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1、Order of the State Council of the Peoples Republic of China (No.535)The Regulation on the Implementation of the Employment Contract Law of the Peoples Republic of China, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated, and shall come i
2、nto force on the date of promulgation. Premier Wen JiabaoSeptember 18, 2008 Regulation on the Implementation of the Employment Contract Law of the Peoples Republic of China中华人民共和国国务院令（第 535 号）中华人民共和国劳动合同法实施条例已经 2008 年 9 月 3 日国务院第 25 次常务会议通过，现予公布，自公布之日起施行。总理温家宝二 00 八年九月十八日中华人民共和国劳动合同法实施条例Chapter I Ge
3、neral Provisions第一章总则Article 1 This Regulation is formulated to implement the Employment Contract Law of the Peoples Republic of China (hereinafter referred to as Employment Contract Law). url=第一条/url为了贯彻实施中华人民共和国劳动合同法（以下简称劳动合同法），制定本条例。Article 2 The peoples governments at all levels, the labor admin
4、istrative departments of the peoples governments at or above the county level, and the labor unions, etc. shall take steps to promote the implementation of the Employment Contract Law and develop a harmonious employment relationship. url=第二条/url各级人民 ZF 和县级以上人民 ZF 劳动行政等有关部门以及工会等组织，应当采取措施，推动劳动合同法的贯彻实施
5、，促进劳动关系的和谐。Article 3 Legally established accounting firms, law firms and other partnerships and foundations are employers defined in the Employment Contract Law. url=第三条/url依法成立的会计师事务所、律师事务所等合伙组织和基金会，属于劳动合同法规定的用人单位。Chapter II Conclusion of Employment Contracts 第二章劳动合同的订立Article 4 A branch office est
6、ablished by an employer as defined in the Employment Contract Law which has obtained its business license or registration certificate according to law may conclude employment contracts with employees in the name of an employer; if it has failed to obtained a business license or registration certific
7、ate, it may conclude employment contracts with employees only upon the authorization of the employer. url=第四条/url劳动合同法规定的用人单位设立的分支机构，依法取得营业执照或者登记证书的，可以作为用人单位与劳动者订立劳动合同；未依法取得营业执照或者登记证书的，受用人单位委托可以与劳动者订立劳动合同。Article 5 Where any employee, after being notified by the employer in writing, fails to conclud
8、e a written employment contract with the employer within one month from the day when he is employed, the employer shall terminate the employment relationship with the employee and notify the employee in writing, in which case, the employer is not required to make any economic compensation to the emp
9、loyee, but shall pay the employee for his actual working time. url=第五条/url自用工之日起一个月内，经用人单位书面通知后，劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，无需向劳动者支付经济补偿，但是应当依法向劳动者支付其实际工作时间的劳动报酬。Article 6 Where an employer fails to conclude a written employment contract with an employee after the lapse of more than one m
10、onth but less than one year from the date when the employee is employed, it shall pay to the worker his monthly wages in double amount according to Article 82 of the Employment Contract Law, and shall conclude a written employment contract with the employee. Where an employee refuses to conclude a w
11、ritten employment contract with his employer, the employer shall terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee according to Article 47 of the Employment Contract Law. The start time of the period when an employer is required to
12、 pay an employee his monthly wages in double amount shall be the day following the full month from the day when the employee is employed, and the end time shall be the day before the day when the written employment contract is url=第六条/url用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的，应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的
13、工资，并与劳动者补订书面劳动合同；劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，并依照劳动合同法第四十七条的规定支付经济补偿。前款规定的用人单位向劳动者每月支付两倍工资的起算时间为用工之日起满一个月的次日，截止时间为补订书面劳动合同的前一日。concluded. Article 7 Where an employer fails to conclude a written employment contract with an employee after the lapse of one full year from the day when the empl
14、oyee is employed, under Article 82 of the Employment Contract Law, the employer shall pay his monthly wages in double amount from the day next to the lapse of a full month to the day before it is a full year since the employees employment, and it shall be deemed that the employer has concluded an em
15、ployment contract without a fixed term with the employee on the day when it is a full year since the employees employment, and a written employment contract without a fixed term shall be concluded with the employee immediately. url=第七条/url用人单位自用工之日起满一年未与劳动者订立书面劳动合同的，自用工之日起满一个月的次日至满一年的前一日应当依照劳动合同法第八十
16、二条的规定向劳动者每月支付两倍的工资，并视为自用工之日起满一年的当日已经与劳动者订立无固定期限劳动合同，应当立即与劳动者补订书面劳动合同。Article 8 The roster of employees as mentioned in Article 7 of the Employment Contract Law shall contain the employees name, gender, citizens identity number, registered permanent residence address and current address, contact information, form of employment, start time of employment, and term of the employment contract, etc.url=第八条/url劳动合同法第七条规定
