劳动法中英文对照版
整理劳动合同法中英文版

整理劳动合同法中英文版Labor Contract双方基本信息:甲方:(公司名称)地址:法定代表人:联系电话:乙方:(个人姓名)身份证号码:联系电话:各方身份:甲方为雇主,乙方为劳动者。
权利、义务:1.甲方应当遵守国家的相关法律法规,与乙方签订本劳动合同并严格履行合同;2.乙方应当以诚信为原则,认真履行合同约定的工作职责;3.甲、乙双方应当相互尊重,平等协商,友好合作;4.乙方的工资应当按照国家规定的最低工资标准支付;5.乙方参加社会保险和住房公积金,按照国家规定的比例缴纳。
履行方式:1.乙方应当按照甲方规定的工作时间、地点和内容进行工作;2.乙方应当按照甲方的要求和标准完成工作任务,并及时向甲方汇报工作进展情况;3.甲方应当为乙方提供必要的工作条件和保障,保证乙方的安全和健康。
期限:本劳动合同为固定期限(或者无固定期限)劳动合同,期限为(具体期限或无固定期限)。
违约责任:1.若甲方未按照本合同约定支付乙方工资,则应当一次性赔偿乙方工资总额的30%的违约金;2.若乙方未按照本合同约定履行工作职责,则应当承担相应的法律责任。
遵守法律法规:1.甲、乙双方应当遵守国家的相关法律法规,不得违反劳动法规,不得采取非法手段剥削工人;2.甲方应当严格遵守劳动合同制度,不得违反本合同约定,不得随意解除本合同;3.乙方应当遵守守劳动纪律,不得擅自离岗串岗、旷工、迟到早退或者其他违反劳动规定的行为。
法律效力和可执行性:1.本劳动合同是双方平等协商的结果,具有法律效力;2.任何一方要解除本合同,应当提前(具体期限)通知对方;3.本合同的具体事宜,双方可以书面协商修改;4.因本合同引起的争议,双方应当优先协商解决,如协商不成,则应当提交劳动争议仲裁委员会或者依法向人民法院起诉。
其他:(双方约定的其他内容,例如试用期、奖励、福利等)。
劳动法中英文对照版

劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。
国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。
Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档,后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面,打造全网一站式需求。
中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 contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSCHAPTER V. W AGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS CHAPTER VIII. VOCA TIONAL TRAININGCHAPTER IX. SOCIAL INSURANCE AND WELFARECHAPTER X. LABOUR DISPUTESCHAPTER XI. SUPERVISION AND INSPECTIONCHAPTER XII. LEGAL RESPONSIBILITYCHAPTER XIII. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall 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.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females fromemployment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education.CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into 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 the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation bythe parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out. Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 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 or injuries suffered at work;(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;(3) to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations,occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND V ACA TIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays stipulated by laws and regulations.Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for due tospecial 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 36 hours.Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;(2) to pay no less than 200 per cent 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 per cent of the normal wages if the extended hours are arranged on statutory holidays.Section 45. The State shall practice a system of annual vacation with pay.Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. (To be continued)。
中华人民共和国劳动法(英文)

中华人民共和国劳动法(英文版)Labor Law of the People' s Republic of ChinaOrder of the President [1994] No.28July 5, 1994The Labor Law of the People's Republic of China, adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress 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 ZeminLabor 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, promulgated by Order No.28 of the President of the People's Republic of China and effective as of January 1, 1995)ContentsChapter I General ProvisionsChapter II Promotion of EmploymentChapter III Labor Contracts and Collective ContractsChapter IV Working Hours, Rest and VacationsChapter V WagesChapter VI Occupational Safety and HealthChapter VII Special Protection for Female and Juvenile WorkersChapter VIII V ocational TrainingChapter IX Social Insurance and WelfareChapter X Labor DisputesChapter XI Supervision and InspectionChapter XII Legal ResponsibilityChapter XIII Supplementary ProvisionsChapter I General ProvisionsArticle 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 development and social progress.Article 2 This Law applies to all enterprises and individual economic organizations (hereinafter referred to as employing units) within the boundary of the People's Republic of China and laborerswell as laborers who form. a labor contract relationship therewith shall follow this Law.Article 3 Laborers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labor, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labor disputes, and other rights relating to labor as stipulated by law. Laborers shall fulfill their labor tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labor discipline and professional ethics.Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that laborers enjoy 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 social incomes, perfect social insurance system, coordinate labor relationship, 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 their labor competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by laborers, 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 organize 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 or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of laborers.Article 9 The labor administrative department of the State Council shall be in charge of the management of labor of the whole country.The labor administrative departments of the local people's governments at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdiction.Chapter II Promotion of EmploymentArticle 10 The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase 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 byArticle 11 Local people's governments at various levels shall take measures to develop various kinds of job—introduction agencies and provide 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. It shall not be allowed, in the recruitment of staff and workers, to use as a pretext for excluding females form. employment or to raise recruitment standards for the females, except for the types of work 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 on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Article 15 No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guaratee their right to compulsory education. Chapter III Labour Contracts and Collective ContractsArticle 16 A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Article 17 Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfill the obligations 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; andlabour 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 dispute arbitration committee or a people's court.Article 19 A labour contract shall be concluded in written form. and contain the following1.term of a labour contract;2.contents of work;bour protection and working conditions;bour remuneration;bour discipline;6.conditions for the termination of a labour contract; and7.responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.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 the labour contract, a labour contract with a flexible term shall be concluded between them if 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 agreement in their labour contract on matters concerning keeping he commercial secrets of the employing unit.Article 23 A labour contract shall terminate upon the expiration of its 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 between the parties involved through consultation.Article 25 The employing unit may revoke the labour contract with a labourer in any of the following circumstances:1.to be proved not up to the requirements for recruitment during the probation period;2.to seriously violate labour disciplines or the rules and regulations of the employing units;3.to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and4.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 given to the labourer 30 days in advance:1.where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;2.where a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to an other work post; and3.no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out.Article 27 During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs deep into difficulties 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 and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected 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 in accordance 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 with a labourer 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 or injuries suffered at work;2.to be receiving medical treatment for diseases or injuries within the prescribed period of time;3.to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or other circumstances stipulated by laws, administrative 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, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.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 his decision to revoke the labour contract in any of the following circumstances:1.within the probation period;2.where the employing unit forces the labourer to work by resorting to violence, intimidation or3.illegal restriction of personal freedom; or4.failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.Article 33 The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in 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 with the enterprise.Article 34 A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.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 labourers and the enterprises shall not be lower than those as stipulated in collective contracts.Chapter IV Working Hours, Rest and VacationsArticle 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, the employing unit shall rationally fix quotas of work and standards on piecework remuneration 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, it may adopt other rules on working hours and rest with the approval 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; and5.other holidays 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 labourers, but the extended working hour for a day shall 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 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 natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;2.where prompt rush repair is needed in the event of breakdown of production equipment, transportation lines or public facilities that affects production and public interests; and other circumstances as stipulated by laws, administrative rules and regulations.Article 43 The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Article 44 The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances:1.to pay no less than 150 percent of the normal wages if the extension 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; andstatutory 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 entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.Article 46 The distribution of wages shall follow the principle of distribution 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 law and based on the characteristics of its production and business and economic results.Article 48 The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council 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 minimum 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; and5. the different levels of economic development between regions.Article 50 Wages shall be paid monthly to labourers themselves in form. of currency. The wages paid to labourers shall not be deducted or delayed without justification.Article 51 The employing unit shall pay wages according to law to labourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with the law.Chapter VI Occupational Safety and HealthArticle 52 The employing unit must establish and perfect the system for occupational safety andeducate labourers on occupational safety and health, prevent accidents in the process 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 projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects.Article 54 The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and providing regular health examination for labourers engaged in work with occupational hazards.Article 55 Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations.Article 56 Labourers must strictly abide by rules of safe operation in 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 of rules and regulations or force laburers to run risks in operation; labourers shall have the right to criticize, report or file charges against 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, and cases of occupational diseases. The labour administrative departments and other 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 that occurred in the process of their work and cases of occupational diseases.Chapter VII Special Protection For Female and Juvenile WorkersArticle 58 The State shall provide female workers and juvenile workers 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 work down the pit of mines, or work with Grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid.Article 60 Female workers during their menstrual periods shall not be arranged to engaged in work high above the ground, under low temperature, or in cold water or work with Grade III physical labour intensity as stipulated by the State.Article 61 Female workers during their pregnancy shall not be arranged to engage in work with Grade III physical labour 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.Article 62 After childbirth, female workers shall be entitled to no less than ninety days of maternity leaves with pay.Article 63 Female workers during the period of breast-feeding their babies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour 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 labour intensity as stipulated by the State, or other work that they should avoid.Article 65 The employing unit shall provide regular physical examinations to juvenile workers. Chapter VIII V ocational TrainingArticle 66 The State shall take various measures through various channels to expand vocational training undertakings so as to develop professional skills of labourers, improve their qualities, and raise their employment capability and work ability.Article 67 People's governments at various levels shall incorporate the development of vocational training in the plans of social and economic development, encourage and support all enterprises, institutional 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 vocational 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 training 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. Examination and verification organizations authorized by the government are in charge of the examination and verification of the professional skills of labourers.Chapter IX Social Insurance and WelfareArticle 70 The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so 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 the level of social and economic development and the social affordability.insurance, and an overall pooling of insurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance and 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; and5.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 timely paid in full.Article 74 The agencies in charge of 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 of these funds.The supervisory organizations 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.The establishment and function of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate social insurance funds.Article 75 The State shall encourage the employing unit to set up supplementary insurance for labourers according to its practical situations.The State shall advocate that labourers practise individual insurance in form. of saving account. Article 76 The State shall develop social welfare undertakings, construct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collective welfare and raise welfare treatment of labourers.Chapter X Labour DisputesArticle 77 Where a labour dispute between the employing unit and labourers takes place, the parties concerned may apply for mediation or arbitration or take legal proceedings according to law, or mayseek for 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 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 Where a labour dispute takes place, the parties involved may 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 the labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people's court.Article 80 A labour dispute mediation committee may be established inside the 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 a representative of the trade union.Agreements reached on labour disputes through mediation shall be implemented by the parties involved.Article 81 A labour dispute arbitration committee shall be composed of representatives of the labour administrative department, representatives from the trade union at the corresponding level, and representatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Article 82 The party that requests for arbitration shall file a written application to a labour dispute arbitration committee within 60 days starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 days from the date of receiving the application. The parties involved must implement the adjudication if no objections are raised.Article 83 Where a party involved in a labour dispute is not satisfied 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 arbitration. 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 implementation.Article 84 Where a dispute arises from the conclusion of a collective contract and no settlement can be reached through consultation by the parties concerned, the labour administrative department of the local people's government may organize the relevant departments to handle the case in coordination.Where a dispute arises from the implementation of a collective contract and no settlement can be reached through consultation by the parties concerned, the dispute may be submitted to the labour dispute arbitration committee for arbitration. Any party that is not satisfied with the adjudication of arbitration may bring a lawsuit to a people's court within 15 days from the date of receiving the。
中英文版的劳动合同法

[url=] 第一条[/url] 为了贯彻
实施《中华人民共和国劳动合同法》 (以下简称劳动合同法),制定本条
例。
可修改编辑
精选资料
Article 2 The people’s governments at all levels, the labor administrative departments of the people’s governments at or above the county level, and the labor unions, etc. shall take
relationship with the employee and notify the employee in 动者终止劳动关系,无需向劳动者支 writing, in which case, the employer is not required to make any 付经济补偿,但是应当依法向劳动者
即与劳动者补订书面劳动合同。
employee immediately.
Article 8 The roster of employees as mentioned in Article 7 of [url=] 第八条[/url] 劳动合同
the Employment Contract Law shall contain the employees’ 法第七条规定的职工名册,应当包括 name, gender, citizen’s identity number, registered permanent 劳动者姓名、性别、公民身份号码、 residence address and current address, contact information, 户籍地址及现住址、联系方式、用工 form of employment, start time of employment, and term of the 形式、用工起始时间、劳动合同期限
全文版劳动合同中英对照

全文版劳动合同中英对照合同编号:[合同编号]雇佣双方雇主:[雇主公司名称]住所:[雇主公司地址]法定代表人:[雇主公司法定代表人姓名]联系[雇主公司联系电话]雇员:[雇员姓名]住址:[雇员住址]联系[雇员联系电话]合同期限本劳动合同自[合同起始日期]起至[合同终止日期]止。
工作内容与职责雇员同意按照雇主的安排和要求,履行以下工作职责:- [详细描述工作内容和职责]工作时间和地点1. 工作时间:每周工作[工作小时数]小时,具体工作时间为[具体工作时间安排]。
2. 工作地点:[工作地点]薪酬与福利1. 基本工资:雇员的基本工资为人民币[基本工资金额]元/月。
2. 绩效奖金:根据雇员的工作表现,雇主有权给予绩效奖金。
3. 带薪休假:雇员有权享受带薪年假、病假和其他法定假期。
4. 保险和福利:雇主将依法为雇员参加社会保险和提供相关福利。
保密条款雇员同意在雇佣期间和解除劳动关系后对雇主的商业秘密和机密信息保密,不得泄露给任何第三方。
解除劳动合同1. 解除原因:双方一致同意解除劳动合同,或者出现以下情况之一:- 雇主通知解除劳动合同- 雇员提前[提前通知期限]提出解除劳动合同- 发生不可抗力事件- 其他法律规定的情况2. 解除程序:双方协商一致,书面通知对方解除劳动合同。
争议解决双方在履行本劳动合同过程中发生的争议,应首先通过友好协商解决。
如协商不成,任何一方可向有管辖权的人民法院提起诉讼。
其他约定1. 本劳动合同一式两份,雇主和雇员各持一份,具有同等法律效力。
2. 本劳动合同的任何修改或补充应经双方协商一致,并以书面形式确认。
3. 本劳动合同的附件为不可分割的组成部分。
合同生效本劳动合同自双方签字盖章之日起生效。
雇主:雇员:签字:签字:日期:日期:。
劳动法中英文对照版

劳动法中英文对照版劳动法中英文对照版劳动合同法(中英文对照版)中华人民共和国劳劳合同法Labor Contract Law of the People’s Republic of ...适用本法。
国家机劳、事业单位、社会团体和与其建立劳劳劳系的劳劳...劳动合同法中英文对照版劳动合同法中英文对照版Order of the President of the People’s Republic of China 中华人民共和国主席令(第六十五号) 第六十五号) (No. 65) The Labor ...中华人民共和国劳动合同法(2008年版)(中英文对照版)中华人民共和国劳动合同法(2008年版)(中英文对照版) - 中华人民共和国劳动合同法主席令第六十五号《中华人民共和Labour Contract Law of the People...《中华人民共和国劳动法》中英文对照《中华人民共和国劳动法》中英文对照- Labor Law of the People's Republic of China The Labor Law of the People's Rep...劳动合同法(中英文版)确劳动合同双方权益,构建和发Article 2 This Law shall apply to the ...的劳动者,订立依照本法执行。
Article 3 The principle of lawfulness, ...埃塞俄比亚《劳动法》中英对照埃塞俄比亚《劳动法》中英对照- OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 埃塞俄比亚联邦民主共和国12th Year NO. 30 ADD...中英文对照劳动合同法中英文对照劳动合同法- 2008 新劳动合同法英文版全文( LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CON...劳动合同中英对照劳动合同中英对照- 劳动合同年月日甲方(用人单位) : 名称: 法定代表人: 乙方(员工) : 姓名: 性别: 出生年月: 身份证号码: 户籍所在地: 联系方式: ...2013年杂志订阅目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》月刊半月刊周刊半月刊月刊年刊720 元/年132 元/年2250 元/年2040 元/年120 元/年 ...2013报刊杂志目录中英文对照版) 《台声》《中国劳动法规与社会保障大全》旬刊月刊半月刊周刊半月刊月刊年刊540 元/年720 元/年132 元/年2250 元/年2040 元...资料库1 资料库2 资料库3 资料库4 资料库5欢迎您下载我们的文档,后面内容直接删除就行资料可以编辑修改使用资料可以编辑修改使用致力于合同简历、论文写作、PPT设计、计划书、策划案、学习课件、各类模板等方方面面,打造全网一站式需求Ppt课件制作设计,word文档制作、图文设计制作、发布广告等,秉着以优质的服务对待每一位客户,做到让客户满意!感谢您下载我们文档。
劳动法英文版

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 contentsCHAPTER I. GENERAL PROVISIONSCHAPTER II. PROMOTION OF EMPLOYMENTCHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND VACATIONSCHAPTER V. WAGESCHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHCHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERSCHAPTER VIII. VOCATIONAL TRAININGCHAPTER IX. SOCIAL INSURANCE AND WELFARECHAPTER X. LABOUR DISPUTESCHAPTER XI. SUPERVISION AND INSPECTIONCHAPTER XII. LEGAL RESPONSIBILITYCHAPTER XIII. SUPPLEMENTARY PROVISIONSCHAPTER I. GENERAL PROVISIONSSection 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.Section 2. This Law applies to all enterprises and individual economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall 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.Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conduct their activities in accordance with the law.Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction. CHAPTER II. PROMOTION OF EMPLOYMENTSection 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.The State shall encourage enterprises, institutional organizations, and societies to initiate industries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in individual businesses.Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introduction agencies and provide employment services.Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education. CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTSSection 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.A labour contract shall be concluded where a labour relationship is to be established.Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.Section 18. The following labour contracts shall be invalid:(1) labour contracts concluded in violation of laws, administrative rules and regulations; and(2) labour contracts concluded by resorting to such measures as cheating and intimidation.An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.Section 19. A labour contract shall be concluded in written form and contain the following clauses:(1) term of labour contract;(2) contracts of work;(3) labour protection and working conditions;(4) labour remuneration;(5) labour disciplines;(6) conditions for the termination of a labour contract; and(7) responsibility for the violation of a labour contract.Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.Section 20. The term of a labour contract shall be divided into 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 the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:(1) to be proved not up to the requirements for recruitment during the probation period;(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;(3) to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and(4) to be investigated for criminal responsibilities in accordance with the law.Section 26. In any of the following circumstances, the employing unit mayrevoke a labour contract but a written notification shall be given to the labourer 30 days in advance;(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and(3) no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out.Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this section, the reduced personnel shall have the priority to be re-employed.Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 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 or injuries suffered at work;(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;(3) to be a female staff member or worker during pregnant, puerperal, or breast-feeding period; or(4) other circumstances stipulated by laws, administrative rules and regulations.Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration orbrings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:(1) within the probation period;(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract. Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise. Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a copy of the contract.Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between individual labourers and the enterprise shall not be lower than those as stipulated in collective contracts.CHAPTER IV. WORKING HOURS, REST AND VACATIONSSection 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law due to its special production nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.Section 40. The employing unit shall arrange holidays for labourers in accordance with the law during the following festivals:(1) the New Year's Day;(2) the Spring Festival;(3) the International Labour Day;(4) the National Day; and(5) other holidays stipulated by laws and regulations.Section 41. The employing unit may extend working hours due to the requirements of its production or business after consultation with the trade union and labourers, but the extended working hour for a day shall 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 36 hours.Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;(2) where prompt rush repair is needed in the event of breakdown of production equipment, transportation, lines or public facilities that affects production and public interests; and(3) other circumstances as stipulated by laws, administrative rules and regulations.Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;(2) to pay no less than 200 per cent 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 per cent of the normal wages if the extendedhours are arranged on statutory holidays.Section 45. The State shall practice a system of annual vacation with pay. Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.CHAPTER V. WAGESSection 46. The distribution of wages shall follow the principle ofdistribution according to work and equal pay for equal work.The level of wages shall be gradually raised on the basis of economicdevelopment. The State shall exercise macro-regulations and control overthe total wages.Section 47. The employing unit shall independently determine its form ofwage distribution and wage level for its own unit according to law andbased on the characteristics of its production and business and economicresults.Section 48. The State shall implement a system of guaranteed minimumwages. Specific standards on minimum wages shall be determined by thepeople's governments of provinces, autonomous regions or municipalitiesdirectly under the Central Government and reported to the State Councilfor the record.Wages paid to labourers by the employing unit shall not be lower than thelocal standards on minimum wages.Section 49. The determination and readjustment of the standards onminimum wages shall be made with reference to the following factors in acomprehensive manner:(1) the lowest living expenses of labourers themselves and the averagefamily 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.Section 50. Wages shall be paid monthly to labourers themselves in formof currency. The wages paid to labourers shall not be deducted or delayedwithout justification.Section 51. The employing unit shall pay wages to labourers who observestatutory holidays, take leaves during the periods of marriage or funeral,or participate in social activities in accordance with the law.CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTHSection 52. The employing unit must establish and perfect the system foroccupational safety and health, strictly implement the rules and standardsof the State on occupational safety and health, educate labourers onoccupational safety and health, prevent accidents in the process of work, and reduce occupational hazards.Section 53. Facilities of occupational safety and health must meet the standards stipulated by the State.Facilities of occupational safety and health installed in new projects and projects to be rebuilt or expanded must be designed, constructed and put into operation and use at the same time as the main projects.Section 54. The employing unit must provide labourers with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labour protection, and provide regular health examination for labourers engaged in work with occupational hazards. Section 55. Labourers to be engaged in specialized operations must receive specialized training and acquire qualifications for such special operations. Section 56. Labourers must strictly abide by rules of safe operation in 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 of rules and regulations or force labourers to run risks in operation; labourers shall have the right to criticize, report or file charges against the acts endangering the safety of their life and health.Section 57. The State shall establish a system for the statistics, reports and dispositions of accidents of injuries and deaths, and cases of occupational diseases. The labour administrative departments and other 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 that occurred in the process of their work and cases of occupational diseases.CHAPTER VII. SPECIAL PROTECTION FOR FEMALE AND JUVENILE WORKERSSection 58. The State shall provide female workers and juvenile workers with special protection."Juvenile workers" hereby refer to labourers at the age of 16 but not 18 yet. Section 59. It is prohibited to arrange female workers to engage in work down the pit of mines, or work with Grade IV physical labour intensity as stipulated by the State, or other work that female workers should avoid. Section 60. Female workers during their menstrual period shall not be arranged to engage in work high above the ground, under low temperature, or in cold water or work with Grade III physical labour intensity as stipulated by the State.Section 61. Female workers during their pregnancy shall not be arranged to engage in work with Grade III physical labour 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.Section 62. After childbirth, female workers shall be entitled to no less than 90 days of maternity leaves with pay.Section 63. Female workers during the period of breast-feeding their babies less than one year old shall not be arranged to engage in work with Grade III physical labour intensity as stipulated by the State or other labour that they should avoid during their breast-feeding period, or to extend their working hours or to work night shifts.Section 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 labour intensity as stipulated by the State, or other work that they should avoid.Section 65. The employing unit shall provide regular physical examinations to juvenile workers.CHAPTER VIII. VOCATIONAL TRAININGSection 66. The State shall take various measures through various channels to expand vocational training undertakings so as to develop professional skills of labourers, improve their qualities, and raise their employment capability and work ability.Section 67. People's governments at various levels shall incorporate the development of vocational training in the plans of social and economic development, encourage and support all enterprises, institutional organizations, societies and individuals, where conditions permit, to sponsor all kinds of vocational training.Section 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 vocational 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 training before taking up their posts.Section 69. The State shall determine occupational classification, set up professional skill standards for the occupations classified, and practise a system of vocational qualification certificates. Examination and verification organizations authorized by the Government are in charge of the examination and verification of the professional skills of labourers. CHAPTER IX. SOCIAL INSURANCE AND WELFARESection 70. The State shall develop social insurance undertakings, establish a social insurance system, and set up social insurance funds so that labourers may receive assistance and compensations under such circumstances as old age, illness, work-related injury, unemployment and child bearing.Section 71. The level of social insurance shall be in proportion to the level of social and economic development and the social affordability.Section 72. The sources of social insurance funds shall be determined according to the categories of insurance, and an overall pooling of insurance funds from the society shall be introduced step by step. The employing unit and labourers must participate in social insurance and pay social insurance premiums in accordance with the law.Section 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 timely paid in full.Section 74. The agencies in charge of 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 of those funds.The supervisory organizations 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.The establishment and function of the agencies in charge of social insurance funds and the supervisory organizations of social insurance funds shall be stipulated by laws.No organization or individual shall be allowed to misappropriate social insurance funds.Section 75. The State shall encourage the employing unit to up supplementary insurance for labourers according to its practical situations.The State shall advocate that labourers practise individual insurance in form of saving account.Section 76. The State shall develop social welfare undertakings, construct public welfare facilities, and provide labourers with conditions for taking rest, recuperation and rehabilitation.The employing unit shall create conditions so as to improve collective welfare and raise welfare treatment of labourers.CHAPTER X. LABOUR DISPUTESSection 77. Where a labour dispute between the employing unit and labourers takes place, the parties concerned may apply for mediation or arbitration or take legal proceedings according to law, or may seek for a settlement through consultation. The principle of mediation shall apply to the procedures of arbitration and lawsuit.Section 78. The settlement of a labour dispute shall follow the principle of legality, fairness and promptness to so as to safeguard in accordance with the law the legitimate rights and interests of the parties involved.Section 79. Where a labour dispute takes place, the parties involved may apply to the labour dispute mediation committee of their unit for mediation; if the mediation falls and one of the parties requests for arbitration, that party may apply to the labour dispute arbitration committee for arbitration. If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people's court.Section 80. A labour dispute mediation committee may be established inside the 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 a representative of the trade union. Agreements reached on labour disputes through mediation shall be implemented by the parties involved.Section 81. A labour dispute arbitration committee shall be composed of representatives of the labour administrative department, representatives from the trade union at the corresponding level, and representatives of the employing unit. The chairman of the committee shall be held by a representative of the labour administrative department.Section 82. The party that requests for arbitration shall file a written application to a labour dispute arbitration committee within 60 days starting from the date of the occurrence of a labour dispute. The arbitration committee may generally make an adjudication within 60 days。
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