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1、Labor Contract Law of the Peoples Republic of China 劳动合同法Promulgation date:June 29, 2007Effective date:January 1, 2007Department: National Peoples CongressOrder of the President of the Peoples Republic of China (No. 65)The Labor Contract Law of the Peoples Republic of China, adopted at the 28th Sess
2、ion of the Standing Committee of the 10th National Peoples Congress of the Peoples Republic of China on June 29, 2007, is hereby promulgated and shall come into effect on January 1, 2008. Hu JintaoPresident of the Peoples Republic of ChinaJune 29, 2007ContentsChapter I General ProvisionsChapter II C
3、onclusion of Labor ContractsChapter III Performance and Amendment of Labor ContractsChapter IVRevocation and Termination of Labor ContractsChapter VSpecial Provisions-Part ICollective Contracts-Part IIWork Placement-Part III Part-time LaborChapter VISupervision and InspectionChapter VIILegal Liabili
4、tyChapter VIIISupplementary ProvisionsLabor Contract Lawof the Peoples Republic of ChinaChapter 1General ProvisionsArticle 1 This Law is formulated to improve the labor contract system, to specify the rights and obligations of the parties to labor contracts, to protect the legitimate rights and inte
5、rests of workers, and to build and develop harmonious and stable employment relationships.Article 2 This Law applies to the establishment of labor relationships between, the conclusion of, performance of, amendment of, revocation of and termination of, labor contracts by workers and organizations su
6、ch as enterprises, individual economic organizations and private non-enterprise units in the Peoples Republic of China (“Employers”). The conclusion, performance, amendment, revocation and termination of labor contracts between state authorities, institutions or social organizations and workers with
7、 whom they establish employment relationships, shall be subject to this law. Article 3 The conclusion of a labor contract shall be based on the principles of lawfulness, fairness, equality, voluntariness, negotiated consensus and good faith. A lawfully concluded labor contract shall have binding for
8、ce, both the Employer and the employee shall perform their respective obligations stipulated therein. Article 4 Employers shall formulate and improve labor rules and regulations in accordance with the law, so as to ensure that employees enjoy their labor rights and perform their labor obligations. T
9、he formulations, amendments and decisions made by Employers with respect to rules on labor compensation, working hours, leave and rest, occupational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., which have a direct impact on employees immediate
10、rights and interests, or other material matters, shall be presented to and discussed with the employee representative congress or all the employees, and the proposal and advice thereof shall be determined after consultation with the labor union or employee representative on the basis of equality. If
11、, during the implementation of a rule or regulation or decision on a material matter, the labor union or any of the employees deems it inappropriate, they shall be entitled to raise the issue with the Employer and have it amended after consultation. The Employer shall make rules, regulations and dec
12、isions on material matters that have a direct impact on employees immediate interests and rights, public or communicate the same to the employees. Article 5 The labor administration authorities of the Peoples Governments at the county level and above shall, together with labor unions and enterprise
13、representatives, establish a comprehensive tri-partite mechanism for the co-ordination of employment relationships, in order to jointly study and resolve material issues relating to employment relationships. Article 6 The labor union shall assist and guide workers in the conclusion and performance o
14、f labor contracts with their Employer, and establish a collective consultation mechanism with the Employer in order to protect the lawful rights and interests of workers. Chapter IIConclusion of Labor ContractsArticle 7 The employment relationship between an Employer and an employee shall commence o
15、n the date the employee commences work. The Employer shall keep a register of employees, for future reference. Article 8 The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occupational hazards, production safety conditions, labor compen
16、sation and other matters requested by the employee; the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9 When hiring an employee, the Employer shall not retain the employees resident ID card or other documentation, nor dem
