Decree No. 65 of the People's Republic of China on the Labor Contract Law of the People's Republic of China was adopted by the 28th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 29, 2007, and is now promulgated , Effective from January 1, 2008.
Hu Jintao, President of the People's Republic of China
June 29, 2007
Labour Contract Law of the People's Republic of China
(Adopted at the 28th meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2007)
table of Contents
Chapter 1 General Rules
Chapter 2 Conclusion of labor contract
Chapter 3 Performance and Change of Labor Contract
Chapter 解除 Cancellation and Termination of Labor Contract
Chapter 5 Special Provisions
Section 1 Collective contract
Section 2 Labor dispatch
Section 3 Part-time workers
Chapter 6 Supervision and Inspection
Chapter 7 Legal Liability
Chapter 8 Provisions
Chapter 1 General Rules
Article 1 This Law is enacted in order to improve the labor contract system, clarify the rights and obligations of the parties to the labor contract, protect the legitimate rights and interests of workers, and establish and develop a harmonious and stable labor relationship.
Article 2 This Law applies to enterprises, individual economic organizations, private non-enterprise units, and other organizations (hereinafter referred to as employers) within the People's Republic of China that establish labor relations with laborers and conclude, perform, change, cancel, or terminate labor contracts.
The conclusion, performance, modification, termination or termination of labor contracts by state agencies, institutions, social organizations and laborers with whom they have established labor relations shall be implemented in accordance with this Law.
Article 3 The conclusion of a labor contract shall follow the principles of lawfulness, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the laborer shall perform the obligations stipulated in the labor contract.
Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
When an employer formulates, revises, or decides on labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, employee training, labor discipline, and labor quota management, etc., which directly affect the workers' vital interests, they should: After discussions at the workers 'congress or all employees, plans and opinions are put forward, and they are determined on the basis of equal consultation with the trade union or the workers' representatives.
中 During the implementation of the rules and regulations and major decisions, if the trade union or employee considers it inappropriate, it has the right to raise it with the employer and amend it through negotiation.
The employer shall publicize the rules and regulations and major matters directly related to the immediate interests of the workers, or inform the workers.
Article 5 The labor administrative department of the people's government at or above the county level will work with unions and representatives of enterprises to establish and improve a tripartite mechanism for coordinating labor relations and work together to resolve major issues related to labor relations.
(Article 6) Trade unions shall help and guide laborers and employers to conclude and perform labor contracts in accordance with the law, and establish a collective negotiation mechanism with employers to safeguard the legitimate rights and interests of laborers.
Chapter II: Conclusion of Labor Contracts
Article 7 Employees have established labor relations with workers from the date of employment. The employer shall establish a staff register for future reference.
Article 8 When recruiting workers, the employer shall truthfully inform the workers of the work content, working conditions, work place, occupational hazards, work safety status, labor remuneration, and other conditions required by the workers; the employer has the right to know the labor The laborer shall directly explain the basic conditions directly related to the labor contract.
Article 9 Employing units shall not detain workers' resident identity cards and other documents, or require workers to provide security or collect property from workers in other names.
Article 10 To establish a labor relationship, a written labor contract shall be concluded.
劳动 Where a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
(2) If an employer and a laborer conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 11 If the employer does not conclude a written labor contract at the same time as the labor, and the labor remuneration agreed with the laborer is not clear, the labor remuneration of the newly recruited laborer shall be implemented in accordance with the standards stipulated in the collective contract; there is no collective contract or collective contract If there is no stipulation, equal pay for equal work shall be implemented.
Article 12 Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts, and labor contracts with a deadline to complete certain tasks.
Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time of the contract.
(2) The employer and the employee can conclude a fixed-term labor contract through consultation.
Article 14 An open-term labor contract refers to a labor contract with which the employer and the employee agree that there is no definite termination time.
(2) The employer and the employee can conclude an open-term labor contract through consultation. In one of the following circumstances, if the laborer proposes or agrees to renew or conclude a labor contract, in addition to the laborer's proposal to conclude a fixed-term labor contract, an open-term labor contract shall be concluded:
(1) The worker has worked in the employing unit for ten consecutive years;
(2) when the employer first implements the labor contract system or the state-owned enterprise restructuring re-enters a labor contract, the employee has worked continuously for ten years in the employer and is less than ten years from the legal retirement age;
(3) Continuing to conclude a second fixed-term labor contract, and the worker renews the labor contract without the circumstances stipulated in Articles 39 and 40 of Article 1 and Article 2 of this Law. If the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have entered into an open-term labor contract.
Article 15 A labor contract with a period of time to complete a certain work task refers to a labor contract with which the employer and the employee have agreed that the completion of a certain task shall be the period of the contract.
Employers and workers can reach a labor contract with the term of completion of certain work tasks through consultation.
Article 16 The labor contract shall be agreed upon between the employer and the employee, and shall take effect after the employer and the employee sign or stamp the text of the labor contract.
文本 The employer and the employee shall hold one copy of the text of the labor contract.
Article 17 The labor contract shall have the following provisions:
(1) Name, domicile and legal representative or principal responsible person of the employer;
(2) The name, address and resident identity card or other valid identification number of the worker;
(3) Duration of the labor contract;
(4) Work content and work place;
(5) Working hours and rest breaks;
(6) Labor remuneration;
(7) Social insurance;
(8) Labor protection, labor conditions and occupational hazard protection;
(9) Other matters that should be included in the labor contract as stipulated by laws and regulations.
除 In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probation period, training, keeping secrets, supplementary insurance and welfare treatment.
Article 18 The labor contract is not clear on the standard of labor remuneration and labor conditions, and if disputes arise, the employer and the employee may renegotiate; if the negotiation fails, the provisions of the collective contract shall apply; there is no collective contract or the collective contract does not stipulate labor compensation. If there is no collective contract or the collective contract does not stipulate labor conditions and other standards, relevant state regulations shall apply.
Article 19 If the term of a labor contract is more than three months and less than one year, the probation period shall not exceed one month; if the term of the labor contract is more than one year and less than three years, the probation period shall not exceed two months; a fixed period of more than three years and no fixed term The duration of a labor contract shall not exceed six months.
The same employer and the same worker can only agree on one trial period.
试用 A probation period shall not be stipulated for a labor contract with a period of time to complete a certain work task or the term of the labor contract is less than three months.
The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period does not hold, and this period is the labor contract period.
Article 20 The wages of the workers during the probation period shall not be lower than the minimum salary of the same post in the unit or 80% of the wages stipulated in the labor contract, and shall not be lower than the minimum wage of the employer's location.
(Article 21) During the probation period, the employer shall not terminate the labor contract except in cases where the employee has the conditions stipulated in Article 39 and Article 40, Paragraphs 1 and 2. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.
Article 22 的 Employers who provide special training fees for workers and provide them with professional and technical training may enter into agreements with the workers and agree on service periods.
If a worker violates the terms of service, he shall pay the liquidated damages to the employer in accordance with the contract. The amount of liquidated damages shall not exceed the training costs provided by the employer. The liquidated damages that the employer requires the worker to pay shall not exceed the training costs that should be shared among the unfulfilled parts of the service period.
的 If the employer and the employee agree on the service period, it will not affect the increase of labor compensation during the service period according to the normal wage adjustment mechanism.
(Article 23) The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.
For laborers who have a duty of confidentiality, the employer may agree with the laborer in the labor contract or confidentiality agreement on the restrictions on competition, and it is agreed that after the labor contract is terminated or terminated, the laborer shall be given economic benefits on a monthly basis within the time limit for competition. make up. If a worker violates the stipulations on competition restrictions, he shall pay the employer a breach of contract penalty.
Article 24 Persons with restrictions on competition are limited to the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employer. The scope, area and duration of competition restrictions shall be agreed upon between the employer and the worker. The agreement on competition restrictions shall not violate the provisions of laws and regulations.
After the termination or termination of the labor contract, the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with the unit to produce or operate similar products and engage in similar business, or start their own business to produce or operate similar products or engage in similar business. The limitation period shall not exceed two years.
(Article 25) Except in the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the laborer that the laborer shall bear the penalty for breach of contract.
Article 26 The following labor contracts are invalid or partially invalid:
(1) using fraud, coercion, or taking advantage of others to cause the other party to conclude or change a labor contract against its true meaning;
(2) The employer is exempted from its statutory liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
争议 If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.
(Article 27) If part of the labor contract is invalid and does not affect the effectiveness of other parts, the other parts are still valid.
Article 28 If the labor contract is confirmed to be invalid and the laborer has paid labor, the employer shall pay the laborer remuneration. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions.
Chapter III: Implementation and Change of Labor Contracts
Article 29 Employers and workers shall fully perform their respective obligations in accordance with the terms of the labor contract.
Article 30 Employers shall pay labor remuneration to the workers in full and on time in accordance with the labor contract and the state regulations.
If the employer is in arrears or has not paid the labor remuneration in full, the worker may apply to the local people's court for a payment order, and the people's court shall issue a payment order in accordance with the law.
Article 31 Employers shall strictly implement labor quota standards and shall not force or disguise workers to work overtime. Where an employer arranges overtime work, it shall pay overtime pay to workers in accordance with relevant state regulations.
Article 32 A worker who refuses to employ an employer's management personnel in violation of rules and orders to force risky operations shall not be deemed to have violated a labor contract.
Laborers have the right to criticize, report and sue employers on labor conditions that endanger life and health.
Article 33 The change of name, legal representative, main person in charge or investor of the employer shall not affect the performance of the labor contract.
(Article 34) In the event of a merger or division of the employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that has inherited its rights and obligations.
Article 35 Employers and workers can negotiate to agree to change the contents of the labor contract. Labour contracts should be changed in writing.
The changed labor contract text shall be held by the employer and the employee.
Chapter IV: Cancellation and Termination of Labor Contracts
Article 36 Employers and laborers can reach an agreement to terminate the labor contract.
Article 37 The labor contract may be terminated by the employee notifying the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 Employers may terminate the labor contract if the employer has any of the following circumstances:
(1) Failure to provide labor protection or labor conditions as agreed in the labor contract;
(2) Failure to pay labor remuneration in full and on time;
(3) Failure to pay social insurance premiums for workers in accordance with law;
(4) The rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalidated due to circumstances specified in Article 26, paragraph 1 of this Law;
(6) Other circumstances in which the labor contract can be terminated by laws and administrative regulations.
If the employer forces the worker to labor by means of violence, threats or illegal restrictions on personal freedom, or if the employer illegally commands or compels risky operations to endanger the worker ’s personal safety, the worker may immediately terminate the labor contract without notifying the employer in advance .
Article 39 Employers may terminate a labor contract in the following cases:
(1) It is proved that the qualifications are not met during the trial period;
(2) Serious violations of the rules and regulations of the employer;
(3) Serious misconduct, malpractice for personal gain, and causing significant damage to the employer;
(4) 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;
(5) The labor contract is invalidated due to circumstances specified in Article 26, Paragraph 1 (1);
(6) Those who have been investigated for criminal responsibility according to law.
(Article 40) In any of the following circumstances, the employer may terminate the notice in writing to the worker 30 days in advance or pay the worker an additional month's wages, which can be cancelled.