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1、精选优质文档-倾情为你奉上 Law of the peoples republic of china on employment contractsAdopted at the 28th session of the Standing Committee of the 10th National Peoples Congress on June 29,2007Effective from January 1,2008CHAPTER 1 GENERAL PROVISIONSArticle 1This law has been formulated in order to improve the
2、employment contract system，to specify the rights and obligations of the parties to employment contracts , to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships.Article 2This law governs the establishment of employment relation
3、ships between , and the conclusion , performance , amendment , termination and ending of employment contracts by , organizations such as enterprises , individual economic organizations and private non-enterprise units in the peoples republic of china (“Employers”)on the one hand and employees in the
4、 peoples republic of china on the other hand.The conclusion, performance , amendment ,termination and ending of employment contracts by state authorities , institutions or social organizations on the one hand and employees with whom they establish employment relationships on the other hand , shall b
5、e handled pursuant to this law .Article 3The conclusion of employment contracts shall comply with the principles of lawfulness , fairness , equality ,free will , negotiated consensus and good faith.A lawfully concluded employment contract is binding ,and both the employer and the employee shall perf
6、orm their respective obligations stipulated therein.Article 4Employers shall establish employment internal rules and regulations , so as to ensure that employees enjoy their labor rights and perform their labor obligations.When an employer formulates , revises or decides on rules and regulations , o
7、r material maters, that have bearing on the immediate interests of its employees , such as those concerning compensation , work hours , rest, leave , work safety and hygiene , insurance ,benefits , employee training ,work discipline or work quota management ,the same shall be discussed by the employ
8、ee representative congress or all the employees , The employee representative congress or all the employees , as the case may be ,shall put forward a proposal and comments ,whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a
9、basis of equality.If, during the implementation of an employers rule or regulation or decision on a crucial matter, the trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to communicate such opinion to the employer ,and the rule ,regulation or decision
10、shall be improved by making amendments after consultations.Rules and regulations, and decisions on material matters , that have a direct bearing on the immediate interests of employees shall be made public or communicated to the employees by the employer.Article 5 The labor administration authoritie
11、s of peoples Governments at the county level and above ,together with the Trade union and enterprise representatives ,shall establish a comprehensive tri-partite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relat
12、ionships .Article 6A Trade union shall assist and guide employees in the conclusion of employment contracts with their employer and the performance there of in accordance with the law ,and establish a collective bargaining mechanism with the employer in order to safeguard the lawful rights and inter
13、ests of employees.CHAPTER 2CONCLUSION OF EMPLOYMENT CONTRACTSArticle 7 An employers employment relationship with a Employee is established on the date it starts using the Employee .An Employee shall keep a register of employees , for reference purposes.Article 8When an employer hires a Employee , it
14、 shall truthfully inform him as to the content of the work , the working conditions , the place of work ,occupational hazards ,production safety conditions , labor compensation and other matters which the Employee requests to be informed about , The Employer has the right to learn form the Employee
15、basic information which directly relates to employment contract ,and the Employee shall truthfully provide the same.Article 9 When hiring a Employee , an Employer may not retain the Employees resident ID card or other papers , nor may it require him to provide security or collect form him under some
16、 other guise .Article 10 To establish an employment relationship , a written employment contract shall be concluded .In the event that no written employment contract was concluded at the time of establishment of an employment relationship ,a written employment contract shall be concluded within one
17、month after the date on which the Employer starts using the Employee.Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee ,the employment relationship shall be established on the date on which Employer starts using the Employee .Article 11 In
18、 the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him , and it is not clear what labor compensation was agreed upon with the Employee , the labor compensation of the new Employee shall be decided pursuant to the rate specified i
19、n the collective contract ;where there is no collective contract or the collective contract is on the matter , equal pay shall be given for equal work.Article 12Employment contracts are divided into fixed-term employment contracts , open-ended employment contracts and employment contracts to expire
20、upon completion of a certain job .Article 13A “fixed-term employment contract”is an employment contract whose ending date is agreed upon by the Employer and Employee.An Employer and a Employee may conclude a fixed-term employment contract upon reaching a negotiated consensus .Article 14 An “open-end
21、ed employment contracts” is an employment contract for which the Employer and the Employee have agreed not to stipulate a definite ending date . An Employer and a Employee may conclude an open-ended employment contract upon reaching a negotiated consensus .If a Employee proposes or agrees to renew h
22、is employment contract or to conclude an employment contract in any of the following circumstances , an open-ended employment contract shall be concluded , unless the Employee requests the conclusion of a fixed-term employment contract :(1) The Employee has been working for the Employer for a consec
23、utive period of not less than 10 years;(2) when his Employer introduces the employment contract system or the state owned enterprise that employs him re-concludes its employment contracts as a result of restructuring , the Employee has been working for the Employer for a consecutive period of not le
24、ss than 10 years and is less than 10years away form his legal retirement age ; or (3) prior to the renewal , a fixed-term employment contract was concluded on two consecutive occasions and the Employee is not characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of
25、Article 40 hereof .If an Employer fails to conclude a written employment contract with a Employee within one year form the date on which it starts using the Employee , the Employer and the Employee shall be deemed to have concluded an open-ended employment contract .Article 15 An “employment contrac
26、t with a term to expire upon completion of a certain job ” is an employment contract in which the Employer and the Employee have agreed that the completion of a certain job is the term of the contract.An Employer and a Employee may , upon reaching a negotiated consensus , conclude an employment cont
27、ract with a term to expire upon completion of a certain job .Article 16 An employment contract shall become effective when the Employer and the Employee have reached a reached a negotiated consensus there on and each of them has signed or sealed the text of such contract .The Employer and the Employ
28、ee shall each hold one copy of the employment contract .Article 17An employment contract shall specify the following matters :(1) The name , domicile and legal representative or main person in charge of the Employer ;(2) The name ,domicile and number of the resident ID card or other valid identity d
29、ocument of the Employee ;(3) The term of the employment contract ;(4) The job des cription and the place of work ;(5) Working hours ,rest and leave ;(6) Labor compensation ;(7) Social insurance ;(8) Labor protection , working conditions and protection against occupational hazards ; and (9) Other mat
30、ters which laws and statutes require to be included in employment contracts .In addition to the requisite terms mentioned above ,an Employer and a Employer may agree to stipulate other matters in the employment contract ,such as probation period , training, confidentiality supplementary insurance an
31、d benefits , etc .Article 18If a dispute arises due to the fact that the rate or standards for labor compensation or working conditions , etc. are not explicitly specified in the employment contract ,the Employer and the Employee may renegotiate . If the negotiations are unsuccessful , the provision
32、s of the collective contract shall apply .If there is no collective contract or the collective contract is silent on the issue of labor compensation , equal pay shall be given for equal work ; if there is no collective contract or the collective contract is silent on the issue of working conditions
33、, the relevant regulations of the state shall apply.Article 19If an employment contract has a term of not less than three months hut less than one year ,the probation period may not exceed one month ; if an employment contract has a term of more than one year and less than three years , the probatio
34、n period may not exceed two months ; and if an employment contract has a term of not less than three year or is open-ended , the probation period may not exceed six months .An Employer may stipulate only one probation period with any given Employee .No probation period may be specified in an employm
35、ent contract with a term to expire upon completion of a certain job or an employment contract with a term of less than three months .The probation period shall be included in the term of the employment contract .If an employment contract provides for a probation period only , then there is no probat
36、ion period and term concerned shall be term of the employment contract .Article 20 The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80percent of the wage agreed upon in the employment contract , and may not be less than m
37、inimum wage rate in the place where the Employer is located .Article 21 An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circumstances set forth in Article 39 and items (1) and (2) of Article 40 hereof . If an Employe
38、r terminates an employment contract during the probation period , it shall explain the reasons to the Employee .Article 22If an Employer provides special funding for a Employee is training and gives him professional technical training , it may conclude an agreement specifying a term of service with
39、such Employee .If the Employee breaches the agreement on the term of service ,he shall pay liquidated damages to the Employer as agreed . The measure of the liquidated damages may not exceed the training expenses paid by the Employer .The liquidated damages that the Employer requires the Employee to
40、 pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service .The reaching of on a term of service between the Employer and the Employee does not affect the raising of the Employee is labor compensations during the term of service according to
41、the normal wage adjustment mechanism .Article 23 An Employer and a Employee may include in their employment contract provisions on confidentiality matters relating to maintaining the confidentiality of the Employer and intellectual property .If a Employee has a confidentiality obligation , the Emplo
42、yer may agree with the Employ on competition restriction provisions in the employment contract or confidentiality agreement , and stipulate in the Employer shall pay financial compensation to the Employee on a monthly basis during the term of the competition restriction after the termination or endi
43、ng of the employment contract .If the Employee breaches the competition restriction provisions ,he shall pay liquidated damages to the Employer as stipulated.Article 24 The personnel subject to competition restrictions shall be limited to the Employers senior management ,senior technicians and other
44、 personnel with a confidentiality obligation . the scope , territory and term of the competition restrictions shall be agreed upon by the Employer and the Employee ,and such agreed upon by the Employer and the Employee, and such agreement shall not violate laws and regulations.The term counted form
45、the termination or ending of the employment contract , for which a person as mentioned in the preceding paragraph is subject to competition restrictions in terms of his working for a competing Employer that produces the same type of products or is engaged in the same type of business as his current
46、Employer ,or in terms of his establishing his own business to produce the same type of products or engage in the same type of business , shall not exceed two years .Article 25With the exception of the circumstances specified in Article 22 and 23 hereof , an Employer may not stipulate with a Employee
47、 provisions on the bearing of liquidates damages by the Employee .Article 26 An employment contract shall be invalid or partially invalid if :(1) A party uses such means as deception or coercion ,or takes advantage of the other party is difficulties,to cause the other party to conclude an employment
48、 contract .or to make an amendment thereto, that is contrary to that party is true intent ;(2) The Employer disclaims its legal liability or denies the Employee his rights ; or (3) Mandatory provisions of laws or administrative statutes are violated .If the invalidity or partial invalidity of the em
49、ployment contract is disputed ,it shall be confirmed by a labor dispute arbitration institution or a Peoples Court .Article 27 If certain provisions of an employment contract are invalid and such invalidity does not affect the validity of the remaining provisions ,the remaining provisions shall remain valid .Article 28 If an employment contract is confirmed as invalid and the Emplo