|Order of the President of the People’s Republic of China|
The Labor Contract Law of the People’s Republic of China, which was adopted at the 28th Session of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007, is hereby promulgated and shall come into force as of January 1, 2008.
President of the People’s Republic of China Hu Jintao
June 29, 2007
Labor Contract Law of the People’s Republic 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)
Chapter I General Provisions
|Chapter I General Provisions||第一章 总则|
|Article 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.||第一条 为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。|
|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 of employees’ 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 equal 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 administrative 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.||第五条 县级以上人民政府劳动行政部门会同工会和企业方面代表，建立健全协调劳动关系三方机制，共同研究解决有关劳动关系的重大问题。|
|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.||第六条 工会应当帮助、指导劳动者与用人单位依法订立和履行劳动合同，并与用人单位建立集体协商机制，维护劳动者的合法权益。|
|Chapter II Formation of Labor Contracts||第二章 劳动合同的订立|
|Article 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.||第七条 用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。|
|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.||第八条 用人单位招用劳动者时，应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况；用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。|
|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.||第九条 用人单位招用劳动者，不得扣押劳动者的居民身份证和其他证件，不得要求劳动者提供担保或者以其他名义向劳动者收取财物。|
|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 shall conform 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.||第十一条 用人单位未在用工的同时订立书面劳动合同，与劳动者约定的劳动报酬不明确的，新招用的劳动者的劳动报酬按照集体合同规定的标准执行；没有集体合同或者集体合同未规定的，实行同工同酬。|
|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.||第十二条 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。|
|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:
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 name, 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; and
9. 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.||第十八条 劳动合同对劳动报酬和劳动条件等标准约定不明确，引发争议的，用人单位与劳动者可以重新协商；协商不成的，适用集体合同规定；没有集体合同或者集体合同未规定劳动报酬的，实行同工同酬；没有集体合同或者集体合同未规定劳动条件等标准的，适用国家有关规定。|
|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.||第二十条 劳动者在试用期的工资不得低于本单位相同岗位最低档工资或者劳动合同约定工资的百分之八十，并不得低于用人单位所在地的最低工资标准。|
|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.||第二十一条 在试用期中，除劳动者有本法第三十九条和第四十条第一项、第二项规定的情形外，用人单位不得解除劳动合同。用人单位在试用期解除劳动合同的，应当向劳动者说明理由。|
|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.||第二十五条 除本法第二十二条和第二十三条规定的情形外，用人单位不得与劳动者约定由劳动者承担违约金。|
|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; or
3. 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.||第二十七条 劳动合同部分无效，不影响其他部分效力的，其他部分仍然有效。|
|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 .||第二十八条 劳动合同被确认无效，劳动者已付出劳动的，用人单位应当向劳动者支付劳动报酬。劳动报酬的数额，参照本单位相同或者相近岗位劳动者的劳动报酬确定。|
|Chapter III Fulfillment and Change of Labor Contracts||第三章 劳动合同的履行和变更|
|Article 29 An employer and an employee shall, according to the stipulations of the labor contract, fully perform their respective obligations.||第二十九条 用人单位与劳动者应当按照劳动合同的约定，全面履行各自的义务。|
|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 order 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.||第三十一条 用人单位应当严格执行劳动定额标准，不得强迫或者变相强迫劳动者加班。用人单位安排加班的，应当按照国家有关规定向劳动者支付加班费。|
|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.||第三十三条 用人单位变更名称、法定代表人、主要负责人或者投资人等事项，不影响劳动合同的履行。|
|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.||第三十四条 用人单位发生合并或者分立等情况，原劳动合同继续有效，劳动合同由承继其权利和义务的用人单位继续履行。|
|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 Contracts||第四章 劳动合同的解除和终止|
|Article 36 An employer and an employee may dissolve the labor contract if they so agree upon negotiations.||第三十六条 用人单位与劳动者协商一致，可以解除劳动合同。|
|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.||第三十七条 劳动者提前三十日以书面形式通知用人单位，可以解除劳动合同。劳动者在试用期内提前三日通知用人单位，可以解除劳动合同。|
|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; or
6. Any other circumstances prescribed by other laws or administrative regulations that authorize 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; or
6. 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 prescribed 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; or
3. 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;
The following employees shall be given a priority to be kept when the employer cuts down the number of employees:
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 regulations
|Article 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.||第四十三条 用人单位单方解除劳动合同，应当事先将理由通知工会。用人单位违反法律、行政法规规定或者劳动合同约定的，工会有权要求用人单位纠正。用人单位应当研究工会的意见，并将处理结果书面通知工会。|
|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 people’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; or
6. 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 until the 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 handled according to the pertinent provisions on work-related injury insurance.||第四十五条 劳动合同期满，有本法第四十二条规定情形之一的，劳动合同应当续延至相应的情形消失时终止。但是，本法第四十二条第二项规定丧失或者部分丧失劳动能力劳动者的劳动合同的终止，按照国家有关工伤保险的规定执行。|
|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; or
5.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; or
7. 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 fulfillment of the labor contract is impossible, the employer shall pay compensation to the employee according to Article 87 of this Law.||第四十八条 用人单位违反本法规定解除或者终止劳动合同，劳动者要求继续履行劳动合同的，用人单位应当继续履行；劳动者不要求继续履行劳动合同或者劳动合同已经不能继续履行的，用人单位应当依照本法第八十七条规定支付赔偿金。|
|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.||第四十九条 国家采取措施，建立健全劳动者社会保险关系跨地区转移接续制度。|
|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’s personal 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 Provisions||第五章 特别规定|
|Section 1 Collective Contracts||第一节 集体合同|
|Article 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.||第五十二条 企业职工一方与用人单位可以订立劳动安全卫生、女职工权益保护、工资调整机制等专项集体合同。|
|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.||第五十三条 在县级以下区域内，建筑业、采矿业、餐饮服务业等行业可以由工会与企业方面代表订立行业性集体合同，或者订立区域性集体合同。|
|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, working 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.||第五十五条 集体合同中劳动报酬和劳动条件等标准不得低于当地人民政府规定的最低标准；用人单位与劳动者订立的劳动合同中劳动报酬和劳动条件等标准不得低于集体合同规定的标准。|
|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.||第五十六条 用人单位违反集体合同，侵犯职工劳动权益的，工会可以依法要求用人单位承担责任；因履行集体合同发生争议，经协商解决不成的，工会可以依法申请仲裁、提起诉讼。|
|Section 2 Worker Dispatch Service||第二节 劳务派遣|
|Article 57 A worker dispatch service provider shall be established according to the Company Law and have a registered capital of not less than RMB 500,000 yuan.||第五十七条 劳务派遣单位应当依照公司法的有关规定设立，注册资本不得少于五十万元。|
|Article 58 Worker dispatch service providers are employers as mentioned in this Law and shall perform an employer’s obligations for its employees. The labor contract between a worker dispatch service provider and a worker to be dispatched shall, in addition to the matters specified in Article 17 of this law, specify such matters as the entity to which the worker will be dispatched, the term of dispatch, positions, etc.|
The labor contracts between a worker dispatch service provider and the workers to be dispatched shall be fixed-term labor contract with a term of not less than two years. The worker dispatch service provider shall pay the remunerations on a monthly basis. During the time period when there is no work for the workers, the worker dispatch service provider shall compensate the workers on monthly basis at the minimum wage prescribed by the people’s government of the place where the worker dispatch service provider is located.
|Article 59 To dispatch workers, a worker dispatch service provider shall enter into dispatch agreements with the entity that accepts the workers under the dispatch arrangement (hereinafter referred to as the “accepting entity”). The dispatch agreements shall stipulate the positions to which the workers are dispatched, the number of persons to be dispatched, the term of dispatch, the amounts and terms of payments of remunerations and social security premiums, and the liability for breach of agreement.|
An accepting entity shall decide with the worker service dispatch provider on the term of dispatch based on the actual requirements of the positions, and it shall not dismember a continuous term of labor use into two or more short-term dispatch agreements.
|Article 60 A worker dispatch service provider shall inform the workers dispatched of the content of the dispatch agreements.|
No worker dispatch service provider may skimp any remuneration that an accepting entity pays to the workers according to the dispatch agreement.
No worker dispatch service provider or accepting entity may charge any fee against any dispatched worker.
|Article 61 If a worker dispatch service provider assigns a worker to an accepting entity in another region, the worker’s remuneration and work conditions shall be in line with the relevant standards of the place where the accepting entity is located.||第六十一条 劳务派遣单位跨地区派遣劳动者的，被派遣劳动者享有的劳动报酬和劳动条件，按照用工单位所在地的标准执行。|
|Article 62 An accepting entity shall perform the following obligations:|
1. To implement state labor standards and provide the corresponding working conditions and labor protection;
2. To communicate the job requirements and labor compensations for the dispatched workers;
3. To pay overtime remunerations and performance bonuses and provide benefits relevant to the position;
4. To provide the dispatched employees who assume the positions with required training; and
5. To implement a normal wage adjustment system in the case of continuous dispatch.
No accepting entity may in turn dispatch the workers to any other employer.
|Article 63 The workers dispatched shall have the right to receive the same pay as that received by employees of the accepting entity for the same work. If an accepting entity has no employee in the same position, the remunerations shall be determined with reference to that paid in the place where the accepting entity is located to employees at the same or a similar position.||第六十三条 被派遣劳动者享有与用工单位的劳动者同工同酬的权利。用工单位无同类岗位劳动者的，参照用工单位所在地相同或者相近岗位劳动者的劳动报酬确定。|
|Article 64 The workers dispatched have the right to join the labor union of the worker dispatch service provider or of the accepting entity or to organize such unions, so as to protect their own lawful rights and interests.||第六十四条 被派遣劳动者有权在劳务派遣单位或者用工单位依法参加或者组织工会，维护自身的合法权益。|
|Article 65 A worker dispatched may, according to Articles 36 and 38 of this Law, dissolve the labor contract between him and the worker dispatch service provider.|
Where a worker dispatched is under any of the circumstances as mentioned in Article 39 and Article 40 (i) and (ii), the accepting entity may return the worker to the worker dispatch service provider, the worker dispatch service provider may dissolve the labor contract with the worker.
|Article 66 The worker dispatch services shall normally be used for temporary, auxiliary, or substituting positions.||第六十六条 劳务派遣一般在临时性、辅助性或者替代性的工作岗位上实施。|
|Article 67 No accepting entity may establish any worker dispatch service to dispatch the workers to itself and to its subsidiaries.||第六十七条 用人单位不得设立劳务派遣单位向本单位或者所属单位派遣劳动者。|
|Section 3 Part-time Employments||第三节 非全日制用工|
|Article 68 The “part-time employment” is a form of labor in which the remuneration is mainly calculated on hourly basis, the average working hours of a worker per day shall not exceed 4 hours, and the aggregate working hours per week for the same employer shall not exceed 24 hours.||第六十八条 非全日制用工，是指以小时计酬为主，劳动者在同一用人单位一般平均每日工作时间不超过四小时，每周工作时间累计不超过二十四小时的用工形式。|
|Article 69 Both parties to a part-time employment may reach an oral agreement.|
A worker who engages in part-time employment may conclude a labor contract with one or more employers, but a labor contract concluded subsequently may not prejudice the performance of a labor contract previously concluded.
|Article 70 No probation period may be stipulated by both parties for a part-time employment.||第七十条 非全日制用工双方当事人不得约定试用期。|
|Article 71 Either of the parties to part-time employment may inform the other party of the termination of labor at any time. Upon the termination of a part-time employment, the employer will pay no economic compensation to the employee.||第七十一条 非全日制用工双方当事人任何一方都可以随时通知对方终止用工。终止用工，用人单位不向劳动者支付经济补偿。|
|Article 72 The criterions for the calculation of part-time employment on hourly basis shall not be lower than the minimum hourly wage prescribed by the people’s government of the place where the employer is located.|
The maximum remuneration settlement and payment cycle for part-time employment shall not exceed 15 days.
|Chapter VI Supervision and Inspection||第六章 监督检查|
|Article 73 The labor administrative department of the State Council shall be responsible for the supervision and inspection of the implementation of the system of labor contracts throughout the country.|
The labor administrative department of the local people’s governments at the county level and above shall be responsible for the supervision and inspection of the implementation of the system of labor contracts within their respective administrative areas.
During the supervision and inspection of the implementation of the system of labor contracts, the labor administrative departments of the people’s governments at the county level and above shall solicit the opinions of the labor unions, enterprise representatives and relevant industrial administrative departments.
|Article 74 The labor administrative department of the local people’s government at the county level or above shall exercise supervision and inspection in respect of the implementation of the system of labor contracts:|
1. The employers’ formulation of rules and regulations directly related to the interests of workers, and the implementation thereof;
2. The formation and dissolution of labor contracts by employers and workers;
3. The compliance with relevant regulations on dispatch by worker dispatch service providers and the accepting entities;
4.The employers’ compliance with provisions of the state on workers’ working hours, breaks and vacations;
5. The employers’ payment for remuneration as specified in the labor contracts and compliance with the minimum wage criterions;
6. The employers’ participation in the social security and the payment for social security premiums; and
7. Other labor supervision matters as prescribed by laws and regulations.
|Article 75 During the supervision and inspection process, the labor administrative department of the people’s government at the county level or above has the power to consult the materials relevant to the labor contracts and collective contracts and to conduct on-the-spot inspections to the work places. The employers and employees shall faithfully provide pertinent information and materials.|
When the functionaries of the labor administrative department conduct an inspection, they shall show their badges, exercise their duties and powers pursuant to laws and enforce the law in a well-disciplined manner.
|Article 76 The relevant administrative departments of construction, health, work safety supervision and administration, etc. of the people’s governments at the county level and above shall, with the scope of their respective functions, supervise and administer the employers’ implementation of the system of labor contracts.||第七十六条 县级以上人民政府建设、卫生、安全生产监督管理等有关主管部门在各自职责范围内，对用人单位执行劳动合同制度的情况进行监督管理。|
|Article 77 For any employer whose lawful rights and interests are impaired, he may require the relevant department to deal with the case, apply for an arbitration, or lodge a lawsuit.||第七十七条 劳动者合法权益受到侵害的，有权要求有关部门依法处理，或者依法申请仲裁、提起诉讼。|
|Article 78 A labor union shall protect the employees’ legitimate rights and interests and supervise the employer’s fulfillment of the labor contracts and collective contracts. If the employer violates any law or regulation or breaches any labor contract or collective contract, the labor union may put forward its opinions and require the employer to make ratification. If the employee applies for arbitration or lodges a lawsuit, the labor union shall support and help him in pursuance of law.||第七十八条 工会依法维护劳动者的合法权益，对用人单位履行劳动合同、集体合同的情况进行监督。用人单位违反劳动法律、法规和劳动合同、集体合同的，工会有权提出意见或者要求纠正；劳动者申请仲裁、提起诉讼的，工会依法给予支持和帮助。|
|Article 79 Any organization or individual may report the violations of this law. The labor administrative departments of the people’s governments at the county level and above shall timely verify and deal with such violations and shall grant awards to the meritorious persons who report the violations.||第七十九条 任何组织或者个人对违反本法的行为都有权举报，县级以上人民政府劳动行政部门应当及时核实、处理，并对举报有功人员给予奖励。|
|Chapter VII Legal Liabilities||第七章 法律责任|
|Article 80 If the rules and procedure of an employer directly related to the employees’ interests is contrary to any laws or regulations, the labor administration department shall order the employer to make ratification and give it a warning. If the rules and procedures cause any damage to the employees, the employer shall bear the liability for compensation.||第八十条 用人单位直接涉及劳动者切身利益的规章制度违反法律、法规规定的，由劳动行政部门责令改正，给予警告；给劳动者造成损害的，应当承担赔偿责任。|
|Article 81 If the text of a labor contract provided by an employer does not include the mandatory clauses required by this Law or if an employer fails to deliver a copy of the labor contract to its employee, the labor administration department shall order the employer to make ratification. If any damage is caused to the employee, the employer shall bear the liability for compensation.||第八十一条 用人单位提供的劳动合同文本未载明本法规定的劳动合同必备条款或者用人单位未将劳动合同文本交付劳动者的，由劳动行政部门责令改正；给劳动者造成损害的，应当承担赔偿责任。|
|Article 82 If an employer fails to conclude a written labor contract with an employee after the lapse of more than one month but less than one year as of the day when it started using him, it shall pay to the worker his monthly wages at double amount.|
If an employer fails, in violation of this Law, to conclude with an employee a labor contract without fixed term, it shall pay to the employee his monthly wage at double amount, starting from the date on which a labor contract without fixed term should have been concluded.
|Article 83 If an employer stipulates the probation period with an employee to violate this Law, the labor administration department shall order the employer to make ratification. If the illegally stipulated probation has been performed, the employer shall pay compensation to the employee according to the time worked on probation beyond the statutory probation period, at the rate of the employee’s monthly wage following the completion of his probation.||第八十三条 用人单位违反本法规定与劳动者约定试用期的，由劳动行政部门责令改正；违法约定的试用期已经履行的，由用人单位以劳动者试用期满月工资为标准，按已经履行的超过法定试用期的期间向劳动者支付赔偿金。|
|Article 84 Where an employer violates this Law by detaining the resident identity cards or other certificates of the employees, the labor administrative department shall order the employer to return the ID and certificates to the employees within a time limit and shall punish the employer according to the relevant laws.|
Where an employer violates this Law by collecting money and property from employees in the name of guaranty or in any other excuses, the labor administrative department shall order the employer to return the said property to the employees within a time limit and fine the employer not less than 500 yuan but not more than 2,000 yuan for each person. If any damage is caused to the employees, the employer shall be liable for compensation.
When an employee dissolves or terminates the labor contract in pursuance of law, if the employer retains the archives or other articles of the employees, it shall be punished according to the provisions of the preceding paragraph.
|Article 85 Where an employing entity is under any of the following circumstances, the labor administrative department shall order it to pay the remunerations, overtime remunerations or economic compensations within a time limit. If the remuneration is lower than the local minimum wage, the employer shall pay the shortfall. If payment is not made within the time limit, the employer shall be ordered to pay an extra compensation to the employee at a rate of not less than 50 percent and not more than 100 percent of the payable amount:|
1. Failing to pay an employee his remunerations in full amount and on time as stipulated in the labor contract or prescribed by the state;
2. Paying an employee the wage below the local minimum wage standard;
3. Arranging overtime work without paying overtime remunerations; or
4. Dissolving or terminating a labor contract without paying the employee the economic compensation under this Law.
|Article 86 Where a labor contract is confirmed invalid under Article 26 of this Law and any damage is caused to the other party, the party at fault shall be liable for compensation.||第八十六条 劳动合同依照本法第二十六条规定被确认无效，给对方造成损害的，有过错的一方应当承担赔偿责任。|
|Article 87 If an employer violates this Law by dissolving or terminating the labor contract, it shall pay compensation to the employee at the rate of twice the economic compensations as prescribed in Article 47 of this Law.||第八十七条 用人单位违反本法规定解除或者终止劳动合同的，应当依照本法第四十七条规定的经济补偿标准的二倍向劳动者支付赔偿金。|
|Article 88 Where an employer is under any of the following circumstances, it shall be given an administrative punishment. If any crime is constituted, it shall be subject to criminal liabilities. If any damage is caused to the employee, the employer shall be liable for compensation:|
1. To force the employee to work by violence, threat or illegal limitation of personal freedom;
2. To illegally command or force any employee to perform dangerous operations endangering the employee’s life;
3. To insult, corporally punish, beat, illegally search, or restrain any employee; or
4. To cause damages to the physical or mental health of employees because of poor working conditions or severely polluted environments;
|Article 89 Where an employer violates this Law by failing to issue to an employee a written certificate for the dissolution or termination of a labor contract, it shall be ordered to make a ratification by the labor administrative department. If any damage is caused to an employee, the employer shall be liable for compensation.||第八十九条 用人单位违反本法规定未向劳动者出具解除或者终止劳动合同的书面证明，由劳动行政部门责令改正；给劳动者造成损害的，应当承担赔偿责任。|
|Article 90 Where an employee violates this Law to dissolve the labor contract, or violates the stipulations of the labor contract about the confidentiality obligation or non-competition, if any loss is caused to the employer, he shall be liable for compensation.||第九十条 劳动者违反本法规定解除劳动合同，或者违反劳动合同中约定的保密义务或者竞业限制，给用人单位造成损失的，应当承担赔偿责任。|
|Article 91 Where an employer hires any employee whose labor contract with another employer has not been dissolved or terminated yet, if any loss is caused to the employer mentioned later, the employer first mentioned shall bear joint and several liability of compensation.||第九十一条 用人单位招用与其他用人单位尚未解除或者终止劳动合同的劳动者，给其他用人单位造成损失的，应当承担连带赔偿责任。|
|Article 92 Where a worker dispatch service provider violates this Law, it shall be ordered to make ratification by the labor administrative department and other relevant administrative departments. If the circumstance is severe, it shall be fined at the rate of not less than 1, 000 yuan but not more than 5, 000 yuan per person and have its business license revoked by the administrative department for industry and commerce. If any damage is caused to the workers dispatched, the worker dispatch service provider and the accepting entity shall bear joint and several liability of compensation.||第九十二条 劳务派遣单位违反本法规定的，由劳动行政部门和其他有关主管部门责令改正；情节严重的，以每人一千元以上五千元以下的标准处以罚款，并由工商行政管理部门吊销营业执照；给被派遣劳动者造成损害的，劳务派遣单位与用工单位承担连带赔偿责任。|
|Article 93 Where an employer without the lawful business operation qualifications commits any violation or crime, it shall be subject to legal liabilities. If the employees have already worked for the employer, the employer or its capital contributors shall, under the relevant provisions of this Law, pay the employees remunerations, economic compensations or indemnities. If any damage is caused to the employee, it shall be liable for compensation.||第九十三条 对不具备合法经营资格的用人单位的违法犯罪行为，依法追究法律责任；劳动者已经付出劳动的，该单位或者其出资人应当依照本法有关规定向劳动者支付劳动报酬、经济补偿、赔偿金；给劳动者造成损害的，应当承担赔偿责任。|
|Article 94 Where an individual as a business operation contractor hires employees in violation of this Law and causes any damage to any employee, the contracting organization and the individual business operation contractor shall be jointly and severally liable for compensation.||第九十四条 个人承包经营违反本法规定招用劳动者，给劳动者造成损害的，发包的组织与个人承包经营者承担连带赔偿责任。|
|Article 95 If the labor administrative department, or any other relevant administrative department, or any of the functionaries thereof neglects its (his) duties, does not perform the statutory duties, or exercises its (his) duties in violation of law, it (he) shall be liable for compensation. The directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities.||第九十五条 劳动行政部门和其他有关主管部门及其工作人员玩忽职守、不履行法定职责，或者违法行使职权，给劳动者或者用人单位造成损害的，应当承担赔偿责任；对直接负责的主管人员和其他直接责任人员，依法给予行政处分；构成犯罪的，依法追究刑事责任。|
|Chapter VIII Supplementary Provisions||第八章 附则|
|Article 96 For the formation, performance, modification, dissolution, or termination of a labor contract between a public institution and an employee under the system of employment, if it is otherwise provided for in any law, administrative regulation or by the State Council, the latter shall be followed. If there is no such provision, the relevant provisions of this Law shall be observed.||第九十六条 事业单位与实行聘用制的工作人员订立、履行、变更、解除或者终止劳动合同，法律、行政法规或者国务院另有规定的，依照其规定；未作规定的，依照本法有关规定执行。|
|Article 97 Labor contracts concluded before the implementation of this Law and continue to exist on the implementation date of this Law shall continue to be performed. For the purposes of Item (3) of the second Paragraph of Article 14 of this Law, the number of consecutive times on which a fixed-term labor contract is concluded shall be counted from the first renewal of such contract to occur after the implementation of this Law.|
If an employment relationship was established prior to the implementation of this Law without the conclusion of a written labor contract, such contract shall be concluded within one month from the date when this Law becomes effective.
If a labor contract existing on the implementation date of this Law is dissolved or terminated after the implementation of this Law and, according to Article 46 of this Law, an economic compensation is payable, the number of years for which the economic compensation is payable shall be counted from the implementation date of this Law. If, under relevant effective regulations prior to the implementation of this Law, the employee is entitled to the economic compensation from the employer in respect of a period prior to the implementation of this Law, the matters shall be handled according to the relevant effective regulations at that time.
|Article 98 This Law shall come into force as of January 1, 2008.||第九十八条 本法自2008年1月1日起施行。|