The Regulations for the Implementation of the Labor Contract Law of the People's Republic of China*** and the State have been adopted at the 25th executive meeting of the State Council on September 3, 2008, and are hereby promulgated and shall come into force on the date of promulgation.
Chapter I: General Provisions
Article 1 These Regulations are formulated for the purpose of implementing the Law of the People's Republic of China on Labor Contracts (hereinafter referred to as the Labor Contract Law).
Article 2 The people's governments at all levels and the relevant departments of the people's governments at or above the county level, such as the labor administration, as well as the labor unions and other organizations, shall take measures to promote the implementation of the Law on Labor Contracts and the harmony of labor relations.
Article 3 Partnership organizations such as accounting firms, law firms and foundations established in accordance with the law are employers under the Labor Contract Law.
Chapter II Conclusion of Labor Contracts
Article 4 Branches established by an employer as stipulated in the Labor Contract Law, which have obtained business licenses or registration certificates in accordance with the law, may enter into labor contracts with laborers as an employer If they have obtained business licenses or registration certificates in accordance with the law, they may be entrusted by the employer to enter into labor contracts with laborers.
Article 5 Within one month from the date of employment, after written notice by the employer, the worker does not enter into a written labor contract with the employer, the employer shall notify the worker in writing of the termination of the labor relationship without the need to pay economic compensation to the worker, but shall, in accordance with the law, pay the worker for the time he or she has actually worked.
Article 6 If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the worker twice the monthly wages and make up for the written labor contract with the worker. Article 47 of the labor contract law to pay economic compensation.
The preceding paragraph of the employer to pay twice the monthly wages to the workers for the next day of the month from the date of employment, the deadline for the written labor contract for the day before the replacement.
Article 7 If an employer fails to conclude a written labor contract with a worker for a period of one year from the date of employment, the employer shall pay the worker twice the monthly wages in accordance with the provisions of Article 82 of the Labor Contract Law from the day following the expiration of one month from the date of employment to the day before the expiration of one year, and shall regard the employer as having concluded an open-ended labor contract with the worker for a period of one year from the date of employment, and shall immediately conclude a written labor contract with the worker. The worker shall immediately conclude a supplementary written labor contract.
Article 8 The employee roster provided for in Article 7 of the Labor Contract Law shall include the name, gender, civil status number, household address and current address of the worker, contact information, form of employment, starting time of employment, and duration of the labor contract.
Article 9 The starting time of 10 years of continuous employment as stipulated in Article 14(2) of the Labor Contract Law shall be calculated from the date of employment by the employing unit, and shall include the years of employment prior to the implementation of the Labor Contract Law.
Article 10 If a worker is assigned to work at a new employer from the original employer for reasons other than his own, the worker's years of service at the original employer shall be combined and calculated as the years of service at the new employer. If the original employer has already paid economic compensation to the worker, the new employer shall no longer count the worker's years of service with the original employer when calculating the years of service for the payment of economic compensation in the event of the termination of the labor contract in accordance with the law.
Article 11 Except for cases where the worker and the employer reach a consensus, if the worker proposes to enter into an open-ended labor contract in accordance with the provisions of Article 14(2) of the Labor Contract Law, the employer shall enter into an open-ended labor contract with him/her. The content of the labor contract shall be determined by both parties in accordance with the principles of lawfulness, fairness, equality and voluntariness, consensus, and honesty and good faith, and the content of any disagreement shall be implemented in accordance with the provisions of Article 18 of the Labor Contract Law.
Article 12: For public welfare positions provided by local people's governments at all levels and the relevant departments of local people's governments at or above the county level for the purpose of placing people with employment difficulties and granting them job subsidies and social insurance subsidies, the labor contracts shall not be subject to the provisions of the Labor Contract Law concerning open-ended labor contracts and the payment of economic compensation.
Article 13 An employer and a worker shall not agree on any other conditions for the termination of the labor contract other than those stipulated in Article 44 of the Labor Contract Law.
Article 14 If the place of fulfillment of the labor contract and the place of registration of the employer are not the same, the minimum wage standard, labor protection, labor conditions, protection against occupational hazards, and the average monthly wage standard of the workers in the region in the previous year shall be in accordance with the relevant provisions of the place of fulfillment of the labor contract, and the relevant standards of the place of registration of the employer are higher than those of the place of fulfillment of the labor contract, and the employer and the workers agree that the minimum wage standard shall be in accordance with the relevant regulations of the employer. If the employer and the laborer agree to follow the relevant provisions of the place of registration of the employer, the agreement shall be followed.
Article 15 A worker's wage during the probationary period shall not be less than 80% of the lowest grade wage for the same position in the employer's organization or less than 80% of the wage agreed upon in the employment contract, and shall not be less than the minimum wage standard of the place where the employer is located.
Article 16 The training expenses stipulated in Article 22(2) of the Labor Contract Law include the documented training expenses paid by the employing unit for the purpose of providing professional and technical training to the worker, the travel expenses during the training period, and other direct expenses incurred as a result of the training and used for the worker.
Article 17 If the term of the labor contract expires, but the service period agreed between the employer and the worker in accordance with the provisions of Article 22 of the Labor Contract Law has not yet expired, the labor contract shall be renewed until the expiration of the service period if the employer and the worker agree otherwise.
Chapter III: Termination of Employment Contracts
Article 18 In any of the following cases, in accordance with the conditions and procedures stipulated in the Employment Contracts Law, the worker may terminate the employment contract with the employer for a fixed period of time, an open-ended employment contract, or an employment contract that is limited to a certain period of time for the completion of a certain work task:
(1) Where the worker and the employer reach a consensus on the termination of the employment contract, the employer may terminate the contract with the worker for a fixed period of time, or for a period of time for the completion of a certain work task. (ii) the worker notifies the employer in writing 30 days in advance (iii) the worker notifies the employer 3 days in advance during the probationary period (iv) the employer fails to provide labor protection or labor conditions as agreed in the labor contract (v) the employer fails to pay labor remuneration in full and on time (vi) the employer fails to pay social insurance premiums for the worker in accordance with the law (vii) the employer's rules and regulations are in violation of laws and regulations and harm the rights and interests of the workers. or regulations, which are detrimental to the rights and interests of workers (h) The employer uses fraud, coercion, or takes advantage of a person's danger to make workers enter into or change an employment contract in violation of their true intentions (i) The employer exempts itself from legal responsibility or excludes the rights of workers in an employment contract (j) The employer violates the mandatory provisions of laws or administrative regulations (k) The employer uses violence, Threats or unlawful restriction of personal freedom means to force workers to work (xii) the employer violates the rules of command, forced risky operation endangering the personal safety of workers (xiii) laws and administrative regulations provide that workers can terminate the labor contract of other circumstances.
Article 19 In any of the following cases, in accordance with the conditions and procedures stipulated in the Law on Employment Contracts, the employer may terminate the employment contract with the worker for a fixed term, an open-ended employment contract, or an employment contract that is limited to the completion of a certain work task:
(1) where the employer and the worker reach a consensus; (2) where the worker is proved to have failed to meet the conditions of employment during the probationary period; (3) where the worker has seriously violated the terms of the employment contract; (4) where the worker is proved to have failed to meet the requirements of the contract. (iii) the worker seriously violates the rules and regulations of the employing unit (iv) the worker seriously neglects his duties, engages in fraudulent acts for personal gain, and causes significant damage to the employing unit (v) the worker establishes labor relations with other employing units at the same time, which seriously affects the completion of the unit's work tasks, or he refuses to rectify the situation upon the employing unit's proposal (vi) the worker fraudulently, coercively, or by taking advantage of the danger of a person's position, and the employing unit (f) The labor contract is concluded or changed in violation of the true meaning of the contract (g) The laborer is investigated for criminal responsibility according to the law (h) The laborer is ill or injured not due to work, and is unable to perform his or her original work after the expiration of the prescribed medical treatment period, or is unable to perform the work that has been arranged for by the employing unit (i) The laborer is not capable of performing the work, and is still not able to perform the work after training or adjusting the workplace (j) The labor contract is concluded on the basis of the objective circumstances that have occurred at the time of conclusion of the contract, or the employing unit refuses to correct the situation. (x) If there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement on changing the contents of the labor contract after consultation (xi) If the employer is reorganized in accordance with the provisions of the Enterprise Bankruptcy Law (xii) If the employer experiences serious difficulties in production and operation (xiii) If the employer needs to downsize personnel even after the change of the labor contract, or if there is a change in the production of the enterprise, a major technological innovation, or adjustment of its mode of operation. (xiv) Other significant changes in the objective economic situation on which the labor contract was concluded, making it impossible to fulfill the labor contract.
Article 20 If an employer chooses to terminate a labor contract by paying the worker one additional month's wages in accordance with the provisions of Article 40 of the Labor Contract Law, the additional wages shall be determined in accordance with the worker's previous month's wages.
Article 21 The labor contract shall be terminated if the worker reaches the legal retirement age.
Article 22 Where an employment contract which is limited to the completion of certain work tasks is terminated due to the completion of the tasks, the employer shall pay economic compensation to the worker in accordance with the provisions of Article 47 of the Labor Contract Law.
Article 23 If an employer terminates the labor contract of an injured worker in accordance with law, in addition to paying economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law, the employer shall also pay a one-time medical subsidy for the injury and an employment subsidy for the disability in accordance with the provisions of the State's regulations on work-related injury insurance.
Article 24 The certificate issued by the employer for the termination of the labor contract shall state the term of the labor contract, the date of termination of the labor contract, the position of the employee, and the number of years of service in the employer.
Article 25 If an employer violates the provisions of the Labor Contract Law in terminating or suspending a labor contract, and pays compensation in accordance with the provisions of Article 87 of the Labor Contract Law, the employer shall not pay any economic compensation. The years of calculation of the compensation shall be calculated from the date of employment.
Article 26 If an employer and a worker agree on a service period and the worker terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it is not a violation of the agreement on the service period, and the employer shall not require the worker to pay liquidated damages.
In any of the following cases, if the employer terminates the employment contract with the worker for the agreed period of service, the worker shall pay the employer liquidated damages in accordance with the agreement of the employment contract:
(1) the worker has seriously violated the rules and regulations of the employer, (2) the worker has seriously neglected his duties, engaged in malpractice, and has caused significant damage to the employer, (3) the worker has established an employment relationship with other employers, and the employer is not required to pay the liquidated damages for the violation of the agreement. (c) the worker simultaneously establishes labor relations with other employers, which seriously affects the completion of the unit's work tasks, or refuses to rectify the situation upon the employer's proposal (d) the worker, by means of fraud, coercion, or by taking advantage of the danger of others, concludes or alters the labor contract with the employer contrary to its true meaning (e) the worker is being investigated for criminal responsibility in accordance with the law.
Article 27 The monthly wages for the economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated in accordance with the wages to be earned by the worker, including hourly wages or piece-rate wages and monetary income such as bonuses, allowances and subsidies. If a worker's average wage for the 12 months prior to the termination or suspension of the labor contract is less than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If the 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 funded or established by an employer or a unit to which it belongs in partnership, which dispatches laborers to its own unit or a unit to which it belongs, shall be a labor dispatch unit that may not be established as stipulated in Article 67 of the Labor Contract Law.
Article 29 Employing units shall fulfill the obligations stipulated in Article 62 of the Labor Contract Law and safeguard the lawful rights and interests of dispatched workers.
Article 30 A labor dispatching unit shall not employ dispatched workers on a part-time basis.
Article 31 The economic compensation for the termination or suspension of the labor contract by the labor dispatching unit or the dispatched workers shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.
Article 32 Where a labor dispatching unit unlawfully cancels or terminates the labor contract of a dispatched worker, it shall be enforced in accordance with the provisions of Article 48 of the Labor Contract Law.
Chapter 5: Liability
Article 33 If an employer violates the provisions of the Labor Contract Law on the establishment of employee registers, the labor administration department shall order the employer to make corrections within a certain period of time. If the employer fails to make corrections within a certain period of time, the labor administration department shall impose a fine of not less than 2,000 yuan and not more than 20,000 yuan.
Article 34 If an employer is required by the Labor Contract Law to pay twice the monthly wages to a worker, or if the employer is required to pay compensation to a worker, but fails to do so, the labor administration department shall order the employer to do so.
Article 35 Where an employing unit violates the provisions of the Labor Contract Law and these Regulations on labor dispatch, the labor administrative department and other relevant competent departments shall order rectification of the seriousness of the section, and impose a fine of not less than 1,000 yuan and not more than 5,000 yuan for each dispatched worker. Where a dispatched worker causes damage, the labor dispatching unit and the employing unit shall be jointly and severally liable to pay compensation.
Chapter VI Supplementary Provisions
Article 36 Complaints and reports of violations of the Labor Contract Law and these Regulations shall be handled by the labor administrative departments of the local people's governments at or above the county level in accordance with the provisions of the Regulations on Labor Security Supervision.
Article 37 Disputes between a worker and an employer arising from the conclusion, performance, alteration, dissolution or termination of a labor contract shall be handled in accordance with the provisions of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
Article 38 These Regulations shall come into force on the date of promulgation.
Legal Basis:
The Law of the People's Republic of China on Labor Contracts
Article 3 The conclusion of a labor contract shall be in accordance with the principles of lawfulness, fairness, equality and voluntariness, consensus, and honesty and trust. Labor contracts concluded in accordance with the law shall be binding, and the employer and the worker shall perform the obligations agreed upon in the labor contract.
Article 10: A written labor contract shall be concluded when a labor relationship is established. Has established labor relations, not at the same time to enter into a written labor contract, shall within one month from the date of employment to enter into a written labor contract. Employers and workers in the employment before the conclusion of labor contracts, labor relations from the date of employment.
Article 36 The employer and the worker may terminate the labor contract by consensus.