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The People's Republic of China Labor Contract Law

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Central, State Organs

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Date:2012-12-28 23:50:32

the People's Republic of China Labor Contract Law

Published: December 28, 2012

the People's Republic of China Presidential Order No. 73

The Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Labor Contract Law, as adopted at the 30th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 28, 2012, is hereby issued and shall come into force on July 1, 2013.

the People's Republic of China President Hu Jintao

December 28, 2012

Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Labor Contract Law

(Adopted at the 30th Session of the Standing Committee of the Eleventh National People's Congress on December 28, 2012)

The 30th meeting of the Standing Committee of the Eleventh National People's Congress decided to amend the the People's Republic of China Labor Contract Law as follows: The 1. amends Article 57 to read: "The operation of labor dispatch business shall meet the following conditions:

"the registered capital of the (I) shall not be less than two million yuan;

"The (II) has a fixed place of business and facilities appropriate to the conduct of its business;

"(III) have a labor dispatch management system that complies with laws and administrative regulations;

"(IV) other conditions stipulated by laws and administrative regulations.

"To operate labor dispatch business, one shall apply to the labor administrative department for administrative license in accordance with the law; if permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business."

The 2. amends Article 63 to read: "Dispatched workers have the right to equal pay for equal work with workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same method of distribution of labor remuneration for dispatched workers and workers in similar positions in the unit. If the employing unit does not have workers in similar positions, it shall be determined by reference to the labor remuneration of workers in the same or similar positions in the place where the employing unit is located.

"The labor contract concluded between the labor dispatch unit and the dispatched worker and the labor dispatch agreement concluded with the employing unit shall specify or agree to pay the labor remuneration to the dispatched worker shall comply with the provisions of the preceding paragraph."

3., Article 66 is amended to read: "Employment under labor contract is the basic form of employment for enterprises in China. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or alternative jobs.

"The temporary jobs specified in the preceding paragraph refer to jobs that last for no more than six months; auxiliary jobs refer to non-main business jobs that provide services for main business positions; alternative jobs refer to the employees of the employing unit. During a certain period of time when workers are unable to work due to off-duty study, vacations, etc., they can be replaced by other workers.

"The employing unit shall strictly control the number of labor dispatched and shall not exceed a certain proportion of its total employment. The specific proportion shall be prescribed by the labor administrative department of the State Council."

The 4. amended Article 92 to read: "Whoever, in violation of the provisions of this Law, engages in labor dispatch business without permission, shall be ordered by the labor administrative department to stop the illegal act, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of not more than 50,000 yuan may be imposed.

"If a labor dispatching unit or employing unit violates the relevant provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined at a rate of not less than 5,000 yuan per person but not more than 10,000 yuan per person, and its labor dispatch business license shall be revoked. If the employing unit causes damage to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and the joint liability for compensation."

This Decision shall come into force as of July 1, 2013.

The labor contract and labor dispatch agreement concluded in accordance with the law before the promulgation of this decision shall continue to be performed until the expiration of the term, but if the contents of the labor contract and labor dispatch agreement do not conform to the provisions of this decision on the implementation of the same labor remuneration distribution method in accordance with the principle of equal pay for equal work, it shall be adjusted in accordance with this decision; the units engaged in labor dispatch business before the implementation of this decision, the administrative license shall be obtained according to law and the company change registration shall be handled within one year from the date of implementation of this decision before the new labor dispatch business can be operated. The specific measures shall be formulated by the labor administrative department of the State Council in conjunction with the relevant departments of the State Council.

The the People's Republic of China Labor Contract Law shall be amended accordingly in accordance with this Decision and re-promulgated.

the People's Republic of China Labor Contract Law

(Adopted at the 28th Session of the Standing Committee of the Tenth National People's Congress on June 29, 2007, and revised in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Labor Contract Law on December 28, 2012)

　　Chapter II Conclusion of Labor Contracts

Article 7 The employing unit shall establish a labor relationship with the laborer from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 When employing workers, the employing unit shall truthfully inform the workers of the contents of their work, working conditions, place of work, occupational hazards, production safety, remuneration for labor, and other information required by the workers; the employing unit shall have the right to know the basic information directly related to the labor contract, and the workers shall truthfully explain it.

Article 9 When employing workers, the employing unit shall not seize the resident identity cards and other certificates of the workers, and shall not require the workers to provide guarantees or collect property from the workers in other names.

Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the laborer conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 11 If the employer fails to conclude a written labor contract at the same time as the employment, and the labor remuneration agreed with the laborer is not clear, the labor remuneration of the newly recruited laborer shall be implemented in accordance with the standards stipulated in the collective contract; there is no collective contract or collective contract is not provided for, Equal pay for equal work shall be implemented.

Article 12 Labor contracts are divided into fixed-term labor contracts, non-fixed-term labor contracts and labor contracts for the completion of certain tasks.

Article 13 A fixed-term labor contract refers to a labor contract in which the employer and the laborer agree on the termination time of the contract. The employer and the laborer may conclude a fixed-term labor contract through consultation.

Article 14 A labor contract without a fixed term refers to a labor contract in which the employer and the laborer agree that there is no definite termination time. The employer and the laborer may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if the laborer proposes or agrees to renew or conclude a labor contract, in addition to the laborer's proposal to conclude a fixed-term labor contract, an indefinite labor contract shall be concluded:

The (I) worker has worked in the employing unit for ten consecutive years;

When an (II) employing unit implements the labor contract system for the first time or when a state-owned enterprise is restructured to re-conclude a labor contract, the employee has worked in the employing unit for ten consecutive years and is less than ten years away from the legal retirement age;

The (III) concludes two fixed-term labor contracts in succession, and the laborer does not have the circumstances specified in Article 39 and Article 40, Items 1 and 2 of this Law, and the labor contract is renewed. If the employer fails to conclude a written labor contract with the worker for one year from the date of employment, it shall be deemed that the employer and the worker have concluded a labor contract with no fixed term.

Article 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the worker agree that the completion of a certain work is the term of the contract. The employer and the laborer may conclude a labor contract for the completion of certain tasks through consultation.

Article 16 A labor contract shall be agreed upon by the employing unit and the laborer through consultation, and shall take effect upon the signing or sealing of the text of the labor contract by the employing unit and the laborer. The employer and the employee shall each hold one copy of the labor contract.

Article 17 A labor contract shall contain the following clauses:

The name, domicile and legal representative or principal responsible person of the (I) employer;

The name, address and number of the resident identity card or other valid identity document of the (II) worker;

(III) the term of the labor contract;

(IV) work content and work place;

(V) working hours and rest and vacation;

(VI) labor remuneration;

(VII) social insurance;

(VIII) labor protection, working conditions and protection against occupational hazards;

Other matters that should be included in the labor contract as stipulated by (IX) laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probation, training, confidentiality, supplementary insurance and welfare benefits.

Article 18 If the labor contract does not clearly stipulate the standards of labor remuneration and working conditions, and disputes are caused, the employer and the laborer may renegotiate; if the negotiation fails, the provisions of the collective contract shall apply; there is no collective contract or the collective contract does not provide for labor remuneration If there is no collective contract or the collective contract does not stipulate standards such as working conditions, relevant state regulations shall apply.

Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; if the term of a labor contract is more than one year but less than three years, the probation period shall not exceed two months; For a labor contract with a fixed term of more than three years and no fixed term, the probation period shall not exceed six months. The same employer and the same worker can only agree on a probation period. A probation period shall not be agreed upon in a labor contract for the completion of a certain task or if the term of the labor contract is less than three months. The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of workers during the probation period shall not be lower than the minimum wage for the same position in the unit or the 80% wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the place where the employing unit is located.

Article 21 During the probation period, the employing unit shall not terminate the labor contract, except in the cases specified in Article 39 and Items 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the laborer.

Article 22 Where an employing unit provides special training expenses for workers and conducts professional and technical training for them, it may conclude an agreement with the worker to stipulate the period of service.

If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses to be shared for the part of the service period that has not yet been performed.

If the employer and the laborer agree on the service period, it shall not affect the increase of the labor remuneration of the laborer during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. For workers who have the obligation of confidentiality, the employer may agree with the laborer in the labor contract or confidentiality agreement on the non-competition clause, and agree that after the termination or termination of the labor contract, the laborer will be given economic compensation on a monthly basis within the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The persons subject to non-competition shall be limited to the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employing unit. The scope, region and time limit of the competition restriction shall be agreed upon by the employer and the laborer, and the agreement on the competition restriction shall not violate the provisions of laws and regulations. After the termination or termination of the labor contract, the non-competition period for the personnel specified in the preceding paragraph to go to other employing units that produce or operate similar products or engage in similar businesses, or start their own business to produce or operate similar products or engage in similar businesses, shall not exceed two years.

Article 25 Except for the circumstances specified in Articles 22 and 23 of this Law, the employing unit shall not agree with the laborer that the laborer shall bear the liquidated damages.

Article 26 The following labor contracts are invalid or partially invalid:

(I), by means of fraud or coercion or by taking advantage of the danger of others, to make the other party conclude or change the labor contract against the true will;

(II) the employer exempts itself from statutory responsibilities and excludes the rights of workers;

(III) violation of the mandatory provisions of laws and administrative regulations.

If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 If a part of a labor contract is invalid and does not affect the validity of the other parts, the other parts shall still be valid.

Article 28 If a labor contract is confirmed to be invalid and the laborer has already paid labor, the employing unit shall pay labor remuneration to the laborer. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.

　Chapter III Performance and Alteration of Labor Contracts

Article 29 The employer and the employee shall fully perform their respective obligations in accordance with the labor contract.

Article 30 The employing unit shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the laborer labor remuneration in full and on time. If the employer defaults or fails to pay the full amount of labor remuneration, the laborer may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 31 The employing unit shall strictly implement the labor quota standards and shall not force or in disguised form force workers to work overtime. If the employer arranges overtime work, it shall pay overtime pay to the workers in accordance with the relevant provisions of the State.

Article 32 If a worker refuses to command by the management personnel of the employing unit in violation of regulations or forces him to take risks in operation, he shall not be deemed to have violated the labor contract. Labourers shall have the right to criticize, inform against or accuse the employing units of working conditions that endanger their lives and health.

Article 33 The change of the name, legal representative, principal responsible person or investor of the employing unit shall not affect the performance of the labor contract.

Article 34 In the event of the merger or division of the employing unit, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employing unit that has inherited its rights and obligations.

Article 35 The content of the labor contract may be changed by consensus between the employing unit and the laborer. The modification of a labor contract shall be in writing. The employer and the laborer shall each hold one copy of the amended labor contract.

Chapter IV Dissolution and Termination of Labor Contracts

Article 36 The employing unit and the laborer may terminate the labor contract if they reach a consensus through consultation.

Article 37 A labourer may terminate the labor contract by notifying the employing unit in writing 30 days in advance. The laborer may terminate the labor contract by giving three days' notice to the employing unit during the probation period.

Article 38 If the employing unit is under any of the following circumstances, the laborer may terminate the labor contract:

The (I) fails to provide labor protection or working conditions as stipulated in the labor contract;

The (II) fails to pay labor remuneration in full and on time;

The (III) fails to pay social insurance premiums for the workers in accordance with the law;

The rules and regulations of the (IV) employing unit violate the provisions of laws and regulations and damage the rights and interests of laborers;

(V) the circumstances specified in the first paragraph of Article 26 of this Law render the labor contract invalid;

(VI) other circumstances under which the laborer may terminate the labor contract as stipulated by laws and administrative regulations.

If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

Article 39 The employing unit may rescind a labor contract under any of the following circumstances:

The (I) is proved not to meet the employment conditions during the probation period;

(II) seriously violating the rules and regulations of the employing unit;

(III) serious dereliction of duty or engaging in malpractices for selfish ends, thus causing great damage to the employing unit;

(IV) laborers simultaneously establish labor relations with other employing units, which has a serious impact on the completion of their work tasks, or the employing units refuse to make corrections;

(V) the circumstances specified in the first paragraph of Article 26 of this Law render the labor contract invalid;

(VI) be investigated for criminal responsibility according to law.

Article 40 Under any of the following circumstances, the employing unit may terminate the labor contract after notifying the laborer in writing 30 days in advance or after paying the laborer an additional month's salary:

If a (I) worker falls ill or is injured not due to work, he cannot take up his original job after the expiration of the prescribed medical treatment period, nor can he take up the job assigned by the employing unit;

(II) labourers are incompetent for the job and are still incompetent for the job after training or job adjustment;

(III) the objective circumstances on which the labor contract was concluded have changed significantly, the labor contract cannot be performed, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or to reduce less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employing unit shall explain the situation to the trade union or all employees 30 days in advance. After listening to the opinions of the trade union or employees, the reduction plan may be reported to the labor administrative department, and the personnel may be reduced:

The (I) is reorganized in accordance with the provisions of the Enterprise Bankruptcy Law;

Serious difficulties in (II) production and operation;

(III) enterprises change production, major technological innovation or business mode adjustment, after the change of labor contract, still need to reduce staff;

(IV) other major changes in the objective economic conditions on which the labor contract was concluded, resulting in the inability to perform the labor contract.

When reducing personnel, priority shall be given to retaining the following personnel:

The (I) concludes a long-term fixed-term labor contract with the unit;

The (II) concludes an indefinite labor contract with the unit;

(III) family has no other employed persons and there are elderly or minors in need of support. Where an employing unit reduces the number of personnel in accordance with the provisions of the first paragraph of this Article and re-recruits personnel within six months, it shall notify the personnel to be retrenched and give priority to the recruitment of the retrenched personnel under the same conditions.

Article 42 Where a laborer is under any of the following circumstances, the employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

(I) workers engaged in operations exposed to occupational hazards fail to undergo occupational health examination before leaving their posts, or patients with suspected occupational diseases are in the period of diagnosis or medical observation;

(II) suffering from occupational diseases or work-related injuries in their units and are confirmed to have lost or partially lost the ability to work;

The (III) is within the prescribed period of medical treatment due to illness or non-work-related injuries;

(IV) female workers during pregnancy, childbirth or lactation;

(V) has worked in the unit for 15 consecutive years and is less than five years away from the statutory retirement age;

Other circumstances as prescribed by (VI) laws and administrative regulations.

Article 43 Where an employing unit unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. If the employer violates the provisions of laws, administrative regulations or labor contracts, the trade union has the right to require the employer to make corrections. The employing unit shall study the opinions of the trade union and notify the trade union of the result in writing.

Article 44 A labor contract shall be terminated under any of the following circumstances:

The (I) labor contract expires;

(II) workers begin to enjoy basic old-age insurance benefits in accordance with the law;

The (III) worker is dead, or is declared dead or missing by a people's court;

(IV) employer is declared bankrupt according to law;

(V) the business license of the employer is revoked, or the employer is ordered to close down or cancel, or the employer decides to dissolve in advance;

Other circumstances as prescribed by (VI) laws and administrative regulations.

Article 45 Upon the expiration of a labor contract, if one of the circumstances specified in Article 42 of this Law occurs, the labor contract shall be renewed and terminated when the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as stipulated in paragraph 2 of Article 42 of this Law shall be implemented in accordance with the relevant provisions of the State on work-related injury insurance.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the laborer:

The (I) employee rescinds the labor contract in accordance with the provisions of Article 38 of this Law;

The (II) employing unit proposes to the laborer to terminate the labor contract in accordance with the provisions of Article 36 of this Law and terminates the labor contract by consensus with the laborer;

(III) the employer to terminate the labor contract in accordance with the provisions of Article 40 of this Law;

(IV) the employer to terminate the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

A (V) terminates a fixed-term labor contract in accordance with the provisions of Item 1 of Article 44 of this Law, except where the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the laborer does not agree to the renewal;

The (VI) terminates the labor contract in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;

Other circumstances as prescribed by (VII) laws and administrative regulations.

Article 47 Economic compensation shall be paid to workers at the rate of one month's salary for each full year of work in the unit. If it is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, the laborer shall be paid economic compensation of half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employee in the previous year announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying economic compensation to him shall be three times the average monthly salary of the employee. The maximum number of years for paying economic compensation to him shall not exceed twelve years. The term "monthly wage" as mentioned in this article refers to the average wage of a worker for the twelve months prior to the termination or termination of the labor contract.

Article 48 If the employing unit cancels or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform the labor contract; if the laborer does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employing unit shall pay compensation in accordance with the provisions of Article 87 of this Law.

Article 49 The State shall take measures to establish and improve the system of transregional transfer and continuation of the social insurance relationship of laborers.

Article 50 The employing unit shall, at the time of dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of archives and social insurance relations for the laborer within 15 days.

The laborer shall handle the handover of work in accordance with the agreement of both parties. If the employing unit shall pay economic compensation to the workers in accordance with the relevant provisions of this Law, it shall be paid at the time of the handover of the work.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for reference.

　Chapter V Special Provisions

Section 1 Collective Contracts

Article 51 The staff and workers of an enterprise and the employing unit may, through consultation on an equal footing, conclude a collective contract on labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, and other matters. The draft collective contract shall be submitted to the staff and workers' congress or to all the staff and workers for discussion and adoption.

A collective contract shall be concluded by the trade union with the employing unit on behalf of the employees of the enterprise; for an employing unit that has not yet established a trade union, a representative elected by the workers under the guidance of the trade union at a higher level shall be concluded with the employing unit.

Article 52 The employees of an enterprise and the employing unit may conclude special collective contracts on labor safety and health, protection of the rights and interests of female employees, and wage adjustment mechanisms.

Article 53 In areas below the county level, trade unions may conclude industry-specific collective contracts with representatives of enterprises in such industries as construction, mining, and catering services, or conclude regional collective contracts.

Article 54 After the conclusion of a collective contract, it shall be submitted to the labor administrative department; if the labor administrative department does not raise any objection within 15 days from the date of receipt of the text of the collective contract, the collective contract shall enter into force.

Collective contracts concluded in accordance with the law are binding on employers and workers. Industrial and regional collective contracts are binding on local employers and workers in their own industries and regions.

Article 55 The standards for labor remuneration and working conditions in a collective contract shall not be lower than the minimum standards prescribed by the local people's government; the standards for labor remuneration and working conditions in the labor contract concluded between the employing unit and the laborer shall not be lower than the standards prescribed in the collective contract.

Article 56 If an employing unit violates a collective contract and infringes upon the labor rights and interests of employees, the trade union may require the employing unit to bear the responsibility according to law; if a dispute arises from the performance of a collective contract and cannot be resolved through consultation, the trade union may apply for arbitration or bring a lawsuit according to law.

Section 2 Labor Dispatch

Article 57 The following conditions shall be met for the operation of the labor dispatch business:

The registered capital of the (I) shall not be less than RMB 2 million;

The (II) has a fixed place of business and facilities suitable for conducting business;

The (III) has a labor dispatch management system in line with the provisions of laws and administrative regulations;

(IV) other conditions stipulated by laws and administrative regulations. To operate the labor dispatch business, an administrative license shall be applied to the labor administrative department in accordance with the law; if permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business.

Article 58 A labor dispatch unit is an employing unit referred to in this Law and shall perform the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall, in addition to the matters specified in Article 17 of this Law, also specify the employer of the dispatched worker, the dispatch period, and the job position. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched laborer for more than two years and pay labor remuneration on a monthly basis; during the period when the dispatched laborer is not working, the labor dispatch unit shall follow the minimum wage standard set by the local people's government. Pay monthly remuneration.

Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts employment in the form of labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of posts and personnel to be dispatched, the duration of dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for breach of the agreement.

The employing unit shall determine the dispatch period with the labor dispatching unit according to the actual needs of the job position, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60 A labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement. The labor dispatching unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers in accordance with the labor dispatch agreement. The labor dispatching unit and the employing unit shall not collect fees from the dispatched workers.

Article 61 Where a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Article 62 An employing unit shall perform the following obligations:

(I) implement national labor standards and provide corresponding working conditions and labor protection;

(II) inform the dispatched workers of the work requirements and labor remuneration;

(III) pay overtime, performance bonuses, and provide job-related benefits;

(IV) the training necessary for the work of the dispatched workers;

(V) continuous employment, the implementation of the normal wage adjustment mechanism. The employing unit shall not dispatch the dispatched workers to other employing units.

Article 63 Dispatched workers shall have the right to equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same method of distribution of labor remuneration for dispatched workers and workers in similar positions in the unit. If the employing unit does not have workers in similar positions, it shall be determined by reference to the labor remuneration of workers in the same or similar positions in the place where the employing unit is located.

The labor contract concluded between the labor dispatch unit and the dispatched laborer and the labor dispatch agreement concluded with the employing unit shall specify or agree to pay the labor remuneration to the dispatched laborer in accordance with the provisions of the preceding paragraph.

Article 64 Dispatched laborers shall have the right to join or organize trade unions in accordance with the law in labor dispatch units or employment units to safeguard their legitimate rights and interests.

Article 65 The dispatched laborer may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Articles 36 and 38 of this Law.

If the dispatched laborer has the circumstances specified in Article 39 and Article 40, paragraphs 1 and 2 of this law, the employing unit may return the laborer to the labor dispatch unit, and the labor dispatch unit may, in accordance with the relevant provisions of this law, terminate the labor contract with the laborer.

Article 66 Employment under a labor contract is the basic form of employment for enterprises in China. Labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or alternative jobs.

The temporary jobs specified in the preceding paragraph refer to jobs that last for no more than six months; auxiliary jobs refer to non-main business positions that provide services for main business positions; alternative jobs refer to workers of the employing unit. During a certain period of time when you are unable to work due to off-duty study, vacation, etc., you can be replaced by other workers. The employing unit shall strictly control the number of labor dispatched and shall not exceed a certain proportion of its total employment. The specific proportion shall be stipulated by the labor administrative department of the State Council.

Article 67 An employing unit shall not establish a labor dispatch unit to dispatch workers to the unit or unit to which it belongs.

Section III Part-time Employment

Article 68 Part-time employment refers to the form of employment in which hourly remuneration is the mainstay, and the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.

Article 69 The parties to part-time employment may conclude an oral agreement. A worker engaged in part-time employment may conclude a labor contract with one or more employers; however, the labor contract concluded later shall not affect the performance of the labor contract concluded first.

Article 70 The parties to part-time employment shall not agree on a probation period.

Article 71 Either of the parties to part-time employment may terminate the employment at any time by notice to the other party. Termination of employment, the employer does not pay economic compensation to workers.

Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard set by the people's government of the place where the employer is located. The maximum period for settlement and payment of labor remuneration for part-time workers shall not exceed 15 days.

Chapter VI Supervision and Inspection

Article 73 The labor administrative department of the State Council shall be responsible for the supervision and administration of the implementation of the labor contract system throughout the country.

The labor administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the implementation of the labor contract system within their respective administrative areas.

In the supervision and administration of the implementation of the labor contract system, the labor administrative departments of the people's governments at or above the county level shall listen to the opinions of trade unions, representatives of enterprises and the competent departments of relevant industries.

Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system in accordance with the law:

(I) the employer's formulation of rules and regulations directly involving the immediate interests of workers and their implementation;

(II) the conclusion and termination of labor contracts between the employer and the employee;

(III) the situation of the labor dispatching units and the employing units in complying with the relevant provisions on labor dispatching;

(IV) the employer's compliance with the state's regulations on working hours, rest and vacation for workers;

(V) the employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

(VI) the employer's participation in various social insurances and payment of social insurance premiums;

Other labor inspection matters as prescribed by (VII) laws and regulations.

Article 75 When carrying out supervision and inspection, the labor administrative department of the local people's government at or above the county level shall have the right to consult materials related to labor contracts and collective contracts, and shall have the right to conduct on-site inspections of labor sites, and both the employing unit and the laborers shall truthfully provide relevant information and materials.

In carrying out supervision and inspection, the functionaries of the labor administrative departments shall produce their certificates, exercise their functions and powers according to law, and enforce the law in a civilized manner.

Article 76 The relevant competent departments of construction, health and production safety supervision and administration of the people's governments at or above the county level shall, within the scope of their respective duties, supervise and administer the implementation of the labor contract system by the employing units.

Article 77 If the legitimate rights and interests of labourers are infringed upon, they shall have the right to request the relevant departments to deal with the matter in accordance with the law, or to apply for arbitration or bring a lawsuit in accordance with the law.

Article 78 Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise the performance of labor contracts and collective contracts by employing units. If the employing unit violates labor laws, regulations, labor contracts or collective contracts, the trade union shall have the right to put forward opinions or demand rectification; if the laborer applies for arbitration or brings a lawsuit, the trade union shall provide support and assistance in accordance with the law.

Article 79 Any organization or individual shall have the right to report any violation of this Law, and the labor administrative department of the people's government at or above the county level shall verify and deal with it in a timely manner, and reward those who have made meritorious reports.

Chapter VII Legal Liability

Article 80 Where the rules and regulations of an employing unit directly involving the vital interests of laborers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; if it causes damage to laborers, it shall be liable for compensation.

Article 81 If the text of the labor contract provided by the employing unit does not contain the necessary provisions of the labor contract as stipulated in this Law, or if the employing unit fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; if damage is caused to the laborer, it shall be liable for compensation.

Article 82 If the employing unit fails to conclude a written labor contract with the laborer for more than one month but less than one year from the date of employment, it shall pay the laborer twice the monthly salary.

If the employer violates the provisions of this Law and fails to conclude an open-ended labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded.

Article 83 If the employing unit violates the provisions of this Law and agrees with the laborer on the probation period, the labor administrative department shall order it to make corrections; if the illegally agreed probation period has been fulfilled, the employing unit shall take the laborer's monthly salary at the end of the probation period as the standard, and pay compensation to the laborer according to the period that has been fulfilled and exceeds the statutory probation period.

Article 84 Where an employing unit, in violation of the provisions of this Law, detains a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a time limit and impose penalties in accordance with the relevant laws.

If an employing unit, in violation of the provisions of this Law, collects property from workers in the name of guarantee or other names, the labor administrative department shall order it to return the property to the workers within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; if it causes damage to the workers, it shall be liable for compensation.

If a laborer rescinds or terminates a labor contract in accordance with the law, and the employing unit seizes the laborer's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 85 If the employing unit has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay the difference; if it fails to pay within the time limit, The employing unit shall be ordered to pay additional compensation to the laborer according to the standard that the amount payable is more than 50% and 100% less:

The (I) fails to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or the provisions of the State;

(II) lower than the local minimum wage standard to pay wages to workers;

(III) arrange to work overtime without paying overtime pay;

The (IV) rescinded or terminated the labor contract and failed to pay economic compensation to the laborer in accordance with this Law.

Article 86 If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law, thus causing damage to the other party, the party at fault shall be liable for compensation.

Article 87 Where an employing unit cancels or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.

Article 88 Where an employing unit is under any of the following circumstances, it shall be given administrative punishment according to law; where a crime is constituted, it shall be investigated for criminal responsibility according to law; where damage is caused to labourers, it shall be liable for compensation:

(I) forced labor by means of violence, threat or illegal restriction of personal freedom;

(II) directing or forcing risky operations against rules and regulations that endanger the personal safety of workers;

(III) insult, corporal punishment, beating, illegally searching or detaining laborers;

(IV) poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

Article 89 Where an employing unit, in violation of the provisions of this Law, fails to issue to the laborer a written certificate of rescission or termination of the labor contract, the labor administrative department shall order it to make corrections; if any damage is caused to the laborer, it shall be liable for compensation.

Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the obligation of confidentiality or non-competition stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.

Article 91 Where an employing unit recruits workers whose labor contracts with other employing units have not yet been terminated or terminated, and causes losses to other employing units, it shall bear joint and several liability for compensation.

Article 92 Whoever, in violation of the provisions of this Law, engages in labor dispatch business without permission, shall be ordered by the labor administrative department to stop the illegal act, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of not more than 50,000 yuan may be imposed.

If a labor dispatch unit or employer violates the relevant labor dispatch provisions of this law, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined at the standard of 5,000 yuan to 10,000 yuan per person, and the labor dispatch unit shall be revoked Its labor dispatch business license. If the employing unit causes damage to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.

Article 93 For the illegal and criminal acts of an employing unit that does not have legal business qualifications, legal responsibility shall be investigated according to law; if the laborer has already paid labor, the unit or its investor shall pay labor remuneration to the laborer in accordance with the relevant provisions of this law. Economic compensation, compensation; if damage is caused to the laborer, it shall be liable for compensation.

Article 94 Where individual contractors recruit laborers in violation of the provisions of this Law and cause damage to laborers, the contracting organization and the individual contractor shall bear joint and several liability for compensation.

Article 95 If the labor administrative department and other relevant competent departments and their staff neglect their duties, fail to perform their statutory duties, or illegally exercise their functions and powers, thus causing damage to workers or employers, they shall be liable for compensation; the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 96 Where laws, administrative regulations or the State Council provide otherwise for the conclusion, performance, modification, dissolution or termination of labor contracts between public institutions and staff members under the employment system, such provisions shall prevail; if no such provisions are made, the relevant provisions of this Law shall prevail.

Article 97 Labor contracts concluded in accordance with the law before the implementation of this Law and existing on the date of implementation of this Law shall continue to be performed; the number of consecutive fixed-term labor contracts stipulated in Item 3, Paragraph 2 of Article 14 of this Law shall be counted from the time of renewal of fixed-term labor contracts after the implementation of this Law.

If a labor relationship has been established before the implementation of this Law, but a written labor contract has not been concluded, it shall be concluded within one month from the date of implementation of this Law.

If the labor contract existing on the date of implementation of this Law is terminated or terminated after the implementation of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the economic compensation period shall be calculated from the date of implementation of this Law; before the implementation of this Law, in accordance with the relevant provisions at that time, if the employer should pay economic compensation to the laborer, it shall be implemented in accordance with the relevant provisions at that time.

Article 98 This Law shall enter into force as of January 1, 2008.

Keywords:

Measures for the Implementation of the Regulations on the Administration of Security Services by Public Security Organs

Implementation of a number of provisions of the the People's Republic of China Social Insurance Act

The People's Republic of China Labor Contract Law

Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Labor Contract Law

(Adopted at the 30th Session of the Standing Committee of the Eleventh National People's Congress on December 28, 2012)

Directory

Chapter II Conclusion of Labor Contracts

Chapter III Performance and Alteration of Labor Contracts

Chapter V Special Provisions

Section 1 Collective Contracts

Section 2 Labor Dispatch

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

　　Chapter II Conclusion of Labor Contracts

　Chapter III Performance and Alteration of Labor Contracts

　Chapter V Special Provisions