PDF《中华人民共和国劳动合同法》

5 The labour administration authorities of the People'

s Governments, together with the Trade Unions and the enterprise representatives at the county level and above, shall establish and improve a comprehensive tri-partite mechanism for coordination of labour relationships, and to jointly study and resolve major issues concerning labour relationships. Article

6 The Trade Unions shall assist and guide the employees in conclusion and fulfillment of the labour contracts with their employers in accordance with the laws and regulations, and establish a collective bargaining mechanism with the employers in order to safeguard the legitimate rights and interests of the employees. Chapter II Conclusion of Labour Contracts Article

7 An employer'

s labour relationship with an employee shall be established on the date it recruits the employee. The employer shall keep the records of its employees for references. Article

8 Upon recruitment, the employer shall truthfully inform the employees of the content of the work, the working conditions, the work place, occupational hazards, production safety conditions, wages and other issues that the employees request to be informed;

and the employer has the right to learn from the employees their basic information that directly relates to the labour contract, which the employees shall truthfully provide. Article

9 During recruitment, the employer may not retain the employees'

Resident

4 中华人民共和国劳动合同法 Identity Card or other credentials, nor may it require them to provide guarantee or collect property from them under other names. Article

10 A written labour contract shall be concluded in establishing a labour relationship. In case that no written labour contract has been concluded at the time of establishment of a labour relationship, a written labour contract shall be concluded within one month after the date on which the employer recruits the employee. Where the employer and the employee have concluded a labour contract before the employer starts using the employee, the labour relationship shall be recognized as of the date on which the employer starts using the employee. Article

11 In case that the employer fails to conclude a written labour contract with an employee upon recruitment, or the wage issue has not been clearly specified with the employee, the wage of the concerned employee shall be defined pursuant to the rate specified in the collective agreement;

where there is no collective agreement or the wage issue has not been defined in the collective agreement, equal pay shall be provided for equal work. Article

12 A labour contract can be a fixed-term contract, an open-ended contract, or a contract that takes completion of a specific amount of work as a term. Article

13 The fixed-term labour contract is a labour contract whose expiration date has been agreed by the employer and the employee. The employer and the employee may conclude a fixed-term labour contract upon reaching a consensus through consultation and negotiation. Article

14 The open-ended labour contract is a labour contract in which the employer and the employee have agreed not to stipulate a definite expiration date. The employer and the employee may conclude an open-ended labour contract upon reaching a consensus through consultation and negotiation. An open-ended labour contract shall be concluded in case that the employee proposes or agrees to renew his labour contract or to conclude a labour contract under any of the following circumstances, with the exception that the