PDF《中华人民共和国劳动合同法》

中华人民共和国劳动合同法 中华人民共和国劳动合同法 Labour Contract Law of the People'

s Republic of China June 29,

2007 The Labour Contract Law of the People'

s Republic of China, adopted at the 28th Session of the Standing Committee of the 10th National People'

s Congress on June 29, 2007, is hereby promulgated and shall become effective as of January 1, 2008.

Hu Jintao President of People'

s Republic of China

1 中华人民共和国劳动合同法 Table of Contents Chapter I General Provisions Chapter II Conclusion of Labour Contracts Chapter III Fulfillment and Amendment of Labour Contracts Chapter IV Termination and Expiration of Labour Contracts Chapter V Special Provisions Section 1. Collective Agreements Section 2. Staff Leasing Section 3. Part-time Labour Chapter VI Supervision and Inspection Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions

2 中华人民共和国劳动合同法 Chapter I General Provisions Article

1 This Law has been formulated in order to improve the labour contract system, to specify the rights and obligations of the parties of the labour contracts, and to protect the legitimate rights and interests of the labourers, as well as to build and develop harmonious and stable labour relationship. Article

2 This Law shall apply to the enterprises, individual economic organizations and private non-enterprise units in the People'

s Republic of China (hereinafter referred to as the employer) on establishment of labour relationships, and conclusion, fulfillment, amendment, termination and expiration of labour contracts with their employees. The establishment of labour relationships, and conclusion, fulfillment, amendment, termination and expiration of labour contracts by the state departments, public institutions, social organizations and their contracted employees shall be handled pursuant to this Law. Article

3 The conclusion of labour contracts shall comply with the principles of lawfulness, fairness, equality, free will, consensus through consultation and negotiation, as well as good faith. A labour contract concluded in accordance with the law shall possess legal binding force, and the parties involved shall fulfill the obligations as stipulated in the labour contract. Article

4 The employers shall establish and improve internal rules and regulations, so as to ensure that the employees enjoy their labour rights and fulfilled their labour obligations. When the employer formulates, modifies or makes decisions on rules, regulations or important issues that are directly related to the immediate interests of its employees, such as wages, working hours, rest and leave, occupational safety and health, insurance and benefits, training, working discipline or work quota management etc., the case shall be discussed with the employee representative congress or all the employees for proposals and comments, whereupon the final decision shall be made through consultations with the Trade Union or the employee representatives on the basis of equality.

3 中华人民共和国劳动合同法 During implementation of the employer'

s rules, regulations or decisions on important issues, in case that the Trade Union or the employee holds inappropriate, the Union or the employee is entitled to present such opinions to the employer, and the rules, regulations or relevant decisions shall be improved by modifications after consultations. The Rules and regulations, and decisions on important issues that are directly related to the immediate interests of the employees shall be made public or be notified to the employees by the employer. Article