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Regulations on the Implementation of the Labor Contract Law of the People's Republic of China
Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of implementing the Labor Contract Law of the People's Republic of China (hereinafter referred to as the Labor Contract Law).
Article 2 The people's governments at all levels and the labor administrative departments and other relevant departments of the people's governments at or above the county level, as well as trade unions and other organizations, shall adopt various measures such as propaganda and education to promote the implementation of the Labor Contract Law and promote the harmony of labor relations.
Article 3 The labor relationship referred to in the Labor Contract Law refers to the employer's recruitment of laborers as its members. Under the management of the employer, the laborer provides the rights and obligations arising from the labor paid by the employer.
Article 4 An accounting firm, a law firm, a foundation, etc. established according to law shall be an employer as stipulated in the first paragraph of Article 2 of the Labor Contract Law.
Chapter II Conclusion and Performance of Labor Contracts Article 5 From the date of conclusion of the labor contract to the date of employment, the employer and the laborer have not yet established a labor relationship, and both parties may terminate the labor contract according to law and assume the liability for breach of contract agreed upon by both parties. There is no need to bear the responsibility of the medical expenses of the workers, and there is no need to pay economic compensation to the workers.
Article 6 If a worker refuses to sign a written labor contract within one month from the date of employment, the employer may notify the laborer to terminate the labor relationship in writing three days in advance, without paying economic compensation to the laborer.
Article 7 If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, the employer shall not conclude the written labor with the employee in accordance with the first paragraph of Article 82 of the Labor Contract Law. The contract shall be executed to the employee to pay 2 times the monthly salary, and the written labor contract shall be supplemented with the laborer. If the laborer refuses to make up the written labor contract, the employer may terminate the labor relationship and pay economic compensation to the laborer according to the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Article 8 The â€œemployee rosterâ€ stipulated in Article 7 of the Labor Contract Law shall include the name, gender, citizenship number, household registration address and current address, employment method, and term of the labor contract.
Article 9 The term "continuous work for ten years" in the first paragraph of the second paragraph of Article 14 of the Labor Contract Law shall be calculated from the date of employment of the employer, including the labor time before the implementation of the Labor Contract Law.
Due to non-worker reasons such as administrative orders and business transfer, if the laborer transfers to a new employer and re-enters the labor contract, the laborer shall combine the working years of the original employer into the working years of the new employer.
Article 10 If an employer fails to conclude a written labor contract at the beginning of employment, and then completes the labor contract, the term of the labor contract shall be calculated from the date of employment. If the probation period is stipulated in the Labor Contract Law, the probation period shall be calculated from the date of employment.
Article 11 In the fixed-term labor contract, if the contract is automatically renewed after the expiration of the contract and is actually renewed, it shall be deemed to be a renewal of the fixed-term labor contract. If it is in conformity with Article 14 of the Labor Contract Law regarding the establishment of a labor contract without a fixed term, it shall conclude a labor contract without a fixed term.
Article 12 If the labor contract expires, the employee shall be renewed due to one of the following circumstances. If the employee has worked continuously for 10 years in the employer and the laborer proposes to conclude a labor contract without a fixed term, the employer shall Laborers enter into labor contracts without fixed term:
(1) Workers engaged in occupational disease hazards have not conducted occupational health checks before leaving their posts, or patients with suspected occupational diseases during diagnosis or medical observation;
(2) Being sick or not injured by work, within the prescribed medical period;
(3) Female workers during pregnancy, childbirth, and lactation.
Article 13 If the employment contract is terminated or expired, the employer fails to pay the economic compensation according to law, or fails to go through the formalities of termination or termination of the labor contract and handles the handover procedures, and continues to use the laborer as if it is to renew the fixed-term labor. contract. If it is in conformity with Article 14 of the Labor Contract Law regarding the establishment of a labor contract without a fixed term, it shall conclude a labor contract without a fixed term.
Article 14 When an employer and a laborer enter into a non-fixed-term labor contract in accordance with the provisions of the second paragraph of Article 14 of the Labor Contract Law, the content of the labor contract other than the term of the labor contract shall be determined in accordance with the principle of fairness and reasonableness.
Article 15: Local public governments at all levels and relevant departments shall provide job subsidies and social insurance subsidies for the employment of people with difficulties in resettlement, and their labor contracts shall not apply to the provisions of the Labor Contract Law concerning non-fixed-term labor contracts and payment. Provisions for economic compensation.
Article 16 The "laws and regulations stipulated in the Labor Contract Law shall be included in other matters of the labor contract", excluding the "labor discipline" and "labor contract" as stipulated in Article 19 of the Labor Law of the People's Republic of China. Conditions of termination" and "responsibility for breach of labor contract".
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