Regulations of the People's Republic of China on the Implementation of the Labor Contract Law
State Council Order No. 535
Chapter 1 General Provisions
Chapter 2 Conclusion of labor contract
Chapter Cancellation and Termination of Labor Contract
Chapter Special Provisions for Labor Dispatching
Chapter 5 Legal Liability
Chapter 6 Supplementary Provisions
The "Implementation Regulations of the Labor Contract Law of the People's Republic of China" has been adopted by the 25th executive meeting of the State Council on September 3, 2008, and is now promulgated and will be implemented as of the date of promulgation.
September 18, 2008
Chapter 1 General Provisions
(Article 1) In order to implement the Labor Contract Law of the People's Republic of China (hereinafter referred to as the Labor Contract Law), these regulations are formulated.
Article 2 People's governments at all levels and relevant departments of labor administration of the people's governments at and above the county level, as well as trade unions and other organizations, shall take measures to promote the implementation of the Labor Contract Law and promote the harmonious labor relationship.
(3) Partnership organizations and foundations, such as accounting firms and law firms, established in accordance with the law, belong to the employers stipulated in the Labor Contract Law.
Chapter 2 Conclusion of labor contract
Article 4 If a branch established by an employer as stipulated in the Labor Contract Law obtains a business license or registration certificate in accordance with the law, it may be concluded as an employment contract between the employer and the employee; if the business license or registration certificate is not obtained in accordance with the law, it may be entrusted by the employer. Sign labor contracts with workers.
Article 5 Within one month from the date of employment, if the employee does not conclude a written labor contract with the employer after written notification from the employer, the employer shall notify the employee in writing to terminate the labor relationship without paying economic compensation to the employee. However, workers shall be paid labor compensation for their actual working hours in accordance with the law.
Article 6 If the employer has not concluded a written labor contract with the employee for more than one month and less than one year from the date of employment, the employee shall pay the employee two times the monthly salary in accordance with Article 82 of the Labor Contract Law, and Make a written labor contract with the employee; if the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
(2) The starting time for the employer to pay twice as much wages per month to the employee as specified in the preceding paragraph shall be the day after the end of one month from the date of employment, and the deadline shall be the day before the written labor contract is replenished.
Article 7 If the employer has not concluded a written labor contract with the employee for one year from the date of employment, the labor contract law shall be in accordance with the eightyth day of the labor contract law. The provisions of Article 2 pay the workers twice a month's wages, and they are deemed to have entered into an open-term labor contract with the workers on the day one year after the date of employment, and a written labor contract should be made with the workers immediately.
Article 8 The employee register as stipulated in Article 7 of the Labor Contract Law shall include the name, gender, citizenship number, household address and current residence address, contact information, form of employment, start time of employment, duration of labor contract, etc.
Article 9 The start time of continuous work as stipulated in Article 14, Paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date of employment of the employer, including the number of years of work before the implementation of the Labor Contract Law.
Article 10 If a worker is arranged to work in a new employer from his original employer for reasons other than his own, the working years of the employee in the original employer are combined and calculated as the working years of the new employer. If the original employer has paid economic compensation to the laborer, the new employer shall no longer calculate the number of working years of the employee in the original employer when calculating the number of working years for which the economic compensation is paid according to the law.
Article 11 Except in the case where the employee and the employer have reached an agreement, if the employee proposes to enter into an open-term labor contract in accordance with the provisions of Article 14 (2) of the Labor Contract Law, the employer shall enter into an open-term labor agreement with him contract. The contents of the labor contract shall be negotiated and determined by the two parties in accordance with the principles of legality, fairness, equality, voluntariness, consensus, and good faith; the contents of the inconsistencies shall be implemented in accordance with the provisions of Article 18 of the Labor Contract Law.
Article 12 The labor contracts of non-fixed-term labor provided by the local people's governments at all levels and relevant departments of local people's governments at or above the county level to provide job subsidies and social insurance subsidies to non-employed persons are not applicable to labor contracts. The provisions of the contract and the provisions for payment of economic compensation.
十三 Article 13 Employers and workers shall not agree on other termination conditions of the labor contract other than the termination of the labor contract stipulated in Article 44 of the Labor Contract Law.
Article 14 Where the place of performance of a labor contract is inconsistent with the place of registration of the employer, matters such as the minimum wage standard, labor protection, labor conditions, occupational hazard protection, and the average monthly salary standard of employees in the region in the previous year shall be performed in accordance with the labor contract The relevant provisions of the place of registration of the employer shall be higher than the relevant standards of the place of performance of the labor contract, and the agreement between the employer and the worker shall be implemented in accordance with the relevant provisions of the place of registration of the employer.
Article 15 The wages of a worker during the probation period shall not be lower than 80% of the minimum wage of the same post in the unit or 80% of the wage stipulated in the labor contract, and shall not be lower than the minimum wage of the employer's location.
Article 16 The training expenses stipulated in Article 22 (2) of the Labor Contract Law include the training fees paid by employers for professional and technical training of employees, travel expenses during the training period, and training expenses. Other direct costs for the worker.
Article 17 When the labor contract expires, but the service period agreed upon by the employer and the employee according to Article 22 of the Labor Contract Law has not expired, the labor contract shall be renewed until the service period expires; if both parties agree otherwise, From its agreement.
Chapter Cancellation and Termination of Labor Contract
(Article 18) In any of the following circumstances, according to the conditions and procedures stipulated in the Labor Contract Law, the employee may terminate the fixed-term labor contract, the non-fixed-term labor contract, or the labor contract with the deadline to complete a certain work task:
一 (1) the laborer and the employer have reached consensus;
二 (2) The employee notified the employer in writing 30 days in advance;
三 (3) The employee informs the employer 3 days in advance during the probation period;
(4) The employer fails to provide labor protection or labor conditions as agreed in the labor contract;
(5) The employer fails to pay the labor remuneration in full and on time;
(6) The employer fails to pay social insurance premiums for the workers in accordance with the law;
(7) The rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of workers;
八 (8) The employer uses fraud, coercion, or threats to make the laborer enter into or change the labor contract against the true meaning;
(9) The employer is exempted from its statutory responsibility and excludes the rights of workers in the labor contract;
(10) The employer violates the mandatory provisions of laws and administrative regulations;
(11) Employers force workers to work by means of violence, threats or illegal restrictions on personal freedom;
十二 (12) Employing units to illegally command or force risky operations to endanger the personal safety of workers;
十三 (13) Other circumstances in which labor and employment contracts can be terminated by laws and administrative regulations.
(Article 19) In any of the following situations, the employer may terminate a fixed-term labor contract, an open-term labor contract, or a labor contract with a period of time to complete a certain work task in accordance with the conditions and procedures stipulated in the Labor Contract Law:
(1) The employer and the worker have reached consensus through consultation;
二 (2) laborers were found not to meet the employment conditions during the probation period;
三 (3) laborers have seriously violated the rules and regulations of the employer;
四 (4) serious misconduct of the worker, malpractices of private business, and causing significant damage to the employer;
(5) Laborers who have established labor relations with other employers at the same time have severely affected the completion of their work tasks, or refused to make corrections as proposed by the employer;
六 (6) The laborer concludes or changes the labor contract by using means of fraud, coercion, or taking advantage of the danger of the employer to violate the true meaning;
(7) Laborers are investigated for criminal responsibility according to law;
(8) Workers who are ill or are not injured due to work and are unable to perform the original work after the prescribed medical period has expired, or to perform work arranged by the employer;
九 (9) Workers are not qualified for work, and are still not qualified for work after training or adjustment of work positions;
十 (10) Significant changes in the objective conditions on which the labor contract was concluded, which made it impossible to perform the labor contract, and failed to reach an agreement on changing the content of the labor contract after the employer and the employee negotiated;
十一 (11) Employer's reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;
(12) Serious difficulties in the production and operation of the employer;
十三 (13) Enterprises who need to reduce staff after changing production contracts, major technological innovations, or adjustments to their operating methods;
十四 (14) Other major changes in the objective economic conditions on which the labor contract is based make the labor contract impossible to perform.
Article 20 的 If the employer chooses to pay an additional one month's wages to terminate the labor contract in accordance with the provisions of Article 40 of the Labor Contract Law, the additional wages shall be determined in accordance with the wage standard of the previous month.
Article 21 The labor contract is terminated when the worker reaches the legal retirement age.
Article 22 If a labor contract with a deadline for completing a certain work task is terminated due to the completion of the task, the employer shall pay economic compensation to the worker in accordance with the provisions of Article 47 of the Labor Contract Law.
Article 23 If an employer terminates a labor contract for an employee injured at work in accordance with the law, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, a one-time work injury medical subsidy and Disability Employment Grant.
Article 24 The certificate of termination or termination of the labor contract issued by the employer shall specify the term of the labor contract, the date of termination or termination of the labor contract, the job position, and the number of years of work in the unit.
(Article 25) If an employer terminates or terminates a labor contract in violation of the provisions of the Labor Contract Law, and has paid compensation in accordance with Article 87 of the Labor Contract Law, no economic compensation shall be paid. The calculation period of compensation is calculated from the date of employment.
Article 26 If the employer has agreed on a service period with the employee, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a breach of the agreement on the service period. .
之一 In one of the following situations, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay the employer a breach of contract in accordance with the contract of the labor contract:
一 (1) The worker seriously violates the rules and regulations of the employer;
二 (2) serious misconduct of the worker, malpractices of private business, and causing significant damage to the employer;
三 (3) The laborer has also established labor relations with other employers at the same time, which severely affects the completion of the work tasks of the employer, or refuses to make corrections as proposed by the employer;
四 (4) The laborer concludes or changes the labor contract against the true intention by the employer unit by means of fraud, coercion or taking advantage of the danger of the person;
(5) Workers are investigated for criminal responsibility according to law.
Article 27 The monthly salary for economic compensation as stipulated in Article 47 of the Labor Contract Law is calculated according to the wages due to workers, including hourly or piecewise wages and monetary income such as bonuses, allowances and subsidies. If the average wage of a worker 12 months before the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If the laborer has worked less than 12 months, the average salary shall be calculated according to the actual number of months worked.
Chapter Special Provisions for Labor Dispatching
Article 28 A labor dispatch unit that is funded by an employer or its affiliate or is set up in partnership and dispatches laborers to this unit or its affiliate belongs to a labor dispatch unit that cannot be established as stipulated in Article 67 of the Labor Contract Law.
Article 29 Employing units shall perform their obligations under Article 62 of the Labor Contract Law and safeguard the legitimate rights and interests of the dispatched workers.
Article 30 A labor dispatch unit may not recruit dispatched workers in the form of part-time employment.
Article 31 The economic compensation for the labor dispatch unit or the dispatched worker to terminate or terminate the labor contract according to law shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.
Article 32 If the labor dispatch unit illegally terminates or terminates the labor contract of the dispatched laborer, it shall be implemented in accordance with the provisions of Article 48 of the Labor Contract Law.
Chapter 5 Legal Liability
Article 33 的 If the employer violates the provisions of the Labor Contract Law concerning the establishment of the employee register, the labor administrative department shall order correction within a time limit; if it fails to make corrections within the time limit, the labor administrative department shall impose a fine of 2,000 yuan to 20,000 yuan.
Article 34 If the employer shall pay the employee twice the salary per month in accordance with the provisions of the Labor Contract Law, or shall pay compensation to the employee without paying the compensation, the labor administrative department shall order the employer to pay.
Article 35 If the employing unit violates the labor contract law and the relevant labor dispatch provisions of these regulations, the labor administrative department and other relevant competent departments shall order correction; if the circumstances are serious, each of the dispatched workers shall be between 1,000 yuan and 5,000 yuan The standard shall impose a fine; if the dispatched worker causes damage, the labor dispatching unit and the employing unit shall bear joint and several liability.
Chapter 6 Supplementary Provisions
(Article 36) Complaints and reports of violations of the Labor Contract Law and these Regulations shall be handled by the labor administrative department of the local people's government at or above the county level in accordance with the Regulations on Labor Security Supervision.
Article 37 If a dispute arises between a laborer and an employer due to the conclusion, performance, alteration, termination or termination of a labor contract, it shall be handled in accordance with the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.
(Article 38) These Regulations shall become effective on the date of promulgation.