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1、Regulation of Shanghai Municipality on Labor Contract Promulgation Date11-15-2001Effective RegionSHANGHAI MUNICIPALITY PromulgatorThe Peoples Congress of Shanghai Municipality (Including the Standing Committee)Document NoAnnouncement of the Standing Committee of the Peoples Congress of Shanghai Muni
2、cipality No. 58EffectivenessEffectiveEffective Date2002-05-01CategoryLabor Contract ( Labor & Personnel Law-Labor Contract ) Regulation of Shanghai Municipality on Labor ContractAnnouncement of the Standing Committee of the Peoples Congress of Shanghai Municipality No. 58November 15, 2001The Regulat
3、ion of Shanghai Municipality on Labor Contracts has been adopted at the 33rd meeting of the Standing Committee of the 11th Peoples Congress of Shanghai Municipality on November 15, 2001 and is hereby promulgated for implementation as of May 1, 2002.Regulation of Shanghai Municipality on Labor Contra
4、ct(Adopted at the 33rd meeting of the Standing Committee of the 11th Peoples Congress of Shanghai Municipality on November 15, 2001)Chapter I General PrinciplesArticle 1 For the purpose of regulating labor relationships, establishing and safeguarding the labor contract system that suits the socialis
5、t market economy, this Regulation has been formulated in accordance with the Labor Law of the Peoples Republic of China and other relevant laws and regulations and in light of the practical situation of this municipality.Article 2 This Regulation shall apply to the labor contractual relationships th
6、at are established or formed between an employing entities including enterprises, individual economic organizations and state organs, public institutions, social organs, etc. (hereinafter referred to as employing entities) that are situated within the administrative region of this Municipality and t
7、he laborers.Article 3 A labor contract is an agreement that establishes the labor relationship between a laborer and an employing entity and specifies the rights and obligations of the parties concerned.Article 4 A labor contract shall be concluded in written form with the exception of those for whi
8、ch there are special provisions in this Regulation.Article 5 The conclusion and modification of labor contracts shall comply with the principles of equality, willingness, negotiation-based consensus as well as laws, regulations and other relevant rules.A labor contract shall be legally binding once
9、it is concluded and the parties concerned shall perform their respective obligations as provided in the labor contracts.Article 6 Trade Unions shall give guidance and help to laborers in terms of labor contracts and shall supervise the performance of labor contracts by the employing entities. In cas
10、e any employing entity infringes upon the lawful rights and interests of the laborers, the trade unions shall have negotiations with the employing entities on behalf of the laborers concerned so as to safeguard the lawful rights and interests of the laborers in the conclusion and performance of labo
11、r contracts.Article 7 The administrative departments of labor and social security shall be responsible for guiding, supervising and inspecting the implementation of the labor contract system.Chapter II Conclusion of Labor ContractsArticle 8 Before concluding a labor contract, the laborer shall be en
12、titled to inquire about the relevant rules, working conditions and remunerations, etc. of the employing entity, and the employing entity shall speak the truth. When recruiting laborers, the employing entity shall have the right to inquire about the physical health of the laborers, knowledge, skills
13、and working experience, etc of the labors, and the laborers shall provide truthful information.Article 9 The text of a labor contract may be provided by the employing entity or be formulated jointly by the employing entity and the labors concerned. Where the text of the labor contract is provided by
14、 the employing entity, the principle of fairness shall be observed and the lawful rights and interests of the laborers may not be injured.Labor contracts shall be concluded in the Chinese language and may also be written in a foreign language at the same time. Where there are different stipulations
15、between the parties concerned, such stipulations shall prevail. In case discrepancy exists between the Chinese and foreign language versions of the labor contract, the Chinese version shall prevail. A labor contract shall be made in duplicate with each to be kept by either party.Article 10 A labor c
16、ontract shall include the following clauses:1. the term of labor contract;2. the work to be done;3. labor protection and working conditions;4. remunerations;5. work disciplines;6. conditions for the termination of the labor contract;7. liabilities for breach of the labor contract.Apart from the necessary clauses as provided in the preceding paragraph, the p
