Regulations on the Implementation of the the People's Republic of China Labor Contract Law

Published: September 18, 2008

Decree of the State Council of the People's Republic of China

No. 535

The Regulation on the Implementation of the the People's Republic of China Labor Contract Law, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated and shall come into force on the date of promulgation.

Premier Wen Jiabao

September 18, 2008

　Regulations on the Implementation of the the People's Republic of China Labor Contract Law

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of implementing the the People's Republic of China Labor Contract Law (hereinafter referred to as the Labor Contract Law).

Article 2 The people's governments at all levels, the labor administrative departments of the people's governments at or above the county level, and the trade unions and other organizations shall take measures to promote the implementation of the labor contract law and promote the harmony of labor relations.

Article 3 Partnership organizations and foundations such as accounting firms and law firms established in accordance with the law belong to the employing units stipulated in the Labor Contract Law.

　　Chapter II Conclusion of Labor Contracts

Article 4 If a branch established by an employing unit as stipulated in the Labor Contract Law has obtained a business license or registration certificate in accordance with the law, it may be used as an employing unit to conclude a labor contract with the laborer; if it has not obtained a business license or registration certificate in accordance with the law, it may be entrusted by the employing unit to conclude a labor contract with the laborer. Article 5 Within one month from the date of employment, if the laborer does not enter into a written labor contract with the employing unit after receiving a written notice from the employing unit, the employing unit shall notify the laborer in writing to terminate the labor relationship without paying economic compensation to the laborer, but shall pay the laborer labor remuneration for his actual working hours in accordance with the law.

Article 6 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 in accordance with the provisions of Article 82 of the Labor Contract Law and make up a written labor contract with the laborer. If the laborer does not conclude a written labor contract with the employing unit, the employing unit shall notify the laborer in writing to terminate the labor relationship, and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.

The starting time for the employer to pay twice the monthly salary to the employee as specified in the preceding paragraph is the day after one month from the date of employment, and the deadline is the day before the written labor contract is renewed.

Article 7 If the employer fails to conclude a written labor contract with the laborer for one year from the date of employment, the employer shall pay twice the monthly salary to the laborer in accordance with the provisions of Article 82 of the Labor Contract Law, and shall be deemed to have concluded an open-ended labor contract with the laborer on the day of one year from the date of employment, A written labor contract shall be made up immediately with the worker.

Article 8 The employee roster stipulated in Article 7 of the Labor Contract Law shall include the employee's name, gender, citizenship number, household registration address and current address, contact information, form of employment, start time of employment, and term of labor contract.

Article 9 The starting time of 10 years of continuous work as stipulated in the second paragraph of Article 14 of the Labor Contract Law shall be calculated from the date of employment by the employer, including the number of years of work before the implementation of the Labor Contract Law.

Article 10 If a worker is assigned to work in a new employer from the original employer for reasons other than his own, the working years of the worker in the original employer shall be calculated as the working years of the new employer. If the original employer has paid economic compensation to the laborer, the new employer will no longer calculate the working years of the laborer in the original employer when the labor contract is terminated or terminated in accordance with the law.

Article 11 Except for the situation where the laborer and the employer reach an agreement through consultation, if the laborer proposes to conclude an indefinite labor contract in accordance with the provisions of the second paragraph of Article 14 of the Labor Contract Law, the employer shall conclude an indefinite labor contract with him. The content of the labor contract shall be determined by both parties through consultation in accordance with the principles of legality, fairness, equality, voluntariness, consensus through consultation, and good faith; the content of the agreement shall be implemented in accordance with the provisions of Article 18 of the Labor Contract Law.

Article 12 the labor contracts of public welfare posts provided by local people's governments at all levels and relevant departments of local people's governments at or above the county level for the placement of people with employment difficulties shall not apply to the provisions of the Labor contract Law on open-ended labor contracts and the payment of economic compensation.

Article 13 The employer and the employee shall not agree on other conditions for the termination of the labor contract other than the termination of the labor contract stipulated in Article 44 of the Labor Contract Law.

Article 14 If the place of performance of the labor contract is inconsistent with the place of registration of the employing unit, the minimum wage standard, labor protection, working conditions, occupational hazard protection and the average monthly wage standard of employees in the region in the previous year shall be implemented in accordance with the relevant provisions of the place of performance of the labor contract; the relevant standards of the place of registration of the employing unit are higher than the relevant standards of the place of performance of the labor contract, and if the employer and the employee agree to implement in accordance with the relevant provisions of the employer's place of registration, the agreement shall prevail.

Article 15 The wages of workers during the probation period shall not be less than 80% of the minimum wage for the same position in the unit or 80% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employing unit is located.

Article 16 The training expenses stipulated in the second paragraph of Article 22 of the Labor Contract Law include the documented training expenses paid by the employer for the professional and technical training of the laborer, the travel expenses during the training period and other direct expenses incurred for the laborer as a result of the training.

Article 17 If the labor contract expires, but the service period agreed between the employer and the laborer in accordance with the provisions of Article 22 of the Labor Contract Law has not yet expired, the labor contract shall be extended until the expiration of the service period; if the two parties agree otherwise, From its agreement.

　Chapter III Dissolution and Termination of Labor Contracts

Article 18 Under any of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the laborer may terminate the fixed-term labor contract, the non-fixed-term labor contract or the labor contract with the employer for the completion of certain tasks:

The (I) worker and the employer reach a consensus through consultation;

The (II) worker notifies the employer in writing 30 days in advance;

The (III) worker notifies the employer 3 days in advance during the probation period;

(IV) the employer fails to provide labor protection or working conditions in accordance with the labor contract;

(V) employer fails to pay labor remuneration in full and on time;

(VI) employers fail to pay social insurance premiums for workers in accordance with the law;

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

(VIII) employing units use fraud or coercion or take advantage of other people's danger to make laborers conclude or change labor contracts against their true intentions;

(IX) the employer exempts itself from statutory responsibilities and excludes the rights of workers in the labor contract;

(X) employer violates the mandatory provisions of laws and administrative regulations;

(11) The employing unit forces laborers to work by means of violence, threat or illegal restriction of personal freedom;

(12) The employing unit, in violation of regulations, commands or forces risky operations that endanger the personal safety of workers;

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

Article 19 Under any of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the fixed-term labor contract, the non-fixed-term labor contract or the labor contract for the completion of a certain task:

(I) the employer and the laborer reach a consensus through consultation;

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

(III) workers seriously violate the rules and regulations of the employing unit;

(IV) workers seriously dereliction of duty or engage in malpractice, causing great damage to the employing unit;

(V) 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;

(VI) laborers conclude or modify labor contracts against their true intentions by means of fraud or coercion or by taking advantage of the danger of others;

The (VII) laborer is investigated for criminal responsibility according to law;

If a (VIII) 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;

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

(X) the objective conditions on which the labor contract is concluded have changed significantly, resulting in the inability to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract through consultation;

(11) Reorganization of the employer in accordance with the provisions of the Enterprise Bankruptcy Law;

(12) Serious difficulties in the production and operation of the employing unit;

(13) If the enterprise changes production, major technological innovation or adjustment of business mode, and the labor contract is changed, the staff still needs to be laid off;

(14) Other labor contracts cannot be performed due to major changes in the objective economic conditions on which the labor contract was concluded.

Article 20 If an employing unit chooses to pay an additional month's wages to a worker to terminate a labor contract in accordance with the provisions of Article 40 of the Labor Contract Law, the additional wages paid shall be determined in accordance with the wage standard of the worker for the previous month.

Article 21 If a laborer reaches the statutory retirement age, the labor contract shall be terminated.

Article 22 If a labor contract with the term of completing a certain task is terminated due to the completion of the task, the employer shall pay economic compensation to the laborer in accordance with the provisions of Article 47 of the Labor Contract Law.

Article 23 Where an employer terminates the labor contract of an injured employee in accordance with the law, in addition to paying economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law, it shall also pay a one-time work injury medical subsidy in accordance with the provisions of the State on work injury insurance And disability employment subsidy.

Article 24 The certificate of rescission or termination of the labor contract issued by the employing unit shall state the term of the labor contract, the date of rescission or termination of the labor contract, the post and the number of years of service in the unit.

Article 25 Where an employing unit rescinds or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with the provisions of Article 87 of the Labor Contract Law, it shall no longer pay economic compensation. The calculation period of the compensation shall be calculated from the date of employment.

Article 26 The employer and the laborer have agreed on the service period, and the laborer terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, which does not constitute a violation of the service period, and the employer shall not require the laborer to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract for the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

(I) workers seriously violate the rules and regulations of the employing unit;

(II) workers seriously dereliction of duty or engage in malpractice, causing great damage to the employing unit;

(III) 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;

(IV) laborers conclude or modify labor contracts against their true intentions by means of fraud or coercion or by taking advantage of the danger of others;

(V) workers are investigated for criminal responsibility according to law.

Article 27 The monthly wages of economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated on the basis of the wages due to the workers, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average wage of the laborer in the 12 months before the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

　Chapter IV Special Provisions on Labor Dispatch

Article 28 A labor dispatch unit established by an employer or its subordinate unit with capital contribution or partnership shall be a labor dispatch unit that shall not be established as stipulated in Article 67 of the Labor Contract Law. Article 29 The employing unit shall perform the obligations stipulated in Article 62 of the Labor Contract Law and safeguard the legitimate rights and interests of the dispatched workers.

Article 30 A labor dispatch unit shall not employ dispatched workers in the form of part-time employment.

Article 31 The economic compensation for the termination or termination of the labor contract by the labor dispatch unit or the dispatched laborer shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.

Article 32 If a labor dispatch unit illegally terminates or terminates the labor contract of the dispatched worker, it shall be implemented in accordance with the provisions of Article 48 of the Labor Contract Law.

　Chapter V Legal Liability

Article 33 If an employing unit violates the provisions of the Labor Contract Law on the establishment of a roster of employees, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the labor administrative department shall impose a fine of 2000 yuan to 20000 yuan.

Article 34 Where an employing unit, in accordance with the provisions of the Labor Contract Law, shall pay twice the monthly wages to the laborer or shall pay compensation to the laborer but fails to pay, the labor administrative department shall order the employing unit to pay.

Article 35 If an employing unit violates the labor contract law and the provisions of these regulations on labor dispatch, it shall be ordered by the labor administrative department and other relevant competent departments to make corrections; if the circumstances are serious, a fine of 1000 yuan to 5000 yuan shall be imposed on each dispatched worker; if damage is caused to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation.

　Chapter VI Supplementary Provisions

Article 36 The labor administrative department of the local people's government at or above the county level shall handle the complaints and reports of violations of the Labor Contract Law and these Regulations in accordance with the provisions of the Regulations on Labor Security Supervision.

Article 37 Any dispute between a laborer and an employing unit arising from the conclusion, performance, modification, dissolution or termination of a labor contract shall be dealt with in accordance with the provisions of the Labor Dispute Mediation and Arbitration Law of the the People's Republic of China Party of the People's Republic of China.

Article 38 These Regulations shall enter into force as of the date of promulgation.