The People's Republic of China Labor Contract Law Implementation Regulations
Chapter 1 General
Chapter II Conclusion of Labor Contracts
Chapter 3 Release and Termination of Labor Contracts
Chapter IV Special Provisions on Labor Dispatch
Chapter V Legal Duties
Chapter VI Supplementary Provisions
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Chapter 1 General Provisions
Article 1 This Regulation is formulated for the purpose of implementing the "Law of the People's Republic of China on 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 government at or above the county level, and the labor 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 The partnership organizations and foundations such as accounting firms and law firms that are established in accordance with the law belong to the employers stipulated in the Labor Contract Law.
Chapter II Conclusion of Labor Contracts
Article 4 Where a branch established by an employing unit prescribed by the Labor Contract Law obtains a business license or registration certificate according to law, it may conclude an employment contract with the employee as an employing unit; if it has not obtained a business license or registration certificate according to law, it may be entrusted by the employing unit. Enter into a labor contract with the worker.
Article 5 Within one month from the date of employment, if the employer does not conclude a written labor contract with the employer after written notification from the employer, the employer shall notify the employee in writing to terminate the labor relationship without paying the worker economic compensation. However, labor compensation should be paid to workers in accordance with the law during their actual working hours.
Article 6 If an employer fails to conclude a written labor contract with a worker more than one month less than one year from the date of employment, the employer shall pay the worker twice a month’s salary in accordance with Article 82 of the Labor Contract Law. If the laborer does not conclude a written labor contract with the employer, the employing unit shall notify the laborer in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
The starting time prescribed by the preceding paragraph for the employer to pay workers twice the monthly salary is the day following the first day of employment, and the deadline is the day before the written labor contract is supplemented.
Article 7 If an employer fails to enter into a written labor contract with the laborer within one year from the date of employment, the day following the expiration of one month from the date of employment shall be the eighttieth day of the full year in accordance with the Labor Contract Law. The provisions of Article 2 pay workers twice a month's wages, and they are deemed to have entered into non-fixed-term labor contracts with laborers on the day when they have been employed for one year from the date of employment. They should immediately make up written labor contracts with workers.
Article 8 The employee roster prescribed in Article 7 of the Labor Contract Law shall include the name, gender, citizenship number, address of the household register, current address, contact information, employment form, starting time of employment, and duration of the labor contract.
Article 9 The starting time for continuous work of 10 years as stipulated in the second paragraph of Article 14 of the Labor Contract Law shall be counted from the date of employment of the employing unit, including the working period before the implementation of the Labor Contract Law.
Article 10 If the laborer is not assigned to the new employing unit from the original employing unit due to his/her own reasons, the working age of the original employing unit shall be combined into the working period of the new employing unit. Where the original employing unit has already paid economic compensation to the laborer, the new employing unit will not calculate the working period of the original employing unit when the new employing unit calculates and pays for economic compensation during the period when the labor contract is lifted or terminated according to law.
Article 11 In addition to the case in which the laborer and the employing entity agree by agreement, if the laborer proposes to conclude a labor contract without a fixed term in accordance with the provisions of Article 14 (2) of the Labor Contract Law, the employing entity shall conclude an unfixed term of labor with it. contract. The content of the labor contract shall be negotiated between the two parties in accordance with the principles of legality, fairness, equality, voluntariness, consensus, and good faith; content that is inconsistent with the negotiation shall be implemented in accordance with Article 18 of the Labor Contract Law.
Article 12 The local people's governments at various levels and the relevant departments of the local people's governments at or above the county level provide non-fixed-term labor for the public-welfare positions that provide job subsidies and social insurance subsidies for people who have difficulties in relocating jobs. The provisions of the contract and the payment of economic compensation provisions.
Article 13 Employing units and workers may not stipulate the termination conditions of other labor contracts beyond the termination of the labor contract stipulated in Article 44 of the Labor Contract Law.
Article 14 Where the place of performance of the labor contract is inconsistent with the place of registration of the employing unit, the minimum wage standards, labor protection, labor conditions, protection of occupational hazards, and the average monthly wage standard for employees in the area in the previous year shall be performed in accordance with the labor contract. The relevant provisions of the land are enforced; the relevant standards for the place of registration of the employing unit are higher than the relevant standards for the place where the labor contract is performed, and if the employing unit and the employee agree to execute according to the relevant provisions of the place where the employing unit has registered, the agreement shall prevail.
Article 15 The wage of the laborer during the probation period shall not be less than 80% of the minimum wage of the same position in the same unit or not less than 80% of the wage agreed in the labor contract, and may not be lower than the minimum wage standard of the place where the employing unit is located.
Article 16 The training fees stipulated in the second paragraph of Article 22 of the Labor Contract Law include the training fees paid by the employing unit for the professional training of the laborers, the travel expenses during the training period, and the expenses incurred by the training. Other direct costs for the worker.
Article 17 When the labor contract expires, but the employer and the employee have not expired the service period stipulated in Article 22 of the Labor Contract Law, the labor contract shall be renewed until the expiration of the service; otherwise agreed by both parties, From its agreement.
Chapter 3 Release 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, a laborer may revoke a fixed-term labor contract, an unfixed-term labor contract, or a labor contract with a time limit for completing certain work tasks with the employing unit:
(1) The agreement between the laborer and the employer;
(2) The laborer informs the employer in written form 30 days in advance;
(3) The laborer informs the employer within 3 days in advance of the probation period;
(4) The employer fails to provide labor protection or labor conditions as stipulated in the labor contract;
(5) The employer fails to pay the full amount of labor compensation in time;
(6) The employer fails to pay social insurance premiums for workers according to law;
(7) The rules and regulations of employers violate laws and regulations and damage the rights and interests of workers;
(8) The employer employs fraudulent or coercive means or the danger of human beings to cause the laborer to conclude or change the labor contract in violation of the true meaning;
(9) employers exempt themselves from their statutory responsibilities in labor contracts and exclude workers' rights;
(10) The employing unit violates the mandatory provisions of laws and administrative regulations;
(11) The employing unit forced laborers to work by means of violence, threats or illegal restrictions on personal freedom;
(12) The employing unit violates the regulations and instructs risky operations to endanger the personal safety of the workers;
(13) Laws and administrative regulations stipulate that laborers may terminate the labor contract in other situations.
Article 19 Under any of the following circumstances, according to the conditions and procedures stipulated in the Labor Contract Law, an employer may revoke a fixed-term labor contract, a labor contract without a fixed-term contract, or a labor contract with a certain working task as a deadline:
(1) The employer and the laborer agree on the agreement;
(b) The laborer was found not to meet the conditions for employment during the trial period;
(3) The worker seriously violates the rules and regulations of the employing unit;
(4) Workers are seriously negligent in their duties, committing malpractices for personal gains and causing serious damage to employers;
(5) Laborers who have established labor relations with other employers at the same time have a serious effect on the completion of the work tasks of the employers, or they are rejected by the employer when they refuse to make corrections;
(6) A laborer uses fraud or coercion or a person's danger, and the employing unit concludes or changes the labor contract in violation of the true intention;
(7) The laborer is investigated for criminal responsibility according to law;
(8) If a worker is ill or is not injured due to work, he cannot engage in the original work after the prescribed period of medical treatment expires, nor can he engage in work that is arranged by the employer;
(9) The worker is not qualified for the job and is still unable to perform the job after training or adjusting his position;
(10) Major changes in the objective conditions on which the labor contract was concluded resulted in the inability of the labor contract to be fulfilled, and the agreement between the employer and the laborer failed to reach agreement on the change of the labor contract;
(11) The employing unit reorganizes in accordance with the bankruptcy law of the enterprise;
(12) Serious difficulties occur in the production and operation of employers;
(13) If an enterprise changes its production, makes major technological innovations, or adjusts its operating methods, it must still lay off its personnel after changing the labor contract;
(14) Other major changes in the objective economic conditions on which the labor contract was based have caused the labor contract to fail to perform.
Article 20 In accordance with Article 40 of the Labor Contract Law, the employing unit chooses to pay the laborer one month's wage to terminate the labor contract, and the additional wage to be paid shall be determined according to the laborer's salary standard for the previous month.
Article 21 When a worker reaches the legal retirement age, the labor contract is terminated.
Article 22 If a labor contract that has completed a certain work task as a deadline expires because of the completion of the task, the employing unit shall pay the laborer economic compensation in accordance with Article 47 of the Labor Contract Law.
Article 23 If an employing unit terminates the labor contract of an injured employee in accordance with the law, in addition to paying financial compensation in accordance with the provisions of Article 47 of the Labor Contract Law, it shall also pay a one-time medical injury allowance in accordance with the State’s regulations on work-related injury insurance. Disability employment grant.
Article 24 The certificate issued by an employing unit for the termination or termination of a labor contract shall specify the time limit of the labor contract, the date of the termination or termination of the labor contract, the position of the job, and the number of years of service in the entity.
Article 25 Where an employing unit cancels or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays the compensation in accordance with Article 87 of the Labor Contract Law, it shall no longer pay economic compensation. The calculation period of compensation is calculated from the date of employment.
Article 26: The employing unit and the laborer have agreed on the service period. If the laborer terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it is not an agreement that violates the service period. The employing unit must not require the laborer to pay the breach of contract. .
Under any of the following circumstances, if the employer and the employee cancel the labor contract for the service period, the laborer shall pay the breaching contract to the employer according to the contract of the labor contract:
(1) The worker seriously violates the rules and regulations of the employing unit;
(2) The worker is seriously negligent of his duties and engages in malpractices for personal gains, causing serious damage to the employer;
(3) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or is raised by the employer and refuses to make corrections;
(4) The laborer uses fraudulent or coercive means or takes the danger of the person, and the employing unit concludes or changes the labor contract in violation of the true meaning;
(5) The laborer is investigated for criminal responsibility according to law.
Article 27 The monthly salary of economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated on the basis of the wages payable by the laborers, including hourly wages or piece-rate wages and monetary income such as bonuses, allowances and subsidies. If the average wage of a laborer in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked less than 12 months, the average salary will be calculated according to the actual work months.
Chapter IV Special Provisions on Labor Dispatch
Article 28 Where a labor service dispatched by a employing unit or a unit established by the employing unit or a partnership unit dispatches a laborer to its own unit or affiliated unit, it belongs to a labor dispatching unit that may not be established under 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 lawful rights and interests of the dispatched laborers.
Article 30 A labor dispatching unit may not recruit employed workers in the form of non-full-time employment.
Article 31 The economic compensation for the labor dispatching unit or the dispatched laborer who terminates or terminates the labor contract according to law shall be implemented in accordance with 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 laborer, it shall be implemented in accordance with Article 48 of the Labor Contract Law.
Chapter V Legal responsibilities
Article 33 Where an employing unit violates the Labor Contract Law in relation to the establishment of a roster of employees, the labor administrative department shall order it to make corrections within a time limit. If the employer fails to correct it within the prescribed time limit, the labor administrative department shall impose a fine ranging from 2,000 yuan to 20,000 yuan.
Article 34 Where an employing unit shall pay workers twice as much as their monthly wages in accordance with the provisions of the Labor Contract Law or if they must pay compensation to the workers without paying them, the labor administrative department shall order the employing units to pay.
Article 35 Where an employing unit violates the Labor Contract Law and this Regulations stipulates the dispatch of labor service, the labor administrative department and other relevant competent authorities shall order it to make corrections; if the circumstances are serious, the dispatched laborer shall be 1,000 to 5,000 yuan each. The standard imposes fines; if damage is caused to dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for damages.
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 department of the local people's government at or above the county level in accordance with the provisions of the Regulations on Labor Security Supervision.
Article 37 In the event of a dispute between the laborer and the employing unit concerning the conclusion, performance, modification, dissolution or termination of the labor contract, it shall be handled in accordance with the provisions of the "Law of the People's Republic of China on Labor Dispute Mediation and Arbitration."
Article 38 This Regulation shall come into force on the day of promulgation