Labor Contract Law of Prc

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Labor Contract Law of PRC (English version)
The Labor Contract Law of the People’s Republic of China was adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on June 29, 2007 and is hereby promulgated and effective as of January 1, 2008. President of the People’s Republic of China: Hu Jin-tao

Labor 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 of the People’s Republic of China on June 29, 2007) Contents
Chapter I General Provisions
Chapter II Conclusion of Labor Contracts
Chapter III Performance and Change of Labor Contracts
Chapter IV Dissolution and Termination of Labor Contracts
Chapter V Special Provisions
Section 1 Collective Contracts
Section 2 Labor Dispatch
Section 3 Part-time Labor Services
Chapter VI Supervision and Examination
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated to improve the labor contract system, specify the rights and obligations of both parties to labor contracts, protect the lawful rights and interests of laborers and establish and develop a stable and harmonious labor relationship. Article 2 This Law shall apply to the conclusion, performance, change, dissolution or termination of labor contracts through the establishment of labor relationships between institutions such as enterprises, individually-owned economic organizations and private non-enterprise work units within the territory of the People’s Republic of China (hereinafter referred to as “employing units”) and laborers. The conclusion, performance, change, dissolution or termination of labor contracts by state authorities, institutions, social organizations and laborers with which they have a labor relationship shall refer to this Law. Article 3 The conclusion of labor contracts shall comply with the principles of lawfulness, fairness, equality and willingness, consensus consultation and faithfulness and creditworthiness. Labor contracts that are lawfully concluded shall be legal binding. Employing units and laborers shall perform the obligations agreed in labor contracts. Article 4 An employing unit shall lawfully establish and improve rules and systems, protect the labor rights enjoyed by laborers and perform labor obligations. Where an employing unit formulates, amends or decides on rules and systems that are directly related to the personal benefits of laborers or important matters such as labor rules and systems, working hours, rest days, labor safety and health, insurance benefits, employee training, labor discipline and labor quota administration, it shall hold a discussion with employees’ assembly or all employees, submit proposals and give suggestions and determine the issue following fair consultation with labor unions or employees’ representatives. In the process of decision-making and implementation of rules and systems and important matters, where a labor unions or employee deems it improper, it shall have the right to raise the issue to employing units and amendments and improvements shall be made through consultation. The employing unit shall publicly announce the rules and systems that are directly related to the personal benefits of laborers or the decisions on important matters, or inform the laborers of such rules and systems and decisions. Article 5 The labor administrative department of the people’s government at the county level or above and labor unions and representatives of enterprises shall establish a sound three-party mechanism for coordinating labor relationships and jointly study and solve important issues relevant to labor relationships. Article 6 A labor union shall assist and guide laborers to lawfully conclude and perform labor contracts with employing units and establish a collective consultation mechanism with employing units, and protect...
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