Labor Contract Law of the People’s Republic of China
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)
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。
杭州未签劳动合同二倍工资计算方法
杭州未签劳动合同二倍工资计算方法Many workers in Hangzhou are facing the issue of not having signed labor contracts with their employers, leading to uncertainties and potential financial risks. 杭州许多工人面临着与雇主未签订劳动合同的问题，这导致了不确定性和潜在的财务风险。
This lack of a labor contract means that these workers are not protected by the labor laws and regulations that are in place to ensure fair treatment and compensation. 缺乏劳动合同意味着这些工人没有受到劳动法律法规的保护，这些法规旨在确保公平对待和补偿。
One of the most significant concerns for these workers is the calculation of their wages. 对这些工人来说最重要的问题之一是他们工资的计算。
According to the Labor Contract Law of the People's Republic of China, if an employer fails to sign a labor contract with an employee, the employee is entitled to double their wages. 根据中华人民共和国劳动合同法，如果雇主未与雇员签订劳动合同，那么雇员有权获得双倍工资。
However, calculating this double wage can be complex and confusing for many workers. 然而，对于许多工人来说，计算这种双倍工资可能会很复杂和困惑。
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。
Contract Law of the People's Republic of China合同法重点条文翻译
Contract Law of the People's Republic of China中华人民共和国合同法重点条文第八条【依合同履行义务原则】依法成立的合同，对当事人具有法律约束力。
当事人应当按照约定履行自己的义务，不得擅自变更或者解除合同。
依法成立的合同，受法律保护。
Article 8 A lawfully established contract shall be legally binding on the parties thereto, each of whom shall perform its own obligations in accordance with the terms of the contract, and no party shall unilaterally modify or terminate the contract. The contract established according to law is protected by law.第二十九条【迟到的承诺】受要约人在承诺期限内发出承诺，按照通常情形能够及时到达要约人，但因其他原因承诺到达要约人时超过承诺期限的，除要约人及时通知受要约人因承诺超过期限不接受该承诺的以外，该承诺有效。
Article 29 If the offeree dispatched the acceptance within the time limit specified for acceptance, and under normal circumstances the acceptance would have reached the offeror in due time, but due to other reasons the acceptance reaches the offeror after the time limit for acceptance has expired,such acceptance shall be effective, unless the offeror notifies the offeree in a timely manner that it does not accept the acceptance due to the failure of the acceptance to arrive within the time limit.第六十一条【合同约定不明的补救】合同生效后，当事人就质量、价款或者报酬、履行地点等内容没有约定或者约定不明确的，可以协议补充；不能达成补充协议的，按照合同有关条款或者交易习惯确定。
英语翻译注意事项
翻译者入门须知1. 英文中没有中文的书名号，在英文中，书名使用斜体或者双引号来表达，例如：中文：《中华人民共和国劳动合同法》英文中表达为Labor contract law of the People's Republic of China 或者为“Labor contractlaw of the People's Republic of China”2. 一段话或者一句话的开头第一个字母要大写。
这预示着一个新的开始。
在英文书写中，我们还要注意正确运用标点符号的书写。
我们每写一个英文单词，后面紧跟着一个空格。
在一句话的停顿或者终止时，标点符号紧挨着英文单词。
然后下面的一个单词和前面的标点符号之间也有一个空格距离。
3. 专有名词的书写。
一些专有名字有自己固定的书写模式，它的第一个字母要大写，这些切忌千万别弄错了。
例如：“中华人民共和国”英文为People's Republic of China (PRC) 每个单词都是第一个字母大写，而单词之间的连接词，例如“of”还是小写。
4. 关于金额的书写。
123456.89 元如果用英文正确的表达出来的话就是One hundred and twenty-three thousandfour hundred and fifty-six point eighty nine Yuan.这里面需要注意的是：1) thousand 和hundred 之间不需要and2) hundred 后面需要and3）一般你要用国际通用的货币符号的话，应该放在数字前面如4）但是如果要说yuan的话就应该放在数字后面5）因为各国的货币不一样，所以表达的时候一定要表达清晰，例如美元就应该是USD 或者为US Dollar, 港元表示为HKD 或者为Hong Kong dollar，澳元AUD 或者为AustralianDollar …. 单独的Dollar 并不能具体的表示是哪国的货币，所以这点需要谨慎，一定要注意6）具体的表示金额的时候，thousand/hundred 没有复数形式直接使用。
Labor Contract Law of The People's Republic of China 2008
转自：ALMOND上海法律顾问团队在线律师免费咨询热线Labor Contract Law of the People’sRepublic of China(Adopted at the 28th Session of Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007)ContentsChapter I General ProvisionsChapter II Formation of Labor ContractsChapter III Fulfillment and Change of Labor ContractsChapter IV Dissolution and Termination of Labor ContractsChapter V Special ProvisionsSection 1 Collective ContractSection 2 Worker DispatchSection 3 Part-time EmploymentChapter VI Supervision and InspectionChapter VII Legal LiabilitiesChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle 1This Law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.Article 2 This Law shall apply to the establishment of employment relationship between employees and enterprises, individual economic organizations, private non-enterprise entities, or other organizations (hereafter referred to as employers), and to the formation, fulfillment, change, dissolution, or termination of labor contracts. The state organs, public institutions, social organizations, and their employees among them there is an employment relationship shall observe this Law in the formation, fulfillment, change, dissolution, or termination of their labor contracts.Article 3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of a labor contract.A labor contract concluded according to the law shall have a binding force. The employer and the employee shall perform the obligations as stipulated in the labor contract.Article 4 An employer shall establish a sound system of employment rules so as to ensure that its employees enjoy the labor rights and perform the employment obligations.Where an employer formulates, amends or decides rules or important events concerning the remuneration, working time, break, vacation, work safety and sanitation, insurance and welfare, training of employees, labor discipline, or management of production quota, which are directly related to the interests of the employees, such rules or important events shall be discussed at the meeting ofemployees’ representatives or the general meeting of all employees, and the employer shall also put forward proposals and opinions to the employees and negotiate with the labor union or the employees’ representatives on a e qual basis to reach agreements on these rules or events.During the process of execution of a decision about a rule or about an important event, if the labor union or the employees deem it improper, they may require the employer to amend or improve the rules or decisions through negotiations.The employer shall make an announcement of the rules and important events which are directly related to the interests of the employees or inform the employees of these rules or events.Article 5 The labor administra tive department of the people’s government at the county level or above shall, together with the labor union and the representatives of the enterprise, establish a sound three-party mechanism to coordinate employment relationship and shall jointly seek to solve the major problems related to employment relations.Article 6 The labor union shall assist and direct the employees when they conclude with the employers and fulfill labor contracts and establish a collective negotiation mechanism with the employers so as to maintain the lawful rights and interests of the employees.Chapter II Formation of Labor ContractsArticle 7 An employer establishes an employment relationship with an employee from the date when the employer puts the employee to work. The employer shall prepare a roster of employees for inspection.Article 8 When an employer hires an employee, it shall faithfully inform him of the work contents, conditions and location, occupational harm, work safety state, remuneration, and other information which the employee requires to be informed. The employer has the right to know the basic information of the employer which is directly related to the labor contract and the employee shall faithfully provide such information.Article 9 When an employer hires an employee, it shall not detain his identity card or other certificates, nor require him to provide a guaranty or collect money or property from him under any other excuse.Article 10 A written labor contract shall be concluded in the establishment of an employment relationship.Where an employment relationship has already been established with an employee but no written labor contract has been entered simultaneously, a written labor contract shall be concluded within one month from the date when the employee begins to work.Where an employer and an employee conclude a labor contract prior to the employment, the employment relationship is established from the date when the employee begins to work.Article 11 Where an employer fails to conclude a written labor contract when the employer put his employee to work, if the remuneration stipulated between the employer and the employee is not clear, the remuneration to the new employee shallconform to the provisions of the collective contract. If there is no collective contract or if there is no such stipulation in the collective contract, the principle of equal pay for equal work shall be observed.Article 12 Labor contracts are classified into fix-term labor contracts, labor contracts without a fixed term, and the labor contracts that set the completion of specific tasks as the term to end contracts.Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee stipulate the time of termination of the contract.The employer and the employee may conclude a fixed-term labor contract upon negotiation.Article 14 A labor contract without a fixed term refers to a labor contract in which the employer and the employee stipulate no certain time to end the contract.An employer and an employee may, through negotiations, conclude a labor contract without a fixed term. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, a labor contract without a fixed term shall be concluded unless the employee proposes to conclude a fixed-term labor contract:1. The employee has already worked for the employer for 10 full years consecutively;2. When the employer initially adopts the labor contract system or when a state-owned enterprise re-concludes the labor contract due to restructuring, the employee has already worked for this employer for 10 full years consecutively and he attains to the age which is less than 10 years up to the statutory retirement age; or3. The labor contract is to be renewed after two fixed-term labor contracts have been concluded consecutively, and the employee is not under any of the circumstances as mentioned in Article 39 and Paragraphs (1) and (2) of Article 40 of this Law.If the employer fails to sign a written labor contract with an employee after the lapse of one full year from the date when the employee begins to work, it shall be deemed that the employer and the employee have concluded a labor contract without a fixed term.Article 15 A labor contract that sets the completion of a specific task as the term to end the contract refers to the labor contract in which the employer and the employee stipulate that the time period of the contract shall be based on the completion of a specific task.An employer and an employee may, upon negotiation, conclude a labor contract that sets the completion of a specific task to end the contract.Article 16 A labor contract shall be agreed with by the employer and the employee and shall come into effect after the employer and the employee affix their signatures or seals to the labor contract.The employer and the employee shall each hold one copy of the labor contract. Article 17 A labor contract shall include the following clauses:1. The employer’s n ame, domicile, legal representative, or major person-in-charge;2. The employee’s name, domicile, identity card number, or other valid identity certificate number;3. The time limit for the labor contract;4. The job descriptions and work locations;5. The work hours, break time, and vocations;6. The remunerations;7. The social security;8. The employment protection, work conditions, and protection against and prevention of occupational harm; and9. Other items that shall be included in the labor contract under any laws or regulations.Apart from the essential clauses as prescribed in the preceding paragraph, the employer and the employee may, in the labor contract, stipulate the probation time period, training, confidentiality, supplementary insurances, welfares and benefits, and other items.Article 18 If remunerations, work conditions, and other criterions are not expressly stipulated in a labor contract and a dispute is triggered, the employer and the employee may re-negotiate the contract. If no agreement is reached through negotiations, the provisions of the collective contract shall be followed. If there is no collective contract or if there is no such stipulation about the remuneration, the principle of equal pay for equal work shall be observed. If there is no collective contract or if there is no such stipulation about the work conditions and other criterions in the collective contract, the relevant provisions of the state shall be followed.Article 19 If the term of a labor contract is not less than 3 months but less than 1 year, the probation period shall not exceed one month. If the term of a labor contract is not less than one year but less than 3 years, the probation period shall not exceed 2 months. For a labor contract with a fixed term of 3 years or more or without a fixed term, the probation term shall not exceed 6 months.An employer can only impose one probation time period on an employee.For a labor contract that sets the completion of a specific task as the term to end the contract or with a fixed term of less than 3 months, no probation period may be stipulated.The probation period shall be included in the term of a labor contract. If a labor contract only provides the term of probation, the probation shall be null and void and the term of the probation shall be treated as the term of the labor contract.Article 20 The wage of an employee during the probation period shall not be lower than the minimum wage for the same position of the same employer or lower than 80% of the wage stipulated in the labor contract, nor may it be lower than the minimum wage of the locality where the employer is located.Article 21 During the probation period, except when the employee is under any of the circumstances as described in Article 39 and Article 40 (i) and (ii), the employer shall not dissolve the labor contract. If an employer dissolves a labor contract during the probation period, it shall make an explanation.Article 22 Where an employer pays special training expenses for the special technical training of his employees, the employer may enter an agreement with his employees to specify their service time period.If an employee violates the stipulation regarding the service time period, he shall pay the employer a penalty for breach of contract. The amount of penalty for breach of contract shall not exceed the training fees provided by the employer. The penalty for breach of a contract in which the employer requires the employee to pay shall not exceed the training expenses attributable to the service time period that is unfulfilled. The service time period stipulated by the employer and the employee does not affect the promotion of the remuneration of the employee during the probation period under the normal wage adjustment mechanism.Article 23 An employer may enter an agreement with his employees in the labor contract to require his employees to keep the business secrets and intellectual property of the employer confidential.For an employee who has the obligation of keeping confidential, the employer and the employee may stipulate non-competition clauses in the labor contract or in the confidentiality agreement and come to an agreement that, when the labor contract is dissolved or terminated, the employee shall be given economic compensations within the non-competition period. If the employee violates the stipulation of non-competition, it shall pay the employer a penalty for breaching the contract. Article 24 The persons who should be subject to non-competition shall be limited to the senior mangers, senior technicians, and the other employees, who have the obligation to keep secrets, of employers. The scope, geographical range and time limit for non-competition shall be stipulated by the employer and the employee. The stipulation on non-competition shall not be contrary to any laws or regulations.After the dissolution or termination of a labor contract, the non-competition period for any of the persons as mentioned in the preceding paragraph to work in any other employer producing or engaging in products of the same category or engaging in business of the same category as this employer shall not exceed two years.Article 25 Except for the circumstances as prescribed in Articles 22 and 23 of this Law, the employer shall not stipulate with the employee that the employee shall pay the penalty for breaching contract.Article 26 The following labor contracts are invalid or are partially invalid if:1. a party employs the means of deception or coercion or takes advantage of the other party’s difficulties to force the other party to conclude a labor contract or to make an amendment to a labor contract, which is contrary to his will;2. an employer disclaims its legal liability or denies the employee’s rights; or3. the mandatory provisions of laws or administrative regulations are violated.If there is any dispute over the invalidating or partially invalidating of a labor contract, the dispute shall be settled by the labor dispute arbitration institution or by the people’s court.Article 27 The invalidity of any part of a labor contract does not affect the validity of the other parts of the contract. The other parts shall still remain valid.Article 28 If a labor contract has been confirmed to be invalid, the employer shall pay remunerations to his employees who have labored for the employer. The amount of remunerations shall be determined by analogy to the remuneration to the employees taking up the same or similar positions of the employer .Chapter III Fulfillment and Change of Labor ContractsArticle 29 An employer and an employee shall, according to the stipulations of the labor contract, fully perform their respective obligations.Article 30 An employer shall, under the contractual stipulations and the provisions of the state, timely pay its employees the full amount of remunerations.Where an employer defers paying or fails to pay the full amount of remunerations, the employees may apply to the local people’s court for an order of payment. The people’s court shall issue an o rder of payment according to the law.Article 31 An employer shall strictly execute the criterion on production quota, it shall not force any of its employees to work overtime or make any of his employees to do so in a disguised form. If an employer arranges overtime work, it shall pay its employee for the overtime work according to the relevant provisions of the state. Article 32 If an employee refuses to perform the dangerous operations ordered by the manager of his employer who violates the safety regulations or forces the employee to risk his life, the employee shall not be deemed to have violated the labor contract.An employee may criticize, expose to the authorities, or charge against the employer if the work conditions may endanger his life and health.Article 33 An employer’s change of its name, legal representative, key person-in-charge, or investor shall not affect the fulfillment of the labor contracts. Article 34 In case of merger or split the original labor contracts of the employer still remain valid. Such labor contracts shall be performed by the new employer who succeeds the rights and obligations of the aforesaid employer.Article 35 An employer and an employee may modify the contents stipulated in the labor contract if they so agree upon negotiations. The modifications to the labor contract shall be made in writing.The employer and the employee shall each hold one copy of the modified labor contract.Chapter IV Dissolution and Termination of Labor ContractsArticle 36 An employer and an employee may dissolve the labor contract if they so agree upon negotiations.Article 37 An employee may dissolve the labor contract if he notifies in writing the employer 30 days in advance. During the probation period, an employee may dissolve the labor contract if he notifies the employer 3 days in advance.Article 38 Where an employer is under any of the following circumstances, its employees may dissolve the labor contract:1. It fails to provide labor protection or work conditions as stipulated in the labor contract;2. It fails to timely pay the full amount of remunerations;3. It fails to pay social security premiums for the employees;4. The rules and procedures set up by the employer are contrary to any law or regulation and impair the rights and interests of the employees;5. The labor contract is invalidated due to the circumstance as mentioned in Article 26 (1) of this Law; or6. Any other circumstances prescribed by other laws or administrative regulations thatauthorize employees to dissolve labor contracts.If an employer forces any employee to work by the means of violence, threat, or illegally restraining personal freedom, or an employer violates the safety regulations to order or forces any employee to perform dangerous operations that endanger the employee’s personal life, the employee may immediately dissolve the labor contract without notifying the employer in advance.Article 39 Where an employee is under any of the following circumstances, his employer may dissolve the labor contract:1. It is proved that the employee does not meet the recruitment conditions during the probation period;2. The employee seriously violates the rules and procedures set up by the employer;3. The employee causes any severe damage to the employer because he seriously neglects his duties or seeks private benefits;4. The employee simultaneously enters an employment relationship with other employers and thus seriously affects his completion of the tasks of the employer, or the employee refuses to make the ratification after his employer points out the problem;5. The labor contract is invalidated due to the circumstance as mentioned in Item (1), paragraph 1, Article 26 of this Law; or6. The employee is under investigation for criminal liabilities according to law. Article 40 Under any of the following circumstances, the employer may dissolve the labor contract if it notifies the employee in writing 30 days in advance or after it pays the employee an extra month’s wages:1. The employee is sick or is injured for a non-work-related reason and cannot resume his original position after the expiration of the proscribed time period for medical treatment, nor can he assume any other position arranged by the employer;2. The employee is incompetent to his position or is still so after training or changing his position; or3. The objective situation, on which the conclusion of the labor contract is based, has changed considerably, the labor contract is unable to be performed and no agreement on changing the contents of the labor contract is reached after negotiations between the employer and the employee.Article 41 Under any of the following circumstances, if it is necessary to lay off 20 or more employees, or if it is necessary to lay off less than 20 employees but the layoff accounts for 10% of the total number of the employees, the employer shall, 30 days in advance, make an explanation to the labor union or to all its employees. After it has solicited the opinions from the labor union or of the employees, it may lay off the number of employees upon reporting the employee reduction plan to the labor administrative department:1. It is under revitalization according to the Enterprise Bankruptcy Law;2. It encounters serious difficulties in production and business operation;3. The enterprise changes products, makes important technological renovation, or adjusts the methods of its business operation, and it is still necessary to lay off the number of employees after changing the labor contract; or4. The objective economic situation, on which the labor contract is based, has changed considerably and the employer is unable to perform the labor contract.The following employees shall be given a priority to be kept when the employer cuts down the number of employees:1. Those who have concluded a fixed-term labor contract with a long time period2. Those who have concluded a labor contract without fixed term; and3. Those whose family has no other employee and has the aged or minors to support. If the employer intends to hire new employees within 6 months after it cuts down the number of employees according to the first paragraph of this Article, it shall notify the employees cut down and shall, in the equal conditions, give a priority to the employees cut down.Article 42 An employer shall not dissolve the labor contract under Articles 40 and 41 of this Law if any of its employee:1. is engaging in operations exposing him to occupational disease hazards and has not undergone an occupational health check-up before he leaves his position, or is suspected of having an occupational disease and has been diagnosed or under medical observation;2. has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury during his employment with the employer ;3. has contracted an illness or sustained a non-work-related injury and the proscribed time period of medical treatment has not expired;4. is a female who is in her pregnancy, confinement, or nursing period;5. has been working for the employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age; or(6) finds himself in other circumstances under which an employer shall not dissolve the labor contract as proscribed in laws or administrative regulationsArticle 43 Where an employer unilaterally dissolves a labor contract, it shall notify the labor union of the reasons in advance. If the employer violates any laws, administrative regulation, or stipulations of the labor contract, the labor union has the power to require the employer to make ratification. The employer shall consider the opinions of the labor union and notify the labor union of the relevant result in writing. Article 44 A labor contract may be terminated under any of the following circumstances:1. the term of a labor contract has expired;2. the employee has begun to enjoy the basic benefits of his pension;3. the employee is deceased, or is declared dead or missing by the peopl e’s court;4. the employer is declared bankrupt;5. the employer’s business license is revoked or the employer is ordered to close down its business or to dissolve its business entity, or the employer makes a decision to liquidate its business ahead of the schedule; or6. other circumstances proscribed by other laws or administrative regulations.Article 45 If a labor contract expires and it is under any of the circumstances as described in Article 42 of this Law, the term of labor contract shall be extended untilthe disappearance of the relevant circumstance. However, the matters relating to the termination of the labor contract of an employee who has lost or partially lost his capacity to work as prescribed in Article 42 (ii) of this Law shall be hand led according to the pertinent provisions on work-related injury insurance.Article 46 The employer shall, under any of the following circumstances, pay the employee an economic compensation:1. The employee dissolves the labor contract in pursuance of Article 38 of this Law;2. The employer proposes to dissolve the labor contract, and it reaches an agreement with the employee on the dissolution through negotiations;3. The employer dissolves the labor contract according to Article 40 of this Law;4. The employer dissolves the labor contract according to the first Paragraph of Article 41 of this Law; or5.The termination of a fixed–term labor contract according to Article 44 (i) of this Law unless the employee refuses to renew the contract even though the conditions offered by the employer are the same as or better than those stipulated in the current contract;6. The labor contract is terminated according to Article 44 (iv) and (v) of this Law; or7. Other circumstances as proscribed in other laws and administrative regulations. Article 47 An employee shall be given an economic compensation based on the number of years he has worked for the employer and at the rate of one month’s wage for each full year he worked. Any period of not less than six months but less than one year shall be counted as one year. The economic compensations payable to an employee for any period of less than six months shall be one-half of his monthly wages.If the monthly wage of an employee is higher than three times the average monthly wage of employees declared by the people’s government at the level of municipality directly under the central government or at the level of a districted city where the employer is located, the rate for the economic compensations to be paid to him shall be three times the average monthly wage of employees and shall be for no more than 12 years of his work.The term of “monthly wage” mentioned in this Article refers to the employee’s average monthly wage for the 12 months prior to the dissolution or termination of his labor contract.Article 48 If an employer dissolves or terminates a labor contract in violation of this Law but the employee demands the continuous fulfillment of the contract, the employer shall do so. If the employee does not demand the continuous fulfillment of the contract or if the continuous fulfil, lment of the labor contract is impossible, the employer shall pay compensation to the employee according to Article 87 of this Law. Article 49 The State shall take measures to establish and improve a comprehensive system to ensure that the employees’ social security relationship can be transferred from one region to another and can be continued after the transfer.Article 50 At the time of dissolution or termination of a labor contract, the employer shall issue a document to prove the dissolution or termination of the labor contract and complete, within 15 days, the procedures for the transfer of the employee’spersonal file and social security relationship.The employee shall complete the procedures for the handover of his work as agreed upon between both parties. If relevant provisions of this Law require the employer to pay an economic compensation, it shall make a payment upon completion of the procedures for the handover of the employee’s work.The employer shall preserve the labor contracts, which have been dissolved or terminated, for not less than two years for reference purposes.Chapter V Special ProvisionsSection 1 Collective ContractsArticle 51 The employees of an enterprise may get together as a party to negotiate with their employer to conclude a collective contract on the matters of remuneration, working hours, breaks, vacations, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the general assembly of employees or all the employees for discussion and approval.A collective contract may be concluded by the labor union on behalf of the employees of enterprise with the employer. If the enterprise does not have a labor union yet, the contract may be concluded between the employer and the representatives chosen by the employees under the guidance of the labor union at the next higher level.Article 52 The employees of an enterprise as a party may negotiate with the employer to enter specialized collective contracts regarding the issues of the work safety and hygiene, protection of the rights and interests of female employees, the wage adjustment mechanism, etc.Article 53 Industrial or regional collective contracts may be concluded between the labor unions and the representatives of enterprises in industries such as construction, mining, catering services, etc. in the regions at or below the county level.Article 54 After a collective contract has been concluded, it shall be submitted to the labor administrative department. The collective contract shall become effective after the lapse of 15 days from the date of receipt thereof by the labor administrative department, unless the said department raises any objections to the contract.A collective contract that has been concluded according to law is binding on both the employer and the employees. An industrial or regional collective contract is binding on both the employers and employees in the local industry or the region.Article 55 The standards for remunerations, working conditions, etc. as stipulated in a collective contract shall not be lower than the minimum criterions as prescribed by the local people’s government. The standards for remunerations, worki ng conditions, etc. as stipulated in the labor contract between an employer and an employee shall not be lower than those as specified in the collective contract.Article 56 If an employer’s breach of the collective contract infringes upon the labor rights and interests of the employees, the labor union may, according to law, require the employer to bear the liability. If a dispute arising from the performance of the collective contract is not resolved after negotiations, the labor union may apply for arbitration or lodge a lawsuit in pursuance of law.Section 2 Worker Dispatch Service。
劳务派遣合同中英文
劳务派遣合同中英文Labor Dispatch Contract合同编号：_____________________ Contract No.: _________________甲方（派遣单位）Party A (Dispatched Unit):名称（中文）：___________________ Name (Chinese): __________________地址（中文）：___________________ Address (Chinese): ________________名称（英文）：___________________ Name (English): __________________地址（英文）：___________________ Address (English): ________________法定代表人（中文）：_______________ Legal Representative (Chinese): ____法定代表人（英文）：_______________ Legal Representative (English): ____乙方（派遣劳动者）Party B (Dispatched Worker):姓名（中文）：___________________ Name (Chinese): __________________国籍：__________________________ Nationality: _____________________ _____________________ID Card No.: _____________________性别：__________________________ Gender: _________________________：_____________________Date of Birth: ___________________联系件：_____________________ID Document: __________________签证类型及期限：__________________Type and Validity of Visa: _________根据《中华人民共和国劳动合同法》、《中华人民共和国劳务派遣管理条例》等相关法律法规，并经甲乙双方协商一致，就派遣乙方执行特定任务，达成如下合同：In accordance with the Labor Contract Law of the People's Republic of China, the Regulations on the Administration of Labor Dispatch of the People's Republic of China, and other relevant laws and regulations, and after mutual agreement between Party A and Party B, this contract is hereby concluded for Party B to undertake specific tasks through labor dispatch.第一章：总则Chapter 1: General Provisions第一条合同目的Article 1 Purpose of the Contract1.1 本合同的目的是明确甲乙双方之间的劳务派遣关系，规定乙方的权利与义务。
Contract_Law_of_the_People's_Republic_of_China-合同法
中华⼈民共和国合同法Contract Law of the People's Republic of China 发文日期: 1999-03-15Promulgation date: 1999-03-15地域: 全国Effective region: NATIONAL颁布机关: 全国⼈民代表⼤会Promulgator: National People's Congress文号: 主席令[1999]第15号Document no: Order of the President [1999] No. 15时效性: 现行有效Effectiveness: Effective生效日期: 1999-10-01Effective date: 1999-10-01所属分类: 合同 ( 民法->合同 ) Category: Contract ( Civil Law->Contract )中华⼈民共和国合同法 Contract Law of the People's Republic of China主席令[1999]第15号Order of the President [1999] No.151999年3月15日March 15, 1999《中华⼈民共和国合同法》已由中华⼈民共和国第九届全国⼈民代表⼤会第⼆次会议于1999年3月15日通过，现予公布，自1999年10月1日起施行。
The Contract Law of the People's Republic of China, adopted at the Second Session of the Ninth National People's Congress of the People's Republic of China on March 15, 1999, is hereby promulgated and shall take effect as of October 1, 1999.中华⼈民共和国主席 江泽民Jiang Zemin, President of the People's Republic of China 中华⼈民共和国合同法Contract Law of the People's Republic of China（1999年3月15日第九届全国⼈民代表⼤会第⼆次会议通过）(Adopted at the Second Session of the Ninth National People's Congress on March 15, 1999)目 录总则 第⼀章 ⼀般规定 第⼆章 合同的订立 第三章 合同的效⼒ 第四章 合同的履行 第五章 合同的变更和转让 第六章 合同的权利义务终止 第七章 违约责任 第⼋章 其他规定ContentsGeneral ProvisionsChapter I General RulesChapter II Conclusion of ContractsChapter III Effectiveness of ContractsChapter IV Performance of ContractsChapter V Modification and Assignment of Contracts Chapter VI Termination of Contractual Rights and Obligations Chapter VII Liability for Breach of ContractChapter VIII MiscellaneousSpecific ProvisionsChapter IX Sales Contracts分则 第九章 买卖合同 第十章 供用电、水、气、热⼒合同 第十⼀章 赠与合同 第十⼆章 借款合同 第十三章 租赁合同 第十四章 融资租赁合同 第十五章 承揽合同 第十六章 建设⼯程合同 第十七章 运输合同 第十⼋章 技术合同 第十九章 保管合同 第⼆十章 仓储合同 第⼆十⼀章 委托合同 第⼆十⼆章 行纪合同 第⼆十三章 居间合同附则Chapter X Contracts for Supply and Consumption of Electricity, Water, Gas or HeatChapter XI Donation ContractsChapter XII Loan ContractsChapter XIII Lease ContractsChapter XIV Financial Leasing ContractsChapter XV Contracts for WorksChapter XVI Construction Project ContractsChapter XVII Transportation ContractsChapter XVIII Technology ContractsChapter XIX Deposit ContractsChapter XX Warehousing ContractsChapter XXI Commission ContractsChapter XXII Brokerage ContractsChapter XXIII Intermediation Contracts Supplementary Provisions总则General Provisions 第⼀章 ⼀般规定Chapter I General Rules 第⼀条 为了保护合同当事⼈的合法权益，维护社会经济秩序，促进社会主义现代化建设，制定本法。
2024年劳动合同法全文最新版本(官方版)英文版
2024年劳动合同法全文最新版本(官方版)英文版2024 Labor Contract Law Official VersionIn 2024, the latest version of the Labor Contract Law was released by the government. This official document outlines the regulations and requirements for labor contracts in the year 2024. It covers various aspects of employment agreements, including terms of employment, rights and responsibilities of both employers and employees, termination procedures, and dispute resolution mechanisms.The 2024 Labor Contract Law aims to provide clarity and protection for both parties involved in a labor contract. It emphasizes the importance of fair treatment, non-discrimination, and transparency in the employment relationship. The law also addresses issues such as working hours, wages, benefits, and occupational safety and health standards.Employers are required to comply with the provisions of the Labor Contract Law and ensure that their employees' rights are respected. They must provide written contracts to employees, clearly stating the terms and conditions of employment. Employers are also responsible for maintaining a safe working environment and following relevant labor regulations.Employees, on the other hand, are expected to perform their duties diligently and in accordance with the terms of their contracts. They have the right to fair compensation, rest periods, and social security benefits as outlined in the law. Employees are encouraged to report any violations of their rights to the appropriate authorities for resolution.Overall, the 2024 Labor Contract Law sets the framework for a harmonious and productive working relationship between employers and employees. By following the guidelines outlined in this official document, both parties can ensure a fair and mutually beneficial employment arrangement.。
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Labor Contract Law of the People’s Republic of China Promulgating Institution:Standing Committee of the National People's CongressDocument Number:Order No.65of the President of the People's Republic of China Promulgating Date:06/29/2007Effective Date:01/01/2008Validity Status:ValidOrder of the President of the People's Republic of ChinaNo.65The Labor Contract Law of the People's Republic of China,adopted at the28th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of the China on June29, 2007,is hereby promulgated and shall go into effect as of January1,2008.Hu Jintao,President of the People's Republic of ChinaJune29,2007 Labor Contract Law of the People's Republic of China(Adopted at the28th Meeting of the Standing Committee of the Tenth National People's Congress on June29,2007)ContentsChapter I General ProvisionsChapter II Conclusion of a Labor ContractChapter III Performance and Modification of a Labor ContractChapter IV Revocation and Termination of a Labor ContractChapter V Special ProvisionsSection1A Collective ContractSection2Labor DispatchSection3Part-Time EmploymentChapter VI Supervision and InspectionChapter VII Legal ResponsibilityChapter VIII Supplementary ProvisionsChapter I General ProvisionsArticle1This Law is enacted in order to improve the labor contract system,define the rights and obligations of both parties to a labor contract,protect the legitimate rights and interests of workers,and establish and develop a harmonious and stable labor relationship.Article2This Law is applicable where organizations such as enterprises,self-employed economic organizations and private non-enterprise units within the territory of the People's Republic of China (hereinafter referred to as employing units)establish labor relationships with workers through concluding, performing,modifying,revoking or terminating labor contracts with them.State organs,institutions and public organizations and the workers with whom they are to establish labor relationships shall conclude,perform,modify,revoke or terminate labor contracts in accordance with thisLaw.Article3Labor contracts shall be concluded in adherence to the principles of lawfulness,fairness, equality,voluntariness,consensus through consultation,and good faith.A labor contract concluded in accordance with law shall have binding force.Both the employing unit and the worker shall fulfill the obligations stipulated in the labor contract.Article4Employing units shall establish and improve labor rules and regulations to ensure that workers enjoy the labor rights and fulfill the labor obligations.When formulating or modifying the rules and regulations,or making decisions on important matters, which have a direct bearing on the immediate interests of workers,such as labor remuneration,working hours,rest and vacation,occupational safety and health,insurance and welfare,training,labor discipline and labor quota control,the employing unit shall,after discussion by the conference of workers or all the workers,put forward plans and suggestions and make decisions after consulting with the trade union or the representatives of the workers on an equal footing.If,during the implementation of the rules and regulations or the decisions on important matters,the trade union or the workers hold that such rules,regulations or decisions are inappropriate,it or they are entitled to put forward the opinion to the employing unit,and have the rules,regulations or decisions modified and improved through consultation.The employing unit shall make public or inform the workers of the rules and regulations,and the decisions on important matters,which have a direct bearing on the immediate interests of the workers.Article5The administrative department of labor of the people's government at or above the county level shall,together with the representatives of the trade union and the enterprise,establish a sound tripartite mechanism for coordination of labor relationships,in order to jointly discuss and resolve the major issues concerning labor relationships.Article6The trade union shall give assistance and guidance to the workers in lawfully concluding labor contracts with the employing unit and performing the same,and establish a collective consultation mechanism with the employing unit in order to protect the legitimate rights and interests of workers.Chapter II Conclusion of a Labor ContractArticle7A labor relationship is established by an employing unit with a worker as of the date the former employs the latter.An employing unit shall keep a register of workers for reference.Article8When an employing unit recruits a worker,it shall truthfully inform him of the job description,the working conditions,the place of work,occupational hazards,conditions for work safety, labor remuneration and other matters which the worker requests to be informed of.The employing unit has the right to acquire the basic information of the worker which is directly related to the labor contract, and the worker shall truthfully provide the same.Article9When recruiting a worker,the employing unit may not detain the worker's resident identity card or other certificates,nor may it require him to provide guaranty or collect money or things of value from him in other names.Article10To establish a labor relationship,a written labor contract shall be concluded.In the event that no written labor contract is concluded at the time when a labor relationship is established,such a contract shall be concluded within one month as of the date when the employing unit employs a worker.Where an employing unit and a worker conclude a labor contract before the latter starts to work,the laborrelationship shall be established as of the date when the latter starts to work.Article11In the event that an employing unit fails to conclude a written labor contract with a worker at the same time as it employs him,and labor remuneration agreed upon with him is not definite,the remuneration shall be decided on according to the rate specified in the collective contract;where there is no collective contract or the collective contract is silent on the matter,equal pay for equal work shall be practiced.Article12Labor contracts consist of fixed-term labor contracts,open-ended labor contracts and labor contracts that expire upon completion of given jobs.Article13A fixed-term labor contract is one the ending date of which is agreed upon between the employing unit and the worker.An employing unit and a worker may conclude a fixed-term labor contract upon reaching consensus through consultation.Article14An open-ended labor contract is one where the employing unit and the worker have agreed not to stipulate a definite ending date.An employing unit and a worker may conclude an open-ended labor contract upon reaching consensus through consultation.If a worker proposes or agrees to renew the labor contract or to conclude a labor contract in any of the following circumstances,an open-ended labor contract shall be concluded,unless the worker requests the conclusion of a fixed-term labor contract:(1)The worker has been working for the employing unit for a consecutive period of10or more years;(2)The worker has been working for the employing unit for a consecutive period of10or more years but less than10years away from the statutory retirement age when the employing unit introduces the labor contract system or when the State-owned enterprise has to conclude a new labor contract with him as a result of restructuring;or(3)The worker intends to renew the labor contract after he has consecutively concluded a fixed-term labor contract with the employing unit twice and he has not been found in any of the circumstances specified in Article39or Subparagraph(1)or(2)in Article40of this Law.If an employing unit fails to conclude a written labor contract with a worker within one year as of the date when it employs the worker,it shall be deemed to have concluded an open-ended labor contract with the latter.Article15A labor contract that expires upon completion of a given job is one in which the employing unit and the worker have agreed that the period for completion of the given job is the term of the contract. An employing unit and a worker may,upon reaching consensus through consultation,conclude a labor contract which expires upon completion of a given job.Article16A labor contract shall become effective when the employing unit and the worker reach agreement through consultation thereon and both parties sign or affix their seals on the copies of the contract.The employing unit and the worker shall each keep a copy of the labor contract.Article17A labor contract shall contain the following terms:(1)name,domicile and legal representative or the principal leading person of the employing unit;(2)name,address and the number of the resident identity card or of other valid identity documents of the worker;(3)term of the labor contract;(4)job description and the place of work;(5)working hours,rest and vacation;(6)labor remuneration;(7)social insurance;(8)occupational protection,working conditions and protection against occupational hazards;and(9)other terms which are required to be included in a labor contract,as provided for by laws and regulations.In addition to the requisite terms mentioned above,an employing unit and a worker may agree to have other matters stipulated in the labor contract,such as probation period,training,confidentiality, supplementary insurance and welfare benefits.Article18If a dispute arises because the labor remuneration rate,the standard for working conditions, etc.are not definitely specified in the labor contract,the employing unit and the worker may negotiate anew.If the negotiation is unsuccessful,the relevant stipulations of the collective contract shall be applicable.If there is no collective contract or the collective contract is silent on the issue of labor remuneration,equal pay for equal work shall be practiced.If there is no collective contract or the collective contract is silent on the standards for working conditions,etc.,the relevant regulations of the State shall apply.Article19If the term of a labor contract is more than three months but less than one year,the probation period may not exceed one month;if the term is more than one year but less than three years, the probation period may not exceed two months;and if the term is fixed for three or more years or is open-ended,the probation period may not exceed six months.An employing unit and a worker may agree upon only one probation period.No probation period may be stipulated in a labor contract that expires upon completion of a given job or in a labor contract for a term of less than three months.The probation period shall be included in the term of a labor contract.If a labor contract only provides for a probation period,that period shall not stand and the term provided for shall be the term of the labor contract.Article20The wage of a worker on probation shall not be lower than the lowest wage level for the same job of the employing unit or be less than80per cent of the wage agreed upon in the labor contract,and shall not be lower than the minimum wage rate in the place where the employing unit is located.Article21An employing unit may not revoke a labor contract during the probation period unless the worker is found in one of the circumstances specified in Article39or Subparagraph(1)or(2)in Article 40of this Law.If an employing unit revokes a labor contract during the probation period,it shall explain the reasons to the worker.Article22If an employing unit provides special funding for a worker's training and gives him professional technical training,it may conclude an agreement with the worker specifying the term of service.If the worker breaches the agreement on the term of service,he shall pay a penalty to the employing unit as agreed upon.The sum of the penalty may not exceed the training expenses paid by the employing unit. The penalty that the employing unit requires the worker to pay may not exceed the portion of the trainingexpenses allocable to the unperformed portion of the term of service.Where the employing unit and the worker reach an agreement on the term of service,the raise in the worker's remuneration according to the regular wage adjustment mechanism during the term of service shall not be adversely affected.Article23An employing unit and a worker may have such terms stipulated in the labor contract as keeping business secrets of the employing unit and keeping confidential the matters relating to its intellectual property rights.With regard to a worker who has a confidentiality obligation,the employing unit may have stipulated in the labor contract or confidentiality agreement competition restriction and payment of financial compensation to him on a monthly basis during the term of the competition restriction after the labor contract is revoked or terminated.If the worker breaches the stipulation on competition restriction,he shall pay penalty to the employing unit as agreed upon.Article24The persons subject to competition restriction shall be limited to senior managers,senior technicians and other persons who are under the confidentiality obligation to the employing unit.The scope,geographic area and term of competition restriction shall be agreed upon by the employing unit and the worker,and such agreement shall not be at variance with the provisions of laws and regulations. The term of competition restriction,calculated from the revocation or termination of the labor contract, for one of the persons,as mentioned in the preceding paragraph,to go to work for a competing employing unit that produces or deals in the same type of products or is engaged in the same type of business as his original employing unit,or to establish his own business to produce or deal in the same type of products or engage in the same type of business shall not exceed two years.Article25With the exception of the circumstances specified in Articles22and23of this Law,an employing unit shall not enter into an agreement with a worker on payment of penalty by the worker for breach of contract.Article26A labor contract shall be invalid or partially invalid under one of the following circumstances:(1)The labor contract is concluded or modified against a party's true intention by means of deception or coercion,or when the party is in precarious situations;(2)The employing unit disclaims its statutory responsibility or denies the worker his rights;or(3)The labor contract is at variance with the mandatory provisions of laws or administrative regulations. If a dispute arises over the invalidity or partial invalidity of a labor contract,the matter shall be determined by a labor dispute arbitration institution or a people's court.Article27If part of a labor contract is invalid,which does not affect the validity of the rest of the contract,the rest shall remain valid.Article28If a labor contract is determined to be invalid but the worker has performed it,the employing unit shall pay the worker remuneration.The amount of remuneration shall be determined mutatis mutandis according to that for the workers holding the same or similar posts in the employing unit.Chapter III Performance and Modification of a Labor ContractArticle29An employing unit and a worker shall fully perform their respective obligations in accordance with the labor contract.Article30The employing unit shall pay their workers remuneration on time and in full in accordance with the labor contract and the regulations of the State.If an employing unit defaults in payment or underpays the labor remuneration,the worker concerned may,in accordance with law,apply to the local people's court for an order for payment,and the people's court shall issue such an order in accordance with law.Article31The employing unit shall strictly implement the norm set for labor quota and shall not compel the workers to work overtime or do so in disguised form.If an employing unit arranges for a worker to work overtime,it shall give him overtime pay in accordance with the relevant regulations of the State.Article32A worker shall not be deemed to be breaching the labor contract if he refuses to perform hazardous operations under instructions given in violation of rules and regulations or peremptorily given by a manager of the employing unit.A worker shall have the right to criticize or report or lodge accusations against the employing unit in respect of the working conditions that endanger his life or health.Article33Where an employing unit alters its name,replaces its legal representative,the principal leading person or investor(s),etc.,performance of the labor contract shall not be affected.Article34Where an employing unit is merged,divided,etc.,the existing labor contract shall remain valid and continue to be performed by the employing unit which succeeds to its rights and obligations.Article35An employing unit and a worker may modify the provisions of the labor contract,if they reach consensus on the matter through consultation.Modification of a labor contract shall be made in writing.The employing unit and the worker shall each keep a copy of the modified labor contract.Chapter IV Revocation and Termination of a Labor ContractArticle36An employing unit and a worker may revoke the labor contract if they reach consensus on the matter through consultation.Article37A worker may have the labor contract revoked by giving a written notification to the employing unit30days in advance.During the probation period,a worker may have the labor contract revoked by notifying the employing unit of his intention three days in advance.Article38A worker may have the labor contract revoked if the employing unit is found in any of the following circumstances:(1)failing to provide occupational protection or working conditions as agreed upon in the labor contract;(2)failing to pay labor remuneration on time and in full;(3)failing to pay the social insurance premiums for the worker in accordance with law;(4)having rules and regulations that are at variance with laws or regulations,thereby impairing the worker's rights and interests;(5)invalidating the labor contract as a result of one of the circumstances specified in the first paragraph of Article26of this Law;or(6)other circumstances in which a worker may have the labor contract revoked as provided for by laws or administrative regulations.If an employing unit forces a person to work by resorting to violence,intimidation or illegal restriction ofpersonal freedom,or if it gives instructions in violation of rules and regulations or gives peremptory orders to the worker to perform hazardous operations,which endanger his personal safety,the latter may revoke the labor contract forthwith without notifying the employing unit of the matter in advance.Article39The employing unit may have the labor contract revoked if a worker is found in any of the following circumstances:(1)being proved unqualified for recruitment during the probation period;(2)seriously violating the rules and regulations of the employing unit;(3)causing major losses to the employing unit due to serious dereliction of duty or engagement in malpractices for personal gain;(4)concurrently establishing a labor relationship with another employing unit,which seriously affects the accomplishment of the task of the original employing unit,or refusing to rectify after the original employing unit brings the matter to his attention;(5)invalidating the labor contract as a result of the circumstance specified in Subparagraph(1)of the first paragraph of Article26of this Law;or(6)being investigated for criminal responsibility in accordance with law.Article40In one of the following circumstances,an employing unit may revoke the labor contract,if it notifies in writing the worker of its intention30days in advance or after paying him an extra one month salary:(1)The worker is unable to take up his original work or any other work arranged by the employing unit on the expiration of the specified period of medical treatment for illness or for injury incurred when not at work;(2)The worker is incompetent for the post and remains incompetent after receiving a training or being assigned to another post;or(3)The objective conditions taken as the basis for conclusion of the contract have greatly changed,so that the original labor contract cannot be performed and,after consultation between the employing unit and the worker,no agreement is reached on modification of the contents of the labor contract.Article41If,in any of the following circumstances,an employing unit needs to cut employment by more than20persons,or by less than20persons,which,however,accounts for more than10per cent of the total number of the enterprise's employees,it may do so after it explains the situation to the trade union or all of its employees30days in advance,solicits opinions from among them and submit its plan for cutting employment to the administrative department of labor:(1)The enterprise is to undergo reorganization pursuant to the provisions of the Law on Enterprise Bankruptcy;(2)The enterprise is in dire straits in production and management;(3)The enterprise changes its line of production,introduces a major technological updating or adjusts its business method,and,after modification of the labor contracts,still needs to reduce its personnel;or (4)The objective economic conditions taken as the basis for conclusion of the labor contracts have greatly changed,so that the original labor contracts cannot be performed.When cutting employment,the employing unit shall continue to employ the following persons by giving priority to them:(1)persons who have concluded fixed-term labor contracts for a relatively long term with the employingunit;(2)persons who have concluded open-ended labor contracts with the employing unit;and(3)persons none of whose other family members has a job or who have an elder or minor depending on his support.If an employing unit that has cut its employment pursuant to the provisions in the first paragraph of this Article goes to recruit employees anew within six months,it shall give notification to the laid off persons and,under equal conditions,recruit them before others.Article42The employing unit may not revoke the labor contract concluded with the worker,who is under one of the following circumstances,by applying the provisions in Articles40and41of this Law:(1)Being engaged in operations exposed to occupational disease hazards,the worker is not given pre-departure occupational health examinations,or being suspected of an occupational disease,is in the process of being diagnosed or is under medical observation;(2)Having contracted an occupational disease or being injured at work,the work is confirmed to have totally or partially lost the ability to work;(3)The worker is in the prescribed period of medical treatment for illness,or for injury incurred when not at work,and;(4)The worker is during the pregnant,puerperal or breast-feeding stage;(5)The worker has been working for the employing unit continuously for15years in full and is less than 5years away from the statutory retirement age;or(6)The worker is in any other circumstances as provided for by laws or administrative regulations.Article43Where an employing unit intends to revoke a labor contract unilaterally,it shall notify the trade union of the reasons in advance.If the employing unit violates the provisions of laws or administrative regulations or the labor contracts,the trade union shall have the right to demand that the employing unit put it right.The employing unit shall consider the trade union's opinion and notify the trade union in writing of the settlement of the matter.Article44A labor contract shall be terminated under one of the following circumstances:(1)The term of the contract expires;(2)The worker concerned begins to enjoy the benefits of the basic old-age insurance pension in accordance with law;(3)The worker concerned dies,or is declared dead or missing by the people's court;(4)The employing unit is declared bankrupt in accordance with law;(5)The business license of the employing unit is revoked,the employing unit is ordered to close down or to dissolve,or it decides to dissolve on an earlier date;or(6)any other circumstances provided for by laws and administrative regulations.Article45At the expiration of a labor contract,under one of the circumstances prescribed in Article 42of this Law,the term of the labor contract shall be extended until the necessary conditions cease to exist.However,the termination of a labor contract with a worker who has totally or partially lost the ability to work,as specified in Subparagraph(2)of Article42of this Law shall be handled in accordance with the regulations of the State governing insurance for work-related injury.Article46The employing unit shall pay financial compensation to a worker under one of the followingcircumstances:(1)The worker revokes the labor contract pursuant to the provisions in Article38of this Law;(2)The employing unit proposes revocation of the labor contract to the worker pursuant to the provisions in Article36of this Law and the parties reach an agreement thereon through consultation;(3)The employing unit revokes the labor contract pursuant to the provisions in Article40of this Law;(4)The employing unit revokes the labor contract pursuant to the provisions in the first paragraph of Article41of this Law;(5)The fixed-term labor contract is terminated pursuant to the provisions in Subparagraph(1)of Article 44of this Law,except that the worker does not agree to renew the contract even though the employing unit maintains the same conditions as,or offers better conditions than,the ones stipulated in the previous contract;(6)The labor contract is terminated pursuant to the provisions of Subparagraph(4)or(5)of Article44of this Law;or(7)Under any other circumstances provided for by laws or administrative regulations.Article47Financial compensation shall be paid on the basis of the number of years a person works in a unit,the rate being one month's salary for the work of one full year.If he has worked for six months or more but less than one year,the time shall be calculated as one year;and if he has worked for less than six months,he shall be paid half of his monthly salary as financial compensation.If the monthly salary of a worker is three times the average monthly salary of the workers of the region for the previous year,which is published by the people's government of the municipality directly under the Central Government or by that of the city divided into districts where the employing unit is located,the rate for his financial compensation payable shall be three times the average monthly salary of the workers,and the number of years involved shall not exceed12years.For the purposes of this Article,the monthly salary means the average of a given worker's monthly salary for the12months prior to the revocation or termination of the labor contract.Article48Where an employing unit revokes or terminates a labor contract in violation of the provisions of this Law and the worker involved demands continued performance of the contract,the employing unit shall continue performing the same.If the worker does not demand so or if it becomes impossible for continued performance of the labor contract,the employing unit shall pay compensation pursuant to the provisions in Article87of this Law.Article49The State takes measures to establish and improve an inter-regional system to ensure that a worker's social insurance account is continued when he is transferred to another region.Article50An employing unit shall issue a certificate of revocation or termination of the labor contract at the time of its revocation or termination and shall,within15days,undergo the formalities for the transfer of the worker's personal file and social insurance account.The worker shall hand over the matters related to his work as agreed upon by both parties.If the employing unit needs to pay financial compensation to the worker according to the relevant provisions of this Law,it shall make such payment upon completion of the procedure for handover of the work-related matters.The employing unit shall keep the copy of a revoked or terminated labor contract for at least two years for reference.。