烟台大学法学院
法律硕士张川方
中华人民共和国劳动法2009
Labor Law of the People’s Republic of China(Revised in 2009)
Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994, promulgated by No.28 Order of the President of the People’s Republic of China and become effective as of January 1, 1995.
Revised according to the Decision of the Standing Committee of the National People’s Congress on the Amendment of Several Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27th, 2009.
C-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, adjust labor relationships(调整劳动关系), establish and safeguard a labor system(劳动制度)suited to the socialist market economy, and promote economic development and social progress. 2012-7-18 10:32:04
Article 2
(1) This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the territory of the People’s Republic of China
(2) State organs(国家机关), institutional organizations(事业组织) and societies(社会团体) as well as laborers who form a labor contract relationship therewith shall follow this Law.
Article 3
(1) Laborers shall have the right to be employed on an equal basis(平等就业), choose occupations, obtain remuneration for their labor, take rest, have vacations and leaves, obtain protection of occupational safety and health, receive training vocational skills(接受职业技能培训), enjoy social insurance and welfare, and submit applications for(提请) settlement of labor disputes, and other labor rights as stipulated by law.
(2) Laborers shall fulfill their labor tasks, improve their vocational skills, follow rules(执行规程) on occupational safety and health, and observe labor disciplines and professional ethics(职业道德). Article 4
The employing units shall establish and perfect rules and regulations(完善规章制度)in accordance with the law so as to ensure that laborers enjoy the labor rights and fulfill the labor obligations. Article 5
The State shall take various measures to promote employment, develop vocational education, lay down labor standards(制定劳动标准), regulate social incomes, perfect social insurance system, coordinate labor relationships, and gradually raise the living standard of laborers.
Article 6
The State shall advocate the participation of laborers in social voluntary labor and the development of labor competitions and activities of forwarding rational proposals; encourage and
and creations; and commend and award(表彰和奖励) labor models(劳动模范) and advanced workers(先进工作者).
Article 7
(1) Laborers shall have the right to participate in and organize trade unions in accordance with the law.
(2) Trade unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conduct(独立自主地开展) their activities in accordance with the law.
Article 8
Laborers shall, through the assembly of staff and workers(职工大会) or their congress, or other forms in accordance with the provisions of the law, take part in democratic management or consult with the employing units on an equal footing(平等协商) about the protection of the legitimate rights and interests of laborers.
Article 9
(1) The labor administrative department of the State Council shall be in charge of the labor work(劳动工作) of the whole country.
(2) The labor administrative department of the local people’s government at or above the county level shall be in charge of the labor work in the administrative area under their respective jurisdiction(本行政区域内).
C-II Promotion of Employment
Article 10
(1) The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.
(2) The State shall encourage enterprises, institutional organizations, and societies to initiate industries(兴办产业) or expand businesses(拓展经营) for the increase of employment(增加就业) within the scope of the stipulations of laws and administrative rules and regulations.
(3) The State shall support laborers to get jobs by organizing themselves on a voluntary basis(自愿组织起来) or by engaging in individual businesses(个体经营).
Article 11
Local people’s governments at all levels shall take measures to develop various kinds of job-introduction agencies(职业介绍机构) and provide employment services(就业服务).
Article 12
Laborers shall not be discriminated against their ethnic community(民族), race, sex, or religious belief in employment.
Article 13
(1) Females shall enjoy equal rights as males in employment.
(2) It shall not be allowed, in the recruitment of staff and workers, to use sex as a pretext(以性别为由)for excluding females from employment or to raise recruitment standards for females, except for the types of work(工种) or posts that are not suitable for females as stipulated by the State.
Article 14
Where there are special stipulations in laws, rules and regulations(法规) on the employment of the disabled, the personnel of minority group, and the demobilized army(退役军人), such special stipulations shall apply.
Article 15
(1) No employing units shall be allowed to recruit juveniles under the age of 16.
(2) Units of literature and art(文艺), physical culture and sport(体育), and special arts and crafts(特种工艺) that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education(义务教育).
C-III Labor Contracts and Collective Contracts
Article 16
(1) A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition(明确)of the rights and obligations of each party.
(2) A labor contract shall be concluded where a labor relationship is to be established.
Article 17
(1) Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation (协商一致), and shall not run counter to(违反)the stipulations of laws and administrative rules and regulations.
(2) A labor contract once concluded in accordance with the law shall possess legal binding force(法律约束力). The parties involved must fulfill the obligations as stipulated in the labor contract.
Article 18
(1) The following labor contracts shall be invalid:
(a) labor contracts concluded in violation of laws or administrative rules and regulations; and
(b) labor contracts concluded by resorting to(采取) such measures as fraud and intimidation(威胁).
(2) An invalid labor contract shall have no legal binding force from the very beginning of its conclusion.
(3) Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.
(4) The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people’s court.
Article 19
(1) A labor contract shall be concluded in written form and shall contain the following clauses:
(a) term of a labor contract;
(b) content of work;
(c) labor protection and conditions of work(工作条件);
(d) labor remuneration;
(f) conditions for the termination of a labor contract; and
(g) responsibility for the violation of a labor contract.
(2) Apart from the required clauses specified in the preceding paragraph, other content in a labor contract may be agreed upon through consultation(协商约定) by the parties involved.
Article 20
(1) The term of a labor contract shall be divided into fixed term(固定期限), flexible term(无固定期限) or taking the completion of a specific amount of work(一定的工作) as a term.
(2) In case a laborer has kept working in the same employing unit for ten years or more and the parties involved agree to extend the term of the labor contract, a labor contract with a flexible term(无固定期限的劳动合同) shall be concluded between them if the laborer so requested.
Article 21
A probation period may be agreed upon in a labor contract. The longest probation period shall not exceed six months. 法律硕士张川方
Article 22
The parties involved in a labor contract may reach an agreement in their labor contract on matters concerning keeping the commercial secrets of the employing unit.
Article 23
A labor contract shall terminate upon(终止) the expiration of its term or the emergence of the conditions for the termination of the labor contract as agreed upon by the parties involved.
Article 24
A labor contract may be revoked upon(解除) agreement reached between the parties involved through consultation.
Article 25
The employing unit may revoke the labor contract with a laborer 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 labor disciplines or the rules and regulations of the employing unit;
(3) to cause great losses to the employing unit due to serious dereliction of duty(严重失职)or engagement in malpractice for selfish ends(营私舞弊); and
(4) to be investigated for criminal responsibility in accordance with the law.
Article 26
In any of the following circumstances, the employing unit may revoke a labor contract but a written notification (以书面形式通知)shall be given to the laborer 30 days in advance:
(1) where a laborer is unable to take up his original work(从事原工作) or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work(非因工负伤);
(2) where a laborer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to another post(调整工作岗位); and
the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed(发生重大变化) so that the original labor contract can no longer be carried out.
Article 27
(1) Where the employing unit comes to the brink of bankruptcy(濒临破产) and is in the process of statutory consolidation(法定整顿), or where the employing unit runs deep into difficulties(发生严重困难) in production and management, and if reduction of its personnel(裁减人员) becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions(听取意见) therefrom and reported to the labor administrative department.
(2) Where the employing unit is to recruit personnel within six months after the personnel reduction has been effected(已实现)according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed.
Article 28
The employing unit shall make economic compensations(给予经济补偿) in accordance with the relevant provisions of the State if it revokes labor contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.
Article 29
The employing unit shall not revoke the labor contract with a laborer in accordance with the stipulations in Article 26 and Article 27 of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work due to occupational diseases(职业病) or injuries suffered at work(因工负伤);
(2) to be within the prescribed period of medical treatment for diseases or injuries;
(3) to be a female staff member or worker during pregnant, puerperal(分娩的,产后的), or breast-feeding period; or
(4) other circumstances stipulated by laws or administrative rules and regulations.
Article 30
The trade union of an employing unit shall have the right to air its opinions(提出意见) if it regards as inappropriate the revocation of a labor contract by the unit. If the employing unit violates laws, rules and regulations(法规) or labor contracts, the trade union shall have the right to request for reconsideration(要求重新处理). Where the laborer applies for arbitration or institutes a lawsuit, the trade union shall render him support and assistance(给予支持和帮助) in accordance with the law. Article 31
A laborer who intends to revoke his labor contract shall give a written notice to the employing unit 30 days in advance.
Article 32
A laborer may notify at any time the employing unit of his decision to revoke the labor contract in any of the following circumstances:
(1) within the probation period;
illegal restriction of personal freedom(非法限制人身自由); or
(3) failure on the part of the employing unit to pay labor remuneration or to provide working conditions (劳动条件) as agreed upon in the labor contract.
Article 33
(1) The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labor remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.
(2) A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise. In an enterprise where the trade union has not yet been set up, such contract shall be concluded by the representatives elected by the staff and workers with the enterprise. Article 34
A collective contract shall be submitted to the labor administrative department after its conclusion. The collective contract shall go into effect automatically(即行生效) if no objections are raised by the labor administrative department within 15 days from the date of receipt of the text of the contract(合同文本).
Article 35
A collective contract 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 labor remuneration agreed upon in labor contracts concluded between individual laborers and the enterprise(职工个人与企业) shall not be lower than those as stipulated in the collective contract.
C-IV Working Hours, Rest and Vacations
Article 36
The State shall practise a working hour system(实行工时制度) under which laborers shall work for no more than eight hours a day and no more than 44 hours a week on the average.
Article 37
In the case of laborers working on the basis of piecework(计件工作), the employing unit shall rationally fix quotas of work(劳动定额) and standards on piecework remuneration(计件报酬)in accordance with the working hour system stipulated in Article 36 of this Law.
Article 38
The employing unit shall guarantee that its staff and workers have at least one day off in a week. Article 39
Where an enterprise can not follow the stipulations in Article 36 and Article 38 of this Law due to its special production nature(因生产特点), it may adopt other rules on working hours and rest with the approval of the labor administrative department.
Article 40
law during the following festivals:
(1) the New Year’s Day;
(2) the Spring Festival;
(3) the International Labor Day;
(4) the National Day; and
(5) other holidays(休假节日,节假日) stipulated by laws, rules and regulations.
Article 41
The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and laborers, but the extended working hours shall generally not exceed 1 hour a day. If such extension is called for due to special reasons, the extended working hours shall not exceed 3 hours a day under the condition that(在…的条件下) the health of laborers is guaranteed. However, the total extension in a month(每月总延时) shall not exceed 36 hours.
Article 42
The extension of working hours shall not be subject to restriction 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(发生) natural disasters, accidents or other reasons that threaten the life, health and the safety of property of laborers;
(2) where prompt rush repair(及时抢修) is needed in the event of breakdown(发生故障) of production equipments, transportation lines or public facilities that affects production and public interests; and
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Article 43
The employing unit shall not extend working hours of laborers in violation of the provisions of this Law.
Article 44
The employing unit shall, according to the following standards, pay laborer remunerations higher than those for normal working hours under any of the following circumstances:
(1) to pay no less than 150 percent of the normal wage if the extension of working hours is arranged;
(2) to pay no less than 200 percent of the normal wage if the extended hours are arranged on days of rest(休息日) and no deferred rest can be taken(不能安排补休); and
(3) to pay no less than 300 percent of the normal wages if the extended hours are arranged on statutory holidays(法定休假日).
Article 45
The State shall practise a system of annual vacation with pay(带薪年休假制度). Laborers who have kept working for one year and more in one enterprise shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.
C-V Wage
(1) The distribution of wage shall follow the principle of distribution according to work(按劳分配) and equal pay for equal work.
(2) The level of wage shall be gradually raised on the basis of economic development. The State shall exercise macro-regulation and control(宏观调控) over the total payroll(工资总量).
Article 47
The employing unit shall independently determine(自主确定) its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its production and business and economic results(经济效益).
Article 48
(1) The State shall implement a system of guaranteed minimum wages(最低工资保障制度). Specific standards on minimum wages shall be determined by the People’s government of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record(备案).
(2) Wages paid to laborers by the employing unit shall not be lower than the local standards on minimum wages(当地最低工资标准).
Article 49
The determination and adjustment of the standards on minimum wages shall be made with reference to(参考) the following factors in a comprehensive manner:
(1) the lowest living expenses of laborers themselves and the average family members they support(平均赡养人口);
(2) the average wage level of the society as a whole;
(3) labor productivity(劳动生产率);
(4) the situation of employment; and
(5) the different levels of economic development between regions.
Article 50
Wages shall be paid monthly to laborers themselves in the form of currency. Wages paid to laborers shall not be deducted or delayed without justification(无故拖欠).
Article 51
The employing unit shall pay wages according to law to laborers who observe statutory holidays(在法定休假日), take leaves during the period of marriage or funeral(在婚丧假期间), or participate in social activities in accordance with law.
C-VI Occupational Safety and Health
Article 52
The employing unit must establish and perfect the system for occupational safety and health(劳动安全卫生), strictly implement the rules and standards(规程和标准) of the State on occupational safety and health, educate laborers on occupational safety and health, prevent accidents in the process of work, and reduce occupational hazards(职业危害).
Article 53
(2) Facilities for occupational safety and health installed in a new, rebuilt or expanded project must be designed, constructed and put into operation and use at the same time as the main project.
Article 54
An employing unit must provide laborers with occupational safety and health conditions conforming to the provisions of the State and necessary articles for labor protection(劳动防护用品), and provide regular health examinations(定期进行健康检查) for laborers engaged in work with occupational hazards.
Article 55
Laborers to be engaged in special operations(特种作业) must receive specialized training(专门培训) and acquire qualifications for such special operations.
Article 56
(1) Laborers must strictly abide by rules of safe operation(安全操作规程) in the process of their work.
(2) Laborers shall have the right to refuse to operate if the management personnel of the employing unit command the operation in violation of rules and regulations(违章指挥) or force laborers to run risks in operation(强令冒险作业). Laborers shall have the right to criticize, report or file charges against(控告) the acts endangering the safety of their life and health.
Article 57
The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths(伤亡事故), and cases of occupational diseases(职业病状况). The labor administrative department and other relevant departments of the people’s government at or above the county level and the employing unit shall, according to law, compile statistics(进行统计), report and dispose of accidents of injuries and deaths that occurred in the process of their work and cases of occupational diseases.
C-VII Special Protection for Female and Juvenile Workers
Article 58
(1) The State shall provide female workers and juvenile workers with special labor protection.
(2) “Juvenile workers” hereby refer to laborers above the age of 16 but under the age of 18.
Article 59
It is prohibited to arrange female workers to engage in work down the pit of mines(矿山井下劳动), or work with Grade IV physical labor intensity(从事第四级体力劳动强度劳动) as stipulated by the State, or other work that female workers should avoid(禁忌从事).
Article 60
During their menstrual period(经期), female workers shall not be arranged to engage in work high above the ground, under low temperature, or in cold water(高处、低温、冷水作业) or work with Grade III physical labor intensity as stipulated by the State.
Article 61
physical labor intensity as stipulated by the State or other work that they should avoid in pregnancy. Female workers pregnant for seven months or more shall not be arranged to extend their working hours or to work night shifts(夜班劳动).
Article 62
After childbirth, female workers shall be entitled to no less than ninety days of maternity leave with pay(带薪产假).
Article 63
During the period of breast-feeding(哺乳期间)their babies less than one year old, female workers shall not be arranged to engage in work with Grade III physical labor intensity as stipulated by the State or other labor that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts.
Article 64
No juvenile workers shall be arranged to engage in work down the pit of mines, work that is poisonous or harmful, work with Grade IV physical labor intensity as stipulated by the State, or other work that they should avoid.
Article 65 An employing unit shall provide regular health examinations to juvenile workers.
C-VIII Vocational Training
Article 66
The State shall take various measures through various channels to expand vocational training undertakings(职业培训事业) so as to develop professional skills of laborers, improve their quality, and raise their employment capability(就业能力) and working ability(工作能力).
Article 67
The people’s government at various levels shall incorporate the development of vocational training in the plan of social and economic development, encourage and support all enterprises, institutional organizations, societies and individuals, where conditions permit(有条件的), to sponsor all kinds of vocational training(进行各种形式的职业培训).
Article 68
An employing unit shall establish a system for vocational training, raise and use(提取和使用) funds for vocational training in accordance with the provisions of the State, and provide laborers with vocational training in a planned way and in the light of(根据) the actual situation of the unit. Laborers to be engaged in technical work(技术工种) must receive pre-job training(岗前培训) before taking up their posts.
Article 69
The State shall determine occupational classification(职业分类), set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates(职业资格证书). Examination and verification organizations(考核鉴定机构)authorized by the government are in charge of the examination and verification of the professional skills(职业技
C-IX Social Insurance and Welfare
Article 70
The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so that laborers may receive assistance and compensations under such circumstances as old age(年老), illness(患病), work-related injury(工伤), unemployment and child-bearing(生育).
Article 71
The level of social insurance shall be in proportion to(相适应) the level of social and economic development and the social affordability(社会承受能力).
Article 72
The sources of social insurance funds shall be determined according to the categories of insurance(保险类型), and an overall pooling(统筹) of insurance funds from the society shall be introduced step by step(逐步实行). The employing unit and laborers must participate in social insurance and pay social insurance premiums in accordance with the law.
Article 73
(1) Laborers shall, in accordance with the law, enjoy social insurance benefits(享受社会保险待遇) under the following circumstances: retirement, illness or injury, injury or disability caused by work(因工伤残) or occupational disease, unemployment, and child-bearing.
(2) The survivors of the insured laborers shall be entitled to subsidies for survivors(遗属津贴) in accordance with the law.
(3) The conditions and standards for laborers to enjoy social insurance benefits shall be stipulated by laws, rules and regulations.
(4) The social insurance amount(社会保险金)that laborers are entitled to must be paid on time and in full.
Article 74
(1) The agencies in charge of(经办机构) social insurance funds shall collect, expend, manage and operate the funds in accordance with the stipulations of laws, and assume the responsibility to maintain and raise the value(保值增值) of these funds.
(2) The supervisory organizations(监督机构) of social insurance funds shall exercise supervision over the revenue and expenditure, management and operation of social insurance funds in accordance with the stipulations of laws.
(3) The establishment and function of the agencies in charge of and the supervisory organizations of social insurance funds shall be stipulated by laws.
(4) No organization or individual shall be allowed to misappropriate(挪用) social insurance funds. Article 75
The State shall encourage the employing unit to set up supplementary insurance(补充保险) for laborers according to its practical situations(实际情况). The State shall advocate that laborers practise individual insurance in the form of savings account(储蓄性保险).
The State shall develop social welfare undertakings, construct public welfare facilities, and provide laborers with conditions for taking rest, recuperation and rehabilitation(休息、休养和疗养). The employing unit shall create conditions so as to improve collective welfare(改善集体福利) and raise welfare benefits of laborers.
C-X Labor Disputes
Article 77
Where a labor dispute between the employing unit and the laborer takes place, the parties concerned may apply for mediation or arbitration, take legal proceedings(提起诉讼), or seek for a settlement through consultation(协商解决). The principle of mediation shall apply to the procedures of arbitration and lawsuit.
Article 78
The settlement of a labor dispute shall follow the principle of legality, fairness and promptness so as to safeguard in accordance with the law the legitimate rights and interests of the parties involved. Article 79
(1) Where a labor dispute takes place, the parties involved may apply to the labor dispute mediation committee of their unit for mediation(本单位劳动争议调解委员会). If the mediation fails and either party requests for arbitration, that party may apply to the labor dispute arbitration committee for arbitration.
(2) Either party may also directly apply to the labor dispute arbitration committee for arbitration. If either party is not satisfied with the adjudication of arbitration(仲裁裁决), the party may bring the case to the people’s court.
Article 80
A labor dispute mediation committee may be established inside an employing unit. The committee shall be composed of representatives of the staff and workers, representatives of the employing unit, and representatives of the trade union. The chairman of the committee shall be held by(由…担任) a representative of the trade union. An agreement reached on labor disputes through mediation shall be implemented by the parties involved.
Article 81
A labor dispute arbitration committee shall be composed of representatives of the labor administrative department, representatives from the trade union at the corresponding level(同级工会), and representatives of the employing unit. The chairman of the committee shall be held by a representative of the labor administrative department.
Article 82
The party that requests for arbitration shall file a written application to the labor dispute arbitration committee within 60 days from the date of the occurrence of a labor dispute. The arbitration committee shall generally make an adjudication(作出仲裁裁决) within 60 days from the date of receiving the application. The parties involved must implement the adjudication if no objections are raised.
Where a party involved in a labor dispute is not satisfied with the adjudication, the party may bring a lawsuit to the people’s court within 15 days from the date of receiving the ruling of arbitration(仲裁裁决). Where either party involved neither brings a lawsuit nor implements the adjudication of arbitration within the statutory time limit, the other party may apply to the people’s court for compulsory implementation.
Article 84
(1) Where a dispute arises from the conclusion of a collective contract and no settlement can be reached through consultation by the parties concerned, the labor administrative department of the local people’s government may organize the relevant parties to handle the case in coordination(协调处理).
(2) Where a dispute arises from the implementation of a collective contrac t and no settlement can be reached through consultation by the parties concerned, the dispute may be submitted to the labor dispute arbitration committee for arbitration(申请仲裁). Any party that is not satisfied with the adjudication of arbitration may bring a lawsuit to the people’s court within 15 days from the date of receiving the adjudication.
C-XI Supervision and Inspection
Article 85
The labor administrative department of the people’s government at or above the county level shall, in accordance with the law, supervise and inspect the implementation of laws, rules and regulations on labor by the employing unit, and have the power to stop any act that runs counter to (违反)laws, rules and regulations on labor and order the rectification(责令改正) thereof.
Article 86
(1) The inspectors from the labor administrative department of the people’s government at or above the county level shall, while performing their public duties(执行公务时), have the right to enter an employing unit to make investigations about the implementation of laws, rules and regulations on labor, consult necessary data and examine the labor site.
(2) The inspectors from the labor administrative department of the people’s government at or above the county level must show their credentials while performing their public duties, impartially enforce laws(秉公执法), and abide by relevant stipulations.
Article 87
The relevant departments of the people’s government at or above the county level shall, within the scope of their respective duties and responsibilities(各自的职责), supervise the implementation of laws, rules and regulations on labor by the employing unit.
Article 88
Trade unions at various levels(各级工会)shall, in accordance with the law, safeguard the legitimate rights and interests of laborers, and supervise the implementation of laws, rules and regulations on labor by employing units. Any organization or individual shall have the right to report and accuse any act in violation of laws, rules and regulations on labor.
C-XII Legal Liability
Where the rules and regulations on labor formulated by the employing unit run counter to the provisions of laws, rules and regulations, the labor administrative department shall give a warning(给予警告) to the unit, order it to make corrections; where any harm has been caused to the laborer, the unit shall be liable for the compensation.
Article 90
Where an employing unit extends working hours of laborers in violation of the stipulations of this Law, the labor administrative department shall give it a warning, order it to make corrections, and may also impose a fine.
Article 91
Where an employing unit infringes in any of the following circumstances the legitimate rights and interests of laborers, the labor administrative department shall order it to pay laborers remuneration or to make up for economic losses(进行经济补偿), and may also order it to pay compensations(支付赔偿金):
(1) to deduct wages or delay in paying wages(拖欠工资) to laborers without justifications;
(2) to refuse to pay laborers remuneration for the extended working hours;
(3) to pay laborers wages below the local standard on the minimum wage; or
(4) to fail to provide laborers with economic compensations(经济补偿) in accordance with the provisions of this Law after revocation of labor contracts. 2012-7-26 9:37:17
Article 92
Where the occupational safety facilities and health conditions(劳动安全设施和劳动卫生条件) of an employing unit do not comply with the provisions of the State or the unit fails to provide laborers with necessary labor protection articles(劳动防护用品) and labor protection facilities(劳动保护设施), the labor administrative department or other relevant departments shall order it to make corrections, and may impose a fine(可以处以罚款). If the circumstances are serious, the above-said departments shall apply to the people’s government at or above the county level for a decision to order the unit to stop production for consolidation(停产整顿). If the unit fails to take measures against potential accident(事故征候) which later leads to the occurrence of a serious accident causing losses to laborers’ life and property, criminal responsibility shall be investigated against the liable person(责任人员) mutatis mutandis(依照)the relevant stipulations of the Criminal Law.
Article 93
Where an employing unit forces laborers to operate with risks in violation of the rules and regulations(强令劳动者违章冒险作业), thus causing a major accident of injuries and deaths and serious consequences, criminal responsibility of the person in charge(责任人员) shall be investigated according to the law.
Article 94
Where an employing unit illegally recruits juveniles under the age of 16, the labor administrative department shall order it to make corrections and impose a fine. If the circumstances are serious, the administrative department for industry and commerce(工商行政管理部门) shall revoke its business license.
Where an employing unit encroaches upon(侵害) the legitimate rights and interests of female or juvenile workers in violation of the stipulations of this Law on their protection, the labor administrative department shall order it to make corrections and impose a fine. If harms to female or juvenile workers have been caused, the unit shall assume the responsibility for compensations(承担赔偿责任).
Article 96
Where an employing unit commits one of the following acts, the person in charge shall be taken by the public security organ into custody(拘留)for 15 days or less, fined, or given a warning; criminal responsibility shall be investigated against the person in charge according to the law if the act constitutes a crime:
(1) forcing laborers to work by resorting to violence, intimidation or illegal restriction of personal freedom; or
(2) humiliating, giving corporal punishment(体罚) to, assaulting(殴打), illegally searching or detaining laborers.
Article 97
The employing unit shall bear the responsibility for compensation if the conclusion of any invalid contract is attributed to the unit and has caused damages to the laborer.
Article 98
The employing unit that revokes labor contracts in violation of the conditions specified in this Law or purposely delays the conclusion of labor contracts shall be ordered by the labor administrative department to make corrections and shall bear the responsibility for compensation if damages have been caused to the laborers.
Article 99
The employing unit that recruits laborers whose labor contracts have not yet been revoked shall, according to law, assume joint responsibility(承担连带责任) for compensation if economic losses have been caused to the original employing unit of the laborers.
Article 100
The employing unit that fails to pay social insurance premiums without justifications shall be ordered by the labor administrative department to pay within a fixed period of time. If the unit still fails to make the payment beyond the time limit, an additional arrears payment(滞纳金) may be demanded.
Article 101
Where an employing unit unjustifiably obstructs the labor administrative department and other relevant departments as well as their personnel from exercising the power of supervision and inspection or retaliates the informers(打击报复举报人员), the labor administrative department or other relevant departments shall impose a fine upon the unit. If a crime is constituted, the person in charge shall be investigated for criminal responsibility according to the law.
Article 102
terms on secret-keeping matters(保密事项) agreed upon in the labor contracts, thus causing economic losses to the employing unit shall be liable for compensation in accordance with the law.
Article 103
The functionaries of the labor administrative department or other relevant departments who abuse their functions and powers(滥用职权), neglect their duties, and engage in malpractices for selfish ends(徇私舞弊), shall be investigated for criminal responsibility according to law if a crime is constituted, or shall be given an administrative sanction if the offences do not yet constitute a crime.
Article 104
The functionaries of the State or the agency in charge of social insurance funds(社会保险基金经办机构) who misappropriate the social insurance funds shall be investigated for criminal responsibility according to law if a crime is constituted.
Article 105
Where other laws or administrative rules and regulations have already specified punishments for the encroachment(侵害) of the legitimate rights and interests of laborers, which also violates the stipulations of this Law, punishments shall be given in accordance with the stipulations of those laws or administrative rules and regulations.
C-XII Supplementary Provisions
Article 106
The people’s government of provinces, autonomous regions and municipalities directly under the Central Government shall work out the implementing measures(实施步骤) for the labor contract system(劳动合同制度) according to this Law and in light of their local conditions, and report the measures to the State Council for the record(备案).
Article 107 This Law shall become effective as of January 1, 1995. 2012-7-26 15:09:09
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。
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 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。
(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 第四章劳动合同的解除和终止 第五章特别规定 第一节集体合同 第二节劳务派遣 第三节非全日制用工 第六章监督检查 第七章法律责任 第八章附则 第一章总则 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。 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。 第三条订立劳动合同,应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。
依法订立的劳动合同具有约束力,用人单位与劳动者应当履行劳动合同约定的义务。 第四条用人单位应当依法建立和完善劳动规章制度,保障劳动者享有劳动权利、履行劳动义务。 用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时,应当经职工代表大会或者全体职工讨论,提出方案和意见,与工会或者职工代表平等协商确定。 在规章制度和重大事项决定实施过程中,工会或者职工认为不适当的,有权向用人单位提出,通过协商予以修改完善。 用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示,或者告知劳动者。 第五条县级以上人民政府劳动行政部门会同工会和企业方面代表,建立健全协调劳动关系三方机制,共同研究解决有关劳动关系的重大问题。 第六条工会应当帮助、指导劳动者与用人单位依法订立和履行劳动合同,并与用人单位建立集体协商机制,维护劳动者的合法权益。 第二章劳动合同的订立 第七条用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。 第八条用人单位招用劳动者时,应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬,以及劳动者要求了解的其他情况;用人单位有权了解劳动者与劳动合同直接相关的基本情况,劳动者应当如实说明。
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 Labor contract in Chinese and English 合同编号:XX-2020-01 甲方:___________________________乙方:___________________________ 签订日期:____ 年 ____ 月 ____ 日
劳动合同中英文 前言:劳动合同是指劳动者与用人单位之间确立劳动关系,明确双方权利和义务的 协议。订立和变更劳动合同,应当遵循平等自愿、协商一致的原则,不得违反法律、行政法规的规定。劳动合同依法订立即具有法律约束力,当事人必须履行劳动合同 规定的义务。本文档根据劳动合同内容要求和特点展开说明,具有实践指导意义, 便于学习和使用,本文档下载后内容可按需编辑修改及打印。 甲方(用人单位)名称:Name of Party A (Employer): 住所Address: 法定代表人(或主要负责人):Legal Representative (or Principal Responsible Person): 乙方:(劳动者)姓名Name of Party B (Employee): 性别:Sex 居民身份证号:ID Card No: 文化程度:Education Background 住址: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》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。
The Parties, intending to be bound hereby, agree to enter into this Employment Contract on the basis of equality, free will and mutual consultation pursuant to the Labor Law of the People’s Republic of China (“PRC”), the Employment Contract Law of the PRC and other laws, regulations and rules. 第一条劳动合同类型及期限 Article 1 Type and Term of the Employment Contract 一、劳动合同类型及期限按下列第项确定。 1.The type and term of the Employment Contract shall be determined as set forth in Item ___ below: 1、固定期限:自年月日起至年月日止。 (1) Fixed Term: From ____ to ________; 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。
劳动法 一、名词解释: 1劳动合同:是劳动者和用人单位之间明确劳动权利义务,规范劳动合同订立、履行、变更、解除和终止行为的协议。 2劳务派遣:是指劳务派遣单位与劳动者签订劳动合同,与用工单位签订劳务派遣协议,将劳动者派遣至用工单位从事约定的生产劳动的一种用工形式。 3人事代理:是指依法经批准成立的人事代理机构,在规定的业务范围内,接受单位或者个人的委托,依法代理有关人事管理、服务工作。 4事实劳动关系:是指用人单位与劳动者虽然没有订立书面劳动合同,但双方实际履行了劳动法所规定的劳动权利义务而形成的劳动关系。 5综合计算工作日:是指用人单位根据生产和工作特点,分别采取以周、月、季、年等为周期综合计算劳动者工作时间的一种用工形式。 6劳动争议:亦称劳动纠纷、劳资纠纷,是指劳动者与用人单位以及用人单位与工会之间围绕劳动权利、义务所产生的纠纷。 7劳动争议仲裁:是指劳动争议仲裁委员会对用人单位与劳动者之间发生的劳动争议,在查明事实、明确是非、分清责任的基础上,依法做出裁决的活动。(仲裁是必经程序) 8非全日制用工:俗称小时工,是指以小时计酬为主,劳动者在同一用人单位一般平均每日工作时间不超过四小时,每周工作时间累计不超过二十四小时的用工形式。 二、简答 1劳动合同终止的法定情形(背划下划线的即可) 有下列情形之一的,劳动合同终止: (一)劳动合同期满的;这里包括固定期限劳动合同期满和以完成一定工作任务为期限的劳动合同期满。固定期限劳动合同终止,用人单位需支付经济补偿,这是对劳动法的一个很大的突破。 (二)劳动者开始依法享受基本养老保险待遇的;特别注意:达到退休年龄劳动合同不一定终止,开始依法享受基本养老保险待遇(依法参加了养老保险且个人缴费年限或视同缴费年限至少15年)才可终止。 如果劳动者已经开始依法享受基本养老保险待遇,但劳动者愿意,用人单位也需要他继续在本单位工作的,此时双方之间形成劳务关系而非劳动关系。 (三)劳动者死亡,或者被人民法院宣告死亡或者宣告失踪的; (四)用人单位被依法宣告破产的;此情形劳动合同终止用人单位需支付经济补偿。(五)用人单位被吊销营业执照、责令关闭、撤销或者用人单位决定提前解散的;此情形劳动合同终止用人单位需支付经济补偿。 (六)法律、行政法规规定的其他情形。 ☆特别提醒☆:签订以完成一定工作任务为期限的劳动合同,合同终止用人单位无需支付经济补偿金,终止非全日制用工用工,用人单位不向劳动者支付经济补偿。
中华人民共和国劳动法 1994年7?5?第?届全国?民代表?会常务委员会第?次会议通过 1994年7?5?中华?民共和国主席令第???号公布 ?1995年1?1?起施? 第一章 总 则 第?条 为了保护劳动者的合法权益,调整劳动关系,建?和维护适应社会主义市场经济的劳动制度,促进经济发展和社会进步,根据宪法,制定本法。 第?条 在中华?民共和国境内的企业、个体经济组织(以下统称??单位)和与之形成劳动关系的劳动者,适?本法。 国家机关、事业组织、社会团体和与之建?劳动合同关系的劳动者,依照本法执?。 第三条 劳动者享有平等就业和选择职业的权利、取得劳动报酬的权利、休息休假的权利、获得劳动安全卫?保护的权利、接受职业技能培训的权利、享受社会保险和福利的权利、提请劳动争议处理的权利以及法律规定的其他劳动权利。 劳动者应当完成劳动任务,提?职业技能,执?劳动安全卫?规程,遵守劳动纪律和职业道德。 第四条 ??单位应当依法建?和完善规章制度,保障劳动者享有劳动权利和履?劳动义务。 第五条 国家采取各种措施,促进劳动就业,发展职业教育,制定劳动标准,调节社会收?,完善社会保险,协调劳动关系,逐步提?劳动者的?活?平。 第六条 国家提倡劳动者参加社会义务劳动,开展劳动竞赛和合理化建议活动,?励和保护劳动者进?科学研究、技术?新和发明创造,表彰和奖励劳动模范和先进?作者。 第七条 劳动者有权依法参加和组织?会。 ?会代表和维护劳动者的合法权益,依法独??主地开展活动。 第?条 劳动者依照法律规定,通过职??会、职?代表?会或者其他形式,参与民主管理或者就保护劳动者合法权益与??单位进?平等协商。 第九条 国务院劳动?政部门主管全国劳动?作。
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。
劳动法自1995年1月1日起没有修改过,只有劳动合同法在2008年修改过 中华人民共和国劳动法 第一章总则 第二章促进就业 第三章劳动合同和集体合同 第四章工作时间和休息休假 第五章工资 第六章劳动安全卫生 第七章女职工和未成年工特殊保护 第八章职业培训 第九章社会保险和福利 第十章劳动争议 第十一章监督检查 第十二章法律责任 第十三章附则 《中华人民共和国劳动法》已由中华人民共和国第八届全国人民代表大会常务委员会第八次会议于1994年7月5日通过,现予公布,自1995年1月1日起施行。 第一章总则 第一条为了保护劳动者的合法权益,调整劳动关系,建立和维护适应社会主义市场经济的劳动制度,促进经济发展和社会进步,根据宪法,制定本法。 第二条在中华人民共和国境内的企业、个体经济组织(以下统称用人单位)和与之形成劳动关系的劳动者,适用本法。 第三条劳动者享有平等就业和选择职业的权利、取得劳动报酬的权利、休息休假的权利、获得劳动安全卫生保护的权利、接受职业技能培训的权利、享受社会保险和福利的权利、提请劳动争议处理的权利以及法律规定的其他劳动权利。 劳动者应当完成劳动任务,提高职业技能,执行劳动安全卫生规程,遵守劳动纪律和职业道德。 第四条用人单位应当依法建立和完善规章制度,保障劳动者享有劳动权利和履行劳动义务。 第五条国家采取各种措施,促进劳动就业,发展职业教育,制定劳动标准,调节社会收入,完善社会保险,协调劳动关系,逐步提高劳动者的生活水平。 第六条国家提倡劳动者参加社会主义义务劳动,开展劳动竞赛和合理化建议活动,鼓励和保护劳动者进行科学研究、技术革新和发明创造,表彰和奖励劳动模范和先进工作者。 第七条劳动者有权依法参加和组织工会。 工会代表和维护劳动者的合法权益,依法独立自主地开展活动。 第八条劳动者依照法律规定,通过职工大会、职工代表大会或者其他形式,参与民主管理或者就保护劳动合法权益与用人单位进行平等协商。 第九条国务院劳动行政部门主管全国劳动工作。 县级以上地方人民政府劳动行政部门主管本行政区域内的劳动工作。
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
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。
编号: 劳动合同书 甲方(用人单位)名称: 经济类型: 单位代码: 法定代表人或(主要负责人)姓名: 单位地址: 联系电话: 乙方(劳动者)姓名: 性别: 身份证号码: 户口住址: 现住址: 联系电话:
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,甲乙双方遵循合法、公平、平等自愿、协商一致、诚实信用的原则订立本劳动合同,双方应当依法遵守本劳动合同所列条款。 一、合同类型和期限 第一条甲、乙双方选择以下第种形式确定本合同期限: (一)固定期限:自年月日起至年月日止,其中试用期自年月日至年月日止。 (二)无固定期限:自年月日起至法定终止条件出现时止,其中试用期自年月日至年月日止。 (三)以完成一定的工作任务为期限:自年月日至 工作任务完成时即行终止。二、工作内容和工作地点 第二条根据甲方工作需要,乙方同意从事岗位(工种) 工作,担任职务。工作地点位于。经甲、乙双方协商同意,可以变更工作岗位(工种)和工作地点。 三、工作时间和休息休假 第三条甲方实行每天工作8小时,每周工作40小时标准工时制度,不能实行标准工时制度的,经劳动保障部门审批同意后,可以实行综合计算工时制或不定时工作制。因工作需要乙方加班或延长工作时间的,甲方应依法支付乙方加班工资或安排补休。乙方依法享受国家规定的法定假期。 四、劳动报酬 第四条乙方试用期的工资标准为元/月,于每月日支付。
第五条乙方在试用期的工资不得低于本单位相同岗位最低档工资或者劳动合同约定工资的百分之八十,并不得低于当地的最低工资标准。 第六条乙方试用期满后,甲方应根据本单位的工资制度,确定乙方工资标准为元/月,于每月日支付。 第七条甲方应以法定货币形式按月足额支付乙方工资,不得克扣或无故拖欠。第八条乙方在法定工作时间内履行了正常劳动义务的,甲方支付乙方工资,不得低于当地的最低工资标准。 五、社会保险 第九条甲方应按国家有关社会保险的法律、法规和政策规定为乙方缴纳社会保险费;社会保险费个人缴纳部分,甲方应从乙方工资中代扣代缴。 甲乙双方解除、终止劳动合同时,甲方应按有关规定为乙方办理社会保险的相关转移手续。 六、劳动保护、劳动条件和职业危害防护 第十条甲方应严格执行国家和地方有关劳动保护和职业危害防护的法律、法规和规章,为乙方提供符合国家规定的劳动条件、必要的劳动防护用品和劳动工具,督促乙方遵守操作规程、工作规范、劳动安全和职业卫生制度及其标准。第十一条对乙方从事接触职业病危害的作业的,甲方应将工作过程中可能产生的职业病危害及其后果、职业病防护措施和待遇等如实告知乙方,不得隐瞒或者欺骗。甲方应按国家有关规定组织乙方在离岗前进行职业健康检查,并将检查结果如实告知乙方。 第十二条乙方有权拒绝执行甲方的违章指挥,对甲方及其管理人员漠视乙方安全健康的行为,有权提出批评并向有关部门检举控告。 第十三条乙方应当遵守职业病防治法律、法规、规章和操作规程,正确使用
巴基斯坦劳动法——Pakistan employment laws 2014-11-24 翻译笔记 Page 1Employement Regulations劳动法规 新词汇与短语 parameter[p?'r?m?t?r] 决定因素,参量 grievance['ɡri?v?ns] 委屈,冤情 redress[r?'dres] 赔偿,救济,缓解;纠正,补偿,革除,惩罚 ratified['r?t?fa?d] 批准的,认可的 enlighten[?n'la?tn] 启发,开导,教导 forum['f??r?m] 论坛 the redress of workers' grievances. 缓解工人申诉 in force 生效,实施 at issue 在争论中 concurrent [k?n'k?r?nt] 同时发生的 Constitution [?k?nst?'tju???n] 宪法 Federal and Provincial Government 联邦与省级政府 Uniformity [?ju?n?'f??m?ti] 一样,同样 Workers Employers Bilateral [?ba?'l?t?r?l](双边的)Council of Pakistan(WEBOP)巴基斯坦劳资双边委员会 实用句式: 1、WEBOP has been established which facilitates [f?'s?l?te?t](使。。。更容易,帮助)the resolution of issues relating to bilateral rights. 委员会的成立有利于解决有关劳资双方权利问题。 2、The total labor force of Pakistan is comprised of approximately[?'prɑ?ks?m?tli]37.15 million people, with 47% within the agriculture sector['sekt?r](部分,部门,区域), 10.50% in the manufacturing and mining['ma?n??](采矿,矿业)sector and remaining 42.50% in various other professions. 巴基斯坦的劳动力总量大约有3715万人口,其中农业占47%,制造业与采矿业占10.50%,其他各种不同的行业占剩下的42.50%。