The State shall take various measures through various chan nels to expand vocational training undertakings so as to develop prof essional skills of labourers, improve their qualities, and raise thei r employment capability and work ability.

Article 67 People's governments at various levels shall incorporate t he development of vocational training in the plans of social and econ omic development, encourage and support all enterprises, institutiona l organizations. Societies and individuals, where conditions permit, to sponsor all kinds of vocational training.

Article 68 The employing unit shall establish a system for vocational training, raise and use funds for vocational training in accordance with the provisions of the State, and provide labourers with vocation

al training in a planned way and in the light of the actual situation of the unit.

Labourers to be engaged in technical work must receive pre-job traini ng before taking up their posts.

Article 69 The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examinati on and verification organizations authorized by the government are in charge of the examination and verification of the professional skill s of labourers.

Chapter IX Social Insurance and Welfare

Article 70 The State shall develop social insurance undertakings, est ablish a social insurance system, and set up social insurance funds s o that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child-bearing.

Article 71 The level of social insurance shall be in proportion to th e level of social and economic development and the social affordabili ty.

Article 72 The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of i nsurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance an d pay social insurance premiums in accordance with the law.

Article 73 Labourers shall, in accordance with the law, enjoy social insurance benefits under the following circumstances:

1.retirement;

2.illness or injury;

3.disability caused by work-related injury or occupational disease;

4.unemployment; and

5.child-bearing.

The survivors of the insured labourers shall be entitled to subsidies for survivors in accordance with the law.

The conditions and standards for labourers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.

The social insurance amount that labourers are entitled to, must be t imely paid in full.

Article 74 The agencies in charge of social insurance funds shall col lect, expend, manage and operate the funds in accordance with the sti pulations of laws, and assume the responsibility to maintain and rais e the value of these funds.

The supervisory organizations of social insurance funds shall exercis e supervision over the revenue and expenditure, management and operat ion of social insurance funds in accordance with the stipulations of laws.

The establishment and function of the agencies in charge of social in surance funds and the supervisory organizations of social insurance f unds shall be stipulated by laws.

No organization or individual shall be allowed to misappropriate soci al insurance funds.

Article 75 The State shall encourage the employing unit to set up sup plementary insurance for labourers according to its practical situati ons.

The State shall advocate that labourers practise individual insurance in form. of saving account.

Article 76 The State shall develop social welfare undertakings, const ruct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.

The employing unit shall create conditions so as to improve collectiv e welfare and raise welfare treatment of labourers.

Chapter X Labour Disputes

Article 77 Where a labour dispute between the employing unit and labo urers takes place, the parties concerned may apply for mediation or a rbitration or take legal proceedings according to law, or may seek fo r a settlement through consultation. The principle of mediation shall apply to the procedures of arbitration and lawsuit.

Article 78 The settlement of a labour dispute shall follow the princi ple of legality, fairness and promptness so as to safeguard in accord ance with the law the legitimate rights and interests of the parties involved.

Article 79 Where a labour dispute takes place, the parties involved m ay apply to the labour dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. Either party may also directly apply to th e labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the p arty may bring the case to a people's court.

Article 80 A labour dispute mediation committee may be established in side the employing unit. The committee shall be composed of represent atives of the staff and workers, representatives of the employing uni t, and representatives of the trade union. The chairman of the commit tee shall be held a representative of the trade union.

Agreements reached on labour disputes through mediation shall be impl emented by the parties involved.

Article 81 A labour dispute arbitration committee shall be composed o f representatives of the labour administrative department, representa tives from the trade union at the corresponding level, and representa tives of the employing unit. The chairman of the committee shall be h eld by a representative of the labour administrative department.

Article 82 The party that requests for arbitration shall file a writt en application to a labour dispute arbitration committee within 60 da ys starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 da

ys from the date of receiving the application. The parties involved m ust implement the adjudication if no objections are raised.

Article 83 Where a party involved in a labour dispute is not satisfie d with the adjudication, the party may bring a lawsuit to a people's court within 15 days from the date of receiving the ruling of arbitra tion. Where one of the parties involved neither brings a lawsuit nor implements the adjudication of arbitration within the statutory time limit, the other party may apply to a people's court for compulsory i mplementation.

Article 84 Where a dispute arises from the conclusion of a collective contract and no settlement can be reached through consultation by th e parties concerned, the labour administrative department of the loca l people's government may organize the relevant departments to handle the case in coordination.

Where a dispute arises from the implementation of a collective contra ct and no settlement can be reached through consultation by the parti es concerned, the dispute may be submitted to the labour dispute arbi tration committee for arbitration. Any party that is not satisfied wi th the adjudication of arbitration may bring a lawsuit to a people's court within 15 days from the date of receiving the adjudication.

Chapter XI Supervision and Inspection

Article 85 The labour administrative departments of people's governme nts at or above the county level shall, in accordance with the law, s upervise and inspect the implementation of laws, rules and regulation s on labour by the employing unit, and have the power to stop any act s that run counter to laws, rules and regulations on labour and order the rectification thereof.

Article 86 The inspectors from the labour administrative departments of people's governments at or above the county level shall, while per forming their public duties, have the right to enter the employing un its to make investigations about the implementation of laws, rules an d regulations on labour examine necessary data and inspect labour sit es.

The inspectors from the labour administrative departments of people's governments at or above the county level must show their certificati ons while performing public duties, impartially enforce laws, and abi de by relevant stipulations.

Article 87 Relevant departments of people's governments at or above t he county level shall, within the scope of their respective duties an d responsibilities, supervise the implementation of laws, rules and r egulations on labour by the employing units.

Article 88 Trade unions at various levels shall, in accordance with t he law, safeguard the legitimate rights and interests of labourers, a nd supefvise the implementation of laws, rules and regulations on lab our by the employing units.

Any organizations or individuals shall have the right to expose and a ccuse any acts in violation of laws, rules and regulations on labor.

Chapter XII Legal Responsibility

Article 89 Where the rules and regulations on labour formulated by th e employing unit run counter to the provisions of laws, rules and reg ulations, the labour administrative department shall give a warning t o the unit, order it to make corrections; where any harms have been c aused to labourers, the unit shall be liable for compensations.

Article 90 Where the employing unit extends working hours of labourer s in violation of the stipulations of this Law, the labour administra tive department shall give it a warning, order it to make corrections, and may impose a fine.

Article 91 Where an employing unit infringes in any of the following ways the legitimate rights and interests of labourers, the labour adm inistrative department shall order it to pay labourers remuneration o r to make up for economic losses, and may also order it to pay compen sations:

1.to deduct wages or delay in paying wages to labourers without reaso n;

2.to refuse to pay labourers remuneration for the extended working ho urs;

3.to pay labourers wages below the local standard on minimum wages; o r

4.to fail to provide labourers with economic compensations in accorda nce with the provisions of this Law after revocation of labour contra cts.

Article 92 Where the occupational safety fsacilities and health condi tions of an employing unit do not comply with the provisions of the S tate or the unit fails to provide labourers with necessary labour pro tection articles and labour protection facilities the labour administ rative department or other relevant departments shall order it to mak e corrections, and may impose a fine. If circumstances are serious, t he above-said departments shall apply to a people's government at o r above the county level for a decision to order the unit to stop pro duction for consolidation. If the unit fails to take measures against potential accident which later leads to the occurrence of a serious accident and the losses of labourers' lives and properties, criminal responsibilities shall be investigated against the persons in charge of mutatis mutandis the stipulations of Article 187 of the Criminal L aw.

Article 93 Where an employing unit forces labourers to operate with r isks in violation of the rules and regulations, causing thus major ac cident of injuries and deaths, and serious consequences, criminal res ponsibilities of the person in charge shall be investigated according to law.

Article 94 Where an employing unit illegally recruits juveniles under the age of 16, the labour administrative department shall order it t o make corrections, and impose a fine. If circumstances are serious, the administrative department for industry and commerce shall revoke its business license.

公司劳动合同(中英文)

合同协议书 公司劳动合同

Labor Contract 劳动合同 Date 甲方（用人单位）：乙方（员工）： Party A (Employer): Party B (Employee): 法定代表人：性别Gender:： Legal Representative: 出生年月 Birth Date:： 身份证号码 ID NO.： 联系方式 Contact Info.： 经营地址：家庭住址： Address: Address: 根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》、《北京市劳动合同条例》的有关规定，双方遵循公平合法、平等自愿、协商一致、诚实信用原则，订立本合同。 The contract is hereby concluded by both parties in accordance with Labor Law of the People's Republic of China,Labor Contract Law of the People’s Republic of China, and Regulations of Shanghai Municipality on Labor Contract, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith. 一、合同期限 Contract Term 1. 甲方与乙方签订固定期限劳动合同。本劳动合同期限为年，自年月日起，至年月日止，其中试用期为个月，自年月日起，至年月日止。 Party A and Party B signs a fixed-term labor contract. The contract lasts for ___ year(s), from _________to ________. The probation is ____ month(s), from ________ to ________; 二、工作内容 Job Responsibilities 2. 甲方聘用乙方从事岗位工作。 Party A employs Party B to engage in ________ . 3. 工作地点： ___________ ，根据甲方工作需要，经甲乙双方协调一致，可 变更工作地点。 The workplace is __________________________________, which can be changed on the basis of mutual agreement as per Party A’s business requirements. 4. 乙方应积极遵守公司所有规章制度，按质、按量、按时完成其本职工作。 Party B shall fulfill his job in a high-quality, quantitative and time-efficient manner and abide by all the company rules. 5. 甲方可以根据实际工作需要，根据乙方的工作能力和表现，调整乙方工作岗位或安排乙方临时从事其他工作岗位，乙方应予以认可配合。

正式员工劳动合同模板新整理版(示范合同)

正式员工劳动合同模板新整理 版(示范合同) Effectively restrain the parties’ actions and ensure that the legitimate rights and interests of the state, collectives and individuals are not harmed ( 合同范本 ) 甲方：______________________ 乙方：______________________ 日期：_______年_____月_____日 编号：MZ-HT-020985

正式员工劳动合同模板新整理版(示范合 同) 正式员工劳动合同模板一 甲方：____________________ 乙方：____________________ 根据《中华人民共和国劳动法》及有关法律法规，经甲乙双方平等自愿协商一致，同意签订本合同，共同遵守本合同所列条款。 一、劳动合同期限 1、本合同为期限劳动合同，合同期自________年____月____日起至________年____月____日止。 2、若乙方开始工作时间与约定时间不一致，以实际到岗之日为合同起始时间建立劳动关系。 二、工作内容和工作地点

1、在合同有效期内，甲方根据公司业务需要及乙方的技能、工作业绩等，在与乙正式劳动合同范本方充分协商的基础上，可以调整乙方的工作岗位、工作内容和工作地点。 2、在合同有效期内，甲方调整乙方的工作岗位、工作地点、工作内容时，不再与乙方另外签订劳动合同，只需在原订合同上进行相应的变更说明;乙方应履行新任岗位工作职责、工作内容和相关协议，待原订合同期满后，再按照新任岗位、工作地点签订合同。 三、工作时间和休息休假 1、甲方依法制定员工工时、休息和休假制度;乙方须遵守甲方依法制定的工时、休息和休假制度，并按照规定上下班。 2、乙方依法享有的婚丧假、女职工产假等，按照甲方依法制定的相关规章制度执行。 3、甲方因项目工作需要安排乙方延长工作时间或节假日加班加点的，乙方应服从甲方的统一安排;加班费用在项目提成里支付。 4、乙方加班不能自行决定，须经上级安排或者按照程序报上级批准，否则不视为加班。

标准劳动合同中英文版

标准劳动合同中英文版 根据劳动法律、法规的规定，用人单位需要与劳动者签订劳动合同，标准劳动合同中英文怎么写？以下是小编整理的标准劳动合同中英文范文，欢迎参考阅读。 标准劳动合同中英文版范文篇一 甲方：Party A: 法定代表人(主要负责人)或委托代理人：Legal Representative (main responsible person) or Entrusted Agent: Address: 乙方：Party B (Employee): 性别：Gender: 通讯Communication Address: 居民身份证号码ID Card No.: 联系电话：Telephone: 根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》的有关规定，双方遵循公平合法、平等自愿、协商一致、诚实信用原则，订立本合同。The contract is hereby concluded by both parties in accordance with Labor Law of the Peoples Republic of China, Labor Contract Law of the Peoples Republic of

China, in the principles of fairness,legitimacy, equality, voluntariness, consensus through negotiation and good faith. 一、劳动合同期限 Contract Term 第一条本合同为固定期限劳动合同。本劳动合同期限为年，其中试用期至年月日止。本合同于年月日终止。 Article 1 : Party A and Party B signs a fixed-term labor contract. The contract lasts for ___ year(s), from _________to ________. Theprobation is ____ month(s), from ________ to ________. 二、工作内容和工作地点 Working Contents and Working Place 第二条乙方同意根据甲方工作需要，担任岗位(工种)工作。 Article 2 : Party B agrees to engage in_____________(post, work posts)according to needs of the Party A. 第三条乙方的工作地点为: 。Article 3 : The working place of Party B is ______________. 三、工作时间和休息休假 Working Hours and Rest Hours

劳动合同-中英文对照

劳动合同 Labor Contract 甲方名称（用人单位）：【】 单位地址：【】 法定代表人（单位主要负责人）：【】 Party A's name (Employing unit): 【】 Company address: 【】 Legal Representative (Authorized Representative) : 乙方姓名： 家庭住址（或户籍地址）： 身份证号码： Party B's name: Home address (or household register address) : ID card number: 根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》、《上海市劳动合同条例》以及有关法律、法规和政策，甲方和乙方（以下各自称“各方”，共同称“双方”）遵循平等自愿、协商一致的原则，签订本劳动合同，以确立劳动关系，明确双方的权利和义务，并共同遵守。各方的权利和义务如下： According to "The Labour Law of the People's Republic of China," "The People's Republic of China Labour Contract law," "Shanghai Labour Contract Regulations," and other relevant laws, regulations and policies, Party A and Party B (below termed "each party," together termed "both parties") shall adhere to the principles of equality and consensus, and will sign this labour contract in order to establish a working relationship and to define the rights and obligations of both sides. The rights and obligations of each side are as follows: 第一条劳动合同期限 Article 1 Labour Contract Time Period 1.1 本合同期限类型为期限劳动合同。 1.1 This contract is for a(n) [unlimited / limited] time period. 1.2 合同期限自年月日至年月日止。 1.2 Contract term is from______ Year_____Month_____Day to_____Year_____Month____Day. 1.3 自合同生效之日起个月为试用期。 1.3 _______ month(s) will serve as the probationary period from the day this contract goes into effect. 第二条工作岗位、工作职责 Article 2 Work Position and Duty 2.1 甲方安排乙方到___________部门，担任________职位,乙方必须按甲方确定的职务说明书的工作内容，按时、按质、按量完成甲方分配的工作（生产）任务； 2.1 Party A arranges for Party B to work in________department, serving as___[position]_____. Party B, according to the Party A-approved stipulations for the particular post as stated in the work manual, must complete assignments for Party A on time and according to certain quality and quantity standards; 2.2甲方根据生产经营的需要以及依据乙方的能力（专业、技能、健康）和工作表现，可在协商一致的基础上调整或重新分配乙方的工作职位，如乙方同意被分派到一个不同的职位，则甲方有权根据该职位的要求和该职位的市场情况重新审定和调整乙方的报酬。

公司员工劳动合同(通用版)

编号 劳动合同书 甲方（用人单位）名称： 地址： 法定代表人（委托代理人）： 联系电话： 乙方（劳动者）姓名： 性别： 家庭住址： 现居住地： 身份证号： 联系电话：

甲乙双方根据《中华人民共和国劳动法》和《中华人民共和国劳动法合同法》等法律、法规、规章的规定，在平等自愿、协商一致的基础上，同意订立本劳动合同，并严格履行。 一、劳动合同期限 第一条本劳动合同的试用期为个月。自年月日起，至年月日起。试用期满，甲方正式聘用乙方。 第二条本劳动合同规定服务期自年月日起，至年月日止。劳动合同的合同期限与服务期相一致。 二、工作内容及工作地点 第三条甲乙方根据甲方的要求，经过协商，从事工作。甲方可根据工作需要或乙方的培训考核及绩效考核情况，参照乙方的专业知识、经验、能力和工作表现，调整乙方的工作岗位，乙方应服从甲方的安排。 第四条乙方须按照甲方确定的岗位职责及工作要求，应当符合甲方依法制定的并已经公示的规章制度。乙方应当按照甲方安排的工作内容及要求履行劳动义务，按时完成工作量，达到规定的质量要求。 第五条甲乙双方约定劳动合同履行地为。 四、工作时间及休息时间 第六条甲乙双方在工作时间和休息方面协商一致确定平均每周工作6 天。 第七条如由于工作需要，甲方要求乙方加班时，在无特殊原因的情况下，乙方必须配合。但是甲方要付相应的加班费，或是以给予相应时间的调休。 第八条乙方享有国家规定的所有法定节假日。乙方病假、事假需按甲方规定申请办理请假手续，方可离开。 四、劳动报酬 第九条甲方实行岗位工资制。甲方确定乙方第一年的年薪为人民币万元，按月发放每月工资（其中基本工资为元、奖金为元，全勤奖为元、饭补为元）。乙方的收入为税前收入，个人所得税，则由乙方负责依法交纳。 第十条甲方确定的发薪日期为下一个月的15日，如遇发薪日为节假日，甲方将顺延到最接近的一个工作日发薪。

员工劳动合同(完整版)-劳动法员工合同

员工劳动合同 甲方（用人单位）名称：______________________________ 法定代表人：________________________________________ 住所：______________________________________________ 乙方（劳动者）姓名：________________________________ 身份证号码：________________________________________ 住址：______________________________________________ 根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》等法律、法规、规章的规定，在平等自愿，协商一致的基础上，同意订立本劳动合同，共同遵守本合同所列条款。 第一条劳动合同类型及期限 一、劳动合同类型及期限按下列第 1 项确定。 1、固定期限：自年月日起至年月日止。 2、无固定期限：自/ 年/ 月/ 日起至法定的解除或终止合同的条件出现时止。 3、以完成一定工作为期限：自/ 年/ 月/ 日起至/ 终止。 二、本合同约定试用期，试用期自年月日起至年月日止。

第二条工作内容、工作地点及要求 乙方从事工作，工作地点在。 乙方工作应达到以下标准参照甲方相关管理制度以及考核标准。 根据甲方工作需要，经甲、乙双方协商同意，可以变更工作岗位、工作地点。 第三条工作时间和休息休假 一、工作时间按下列第 1 项确定： 1、实行标准工时制。 2、实行经劳动保障行政部门批准实行的不定时工作制。 3、实行经劳动保障行政部门批准实行的综合计算工时工作制。 二、甲方由于生产经营需要经与乙方协商后可以延长乙方工作时间，所延长的工作时间将根据实际工作需要决定。甲方依法保证乙方的休息休假权利。 第四条劳动报酬及支付方式与时间 一、乙方试用期间的月劳动报酬为元。 二、试用期满后，乙方在法定工作时间内提供正常劳动的月劳动报酬为/ 元，或根据甲方确定的薪酬制度确定为。 乙方工资的增减，奖金、津贴、补贴、加班加点工资的发放，以及特殊情况下的工资支付等，均按相关法律法规及甲方依法制定的规章制度执行。甲方支付给乙方的工资不得低于当地最低工资标准。 三、甲方的工资发放日为次月日。甲方应当以货币形式按月支付工资，不得拖欠。 四、乙方在享受法定休假日以及依法参加社会活动期间，甲方应当依法支付工资。

中华人民共和国劳动法(英文版)

Labour Act. Dated 5 July 1994. (China Daily, 6 July 1994, p. 2.) Table of contents CHAPTER I. GENERAL PROVISIONS CHAPTER II. PROMOTION OF EMPLOYMENT CHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND V ACA TIONS CHAPTER V. W AGES CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH CHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCA TIONAL TRAINING CHAPTER IX. SOCIAL INSURANCE AND WELFARE CHAPTER X. LABOUR DISPUTES CHAPTER XI. SUPERVISION AND INSPECTION CHAPTER XII. LEGAL RESPONSIBILITY CHAPTER XIII. SUPPLEMENTARY PROVISIONS CHAPTER I. GENERAL PROVISIONS Section 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress. Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith. State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law. Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law. Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics. Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations. Section 5. The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.

劳动合同中英文中英文

编号： NO. 劳动合同书Labor Contract

甲方： Party A: 法定代表人（主要负责人）或委托代理人： Legal Representative (main responsible person) or Entrusted Agent: 地址： Address: 乙方： Party B (Employee): 性别： Gender: 通讯地址： Communication Address: 居民身份证号码 ID Card No.: 联系电话： Telephone:

根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》的有关规定，双方遵循公平合法、平等自愿、协商一致、诚实信用原则，订立本合同。 The contract is hereby concluded by both parties in accordance with Labor Law of the People's Republic of China, Labor Contract Law of the People’s Repub lic of China, in the principles of fairness, legitimacy, equality, voluntariness, consensus through negotiation and good faith. 一、劳动合同期限 Contract Term 第一条本合同为固定期限劳动合同。 本劳动合同期限为年，其中试用期至年月 日止。本合同于年月日终止。 Article 1 : Party A and Party B signs a fixed-term labor contract. The contract lasts for ___ year(s), from _________to ________. The probation is ____ month(s), from ________ to ________. 二、工作内容和工作地点 Working Contents and Working Place 第二条乙方同意根据甲方工作需要，担任岗位(工种)工作。

劳动法 英文版 Labor Law of the PRC

劳动法 Labour Law of the People's Republic of China (Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994 and promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994) Contents Chapter I General Provisions Chapter II Promotion of Employment Chapter III Labour Contracts and Collective Contracts Chapter IV Working Hours, Rest and Vacations Chapter V Wages Chapter VI Occupational Safety and Health Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers Chapter VIII Vocational Training Chapter IX Social Insurance and Welfare Chapter X Labour Disputes Chapter XI Supervision and Inspection Chapter XII Legal Responsibility Chapter XIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, regulate labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress. Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employing units) and labourers who form a labour relationship therewith within the territory of the People's Republic of China. State organs, institutions and public organizations as well as labourers who form a labour

新劳动合同中英文双语版本(标准版)

劳动合同 Employment Agreement 一、立合同双方 1. This Employment Agreement is made and entered by and between the following parties: 1（甲方名称）： 注册住所： 常驻地址： 法定代表人： Party A: Registered Address: Permanent Address: Legal representative: 2（乙方姓名）： 户籍地址： 常住地址： 身份证号; 邮政编码： 联系电话： Party B: Registered domicile: Habitual residence: Number of ID Card: Tel:

二、立合同事由 2. RECITALS 鉴于甲方愿意录用乙方，乙方愿意到甲方工作，按照《中华人民共和国劳动法》、《中华人民共和国劳动合同法》和《上海市劳动和同条例》等我国国家和地方政府的有关法律法规和行政规章，以及甲方制定的各项规章制度，本着平等、自愿的原则，经甲、乙双方协商一致，特签订本劳动合同（以下简称“本合同”）。 WHEREAS, Party A intends to employ Party B and Party B intends to work for Party A, In accordance with Labour Law of the People’s Republic of China, Law of the People’s Republic of China on Employment Contracts, Shanghai Regulations on Employment Contracts and China’s national and local laws, regulations and administrative rules and Party A’s regulations and rules, and through negotiation based on equality and free will, the two parties agree to conclude this Employment Agreement (hereinafter referred to as this Agreement) under the following terms and conditions: 三、合同条款 3. Terms and Conditions 第一条（合同类型与期限）Article 1 Type and Validity Term of Agreement （一）本合同为有无固定期限的劳动合同，合同期 从年月日起，至年月日止。其中试用期为个月，自年月日起 至年月日止。 1.1 This Agreement is an employment contract with fixed-term or uncertain term; the validity term of this Agreement commences on the date of ( ), and expires on the date of ( ), including a probation of ( ) months from the date of ( ) to the date of ( ). （二）乙方应于本合同签订后，在年月日前到岗位工作。 1.2 Party B shall, after execution of this Agreement, work at the designated position on or before the date of ( ). 第二条（工作内容和工作地点）Article 2 Description of Work and Work Site （一）根据甲方需要，乙方在部门从事岗位工作，乙方到岗后应服从所属部门或上级主管的工作安排。

公司实施劳动合同法情况自查报告

姓名：XXX 部门： XX部YOUR LOGO Your company name 2 0 X X 公司实施劳动合同法情况自查报 告

公司实施劳动合同法情况自查报告 **局：根据你局《关于做好**;中华人民共和国劳动合同法**;执法检查工作的通知》精神，我公司进行了认真地自查，现将自查情况向你局作以汇报： 一、自查活动的指导思想明确 公司领导班子认真地学习了*局文件之后，清楚地认识到，省、市、县人大常委会安排的贯彻《中华人民共和国劳动合同法》执法大检查，是为了进一步推动《中华人民共和国劳动合同法》在企业的贯彻实施，进一步健全劳动用工机制，完善社会保障制度，让广大劳动者从《劳动合同法》的实施中得到更多的实惠，真正体现以人为本的发展理念，从而维护劳动者的合法权益，构建、发展和谐稳定的劳动关系。 二、对照要求，逐项自查 按照*局文件提出的检查内容和重点，领导班子成员作了认真仔细地回顾讨论，并安排专人深入公司下属的配送中心、直营超市，广泛听取和了解中层干部、业务骨干、普通员工的意见和建议，自查活动扎实认真，反映情况真实可靠。 1、《劳动合同法》的学习和宣传教育情况 在得知《劳动合同法》从**年1月1日起施行的信息后，我公司就从网上下载了几份《中华人民共和国劳动合同法》文本、法律专家解读《劳动合同法》的相关资料，组织领导班子成员集体学习，并重点学习、讨论了法律专家指出的《劳动合同法》比《劳动法》规定更为明确、更 第 2 页共 7 页

为具体的条款，要求班子成员对贯彻《劳动合同法》有一个明确地认识，端正地态度，积极地贯彻，认真地实施。 随后，公司又召开中层干部会议，针对春节后员工不稳定、流动较大的情况，认真地学习《劳动合同法》，结合以往用工中存在的问题，讨论调整了我公司的一些不符合《劳动合同法》的规定。带着问题学，使大家对《劳动合同法》理解得更清楚、更明白、更透彻。 结合总公司会议精神的传达，各基层单位都及时向员工宣讲了《劳动合同法》的基本内容和精神，告知了员工依法所享有的权利和义务，通知了为保障员工利益，公司在劳动用工方面做出的一些新规定。还通过办板报、贴标语、挂横幅等多种形式，对《劳动合同法》做了广泛深入地宣传。 2、贯彻《劳动合同法》的具体措施 贯彻执行《劳动合同法》是企业的法定责任，不容忽视，结合本企业的实际，已经采取了以下具体措施： ①提高工资。从今年元月份起，公司给每个工作岗位上的员工都增加了工资，月平均增资额达到×××元。 ②缴纳养老保险。凡在本公司工作一年以上的员工，不分户口类别、用工类别，一律从**年元月起给予办理养老保险。新增缴纳养老保险人数**名。 ③缩短试用期。新招聘的员工试用期，坚决执行《劳动合同法》的规定，由过去的×××个月降为×××个月，试用期工资与正常工资仅 第 3 页共 7 页

巴基斯坦劳动法-英文版笔记-2014

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Order of the President of the People's Republic of China (No. 65) The Labor Contract Law of the People's Republic of China, which was adopted at the 28th Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 29, 2007, is hereby promulgated and shall come into force as of January 1, 2008. President of the People's Republic of China Hu Jintao June 29, 2007 Labor Contract Law of the People's Republic 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) Contents Chapter I General Provisions 中华人民共和国主席令 （第六十五号） 《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过，现予公布，自2008年1月1日起施行。 中华人民共和国主席胡锦涛 2007年6月29日 中华人民共和国劳动合同法 （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） 目录 第一章总则 第二章劳动合同的订立 第三章劳动合同的履行和变更