勞動法司法解釋英文
❶ 大家有新勞動法的英文版本嗎
Labor Law of People's Republic of China
LABOR LAW OF PEOPLE』 S REPUBLIC OF CHINA
Promulgated on July 5 1994
Table of Contents
CHAPTER I. GENERAL PROVISIONS (Sections 1-9)
CHAPTER II. PROMOTION OF EMPLOYMENT (Sections 10-15 )
CHAPTER III. LABOR CONTRACTS AND COLLECTIVE CONTRACTS (Sections 16-35 )
CHAPTER IV. WORKING HOURS, REST AND VACATIONS (Sections 36-45)
CHAPTER V. WAGES (Sections 46-51 )
CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH (Sections 52-57 )
CHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS (Sections 58-65 )
CHAPTER VIII. VOCATIONAL TRAINING (Sections 66-69 )
CHAPTER IX. SOCIAL INSURANCE AND WELFARE (Sections 70-76)
CHAPTER X. LABOR DISPUTES (Sections 77-84 )
CHAPTER XI. SUPERVISION AND INSPECTION (Sections 85-88)
CHAPTER XII. LEGAL RESPONSIBILITY (Sections 89-105 )
CHAPTER XIII. SUPPLEMENTARY PROVISIONS (Sections 106-107 )
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CHAPTER I. GENERAL PROVISIONS
Section 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationship, establish and safeguard a labor system suited to the socialist market economy, and promote economic development and social progress.
Section 2. This Law applies to all enterprises and indivial economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and laborers who form a labor relationship therewith.
State organs, institutional organizations and societies as well as laborers who form a labor contract relationship therewith shall follow this Law.
Section 3. Laborers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labor, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labor disputes, and other rights relating to labor as stipulated by law.
Laborers shall fulfil their labor tasks , improve their vocational skills, follow rules on occupational safety and health, and observe labor discipline and professional ethics.
Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that laborers enjoy the right to work and fulfil labor obligations.
Section 5. The State shall take various measures to promote employment, develop vocational ecation, lay down labor standards, regulate social incomes, perfect social insurance system, coordinate labor relationship, and graally raise the living standard of laborers.
Section 6. The State shall advocate the participation of laborers in social voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by laborers, as well as their inventions and creations; and commend and award labor models and advanced workers.
Section 7. Laborers shall have the right to participate in and organize trade unions in accordance with the law.
Trade Unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conct their activities in accordance with the law.
Section 8. Laborers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of laborers.
Section 9. The labor administrative department of the State Council shall be in charge of the management of labor of the whole country.
The labor administrative departments of the local people's governments at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdiction.
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CHAPTER II. PROMOTION OF EMPLOYMENT
Section 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.
The State shall encourage enterprises, institutional organizations, and societies to initiate instries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.
The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in indivial businesses.
Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introction agencies and provide employment services.
Section 12. Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.
Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.
Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.
Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.
Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory ecation.
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CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTS
Section 16. A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition of the rights, interests and obligations of each party.
A labor contract shall be concluded where a labor relationship is to be established.
Section 17. Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.
A labor contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labor contract.
Section 18. The following labor contracts shall be invalid:
(1) labor contracts concluded in violation of laws, administrative rules and regulations; and
(2) labor contracts concluded by resorting to such measures as cheating and intimidation.
An invalid labor contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.
The invalidity of a labor contract shall be confirmed by a labor dispute arbitration committee or a people's court.
Section 19. A labor contract shall be concluded in written form and contain the following clauses:
(1) term of labor contract;
(2) contracts of work;
(3) labor protection and working conditions;
(4) labor remuneration;
(5) labor disciplines;
(6) conditions for the termination of a labor contract; and
(7) responsibility for the violation of a labor contract.
Apart from the required clauses specified in the preceding paragraph, other contents in a labor contract may be agreed upon through consultation by the parties involved.
Section 20. The term of a labor contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.
In case a laborer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labor contract, a labor contract with a flexible term shall be concluded between them if the laborer so requested.
Section 21. A probation period may be agreed upon in a labor contract. The longest probation period shall not exceed six months.
Section 22. The parties involved in a labor contract may reach an agreement in their labor contract on matters concerning keeping the commercial secrets of the employing unit.
Section 23. A labor contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labor contract as agreed upon by the parties involved.
Section 24. A labor contract may be revoked upon agreement reached between the parties involved through consultation.
Section 25. The employing unit may revoke the labor contract with a laborer in any of the following circumstances:
(1) to be proved not up to the requirements for recruitment ring the probation period;
(2) to seriously violate labor disciplines or the rules and regulations of the employing unit;
(3) to cause great losses to the employing unit e to serious dereliction of ty or engagement in malpractice for selfish ends; and
(4) to be investigated for criminal responsibilities in accordance with the law.
Section 26. In any of the following circumstances, the employing unit may revoke a labor contract but a written notification shall be given to the laborer 30 days in advance;
(1) where a laborer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;
(2) when a laborer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and
(3) no agreement on modification of the labor contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labor contract can no longer be carried out.
Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in proction and management, and if rection of its personnel becomes really necessary, the unit may make such rection after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labor administrative department.
Where the employing unit is to recruit personnel six months after the personnel rection effected according to the stipulations of this section, the reced personnel shall have the priority to be re-employed.
Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labor contracts according to the stipulations in section 24, section 26 and section 27 of this Law.
Section 29. The employing unit shall not revoke its labor contract with a laborer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work e to occupational diseases or injuries suffered at work;
(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;
(3) to be a female staff member or worker ring pregnant, puerperal, or breast-feeding period; or
(4) other circumstances stipulated by laws, administrative rules and regulations.
Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labor contract by the unit. If the employing unit violates laws, rules and regulations or labor contracts, the trade union shall have the right to request for reconsideration. Where the laborer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.
Section 31. A laborer who intends to revoke his labor contract shall give a written notice to the employing unit 30 days in advance.
Section 32. A laborer may notify at any time the employing unit of his decision to revoke the labor contract in any of the following circumstances:
(1) within the probation period;
(2) where the employing unit forces the laborer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or
(3) failure on the part of the employing unit to pay labor remuneration or to provide working conditions as agreed upon in the labor contract.
Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labor remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.
A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.
Section 34. A collective contract shall be submitted to the labor administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labor administrative department within 15 days from the date of the receipt of a of the contract.
Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labor payments agreed upon in labor contracts concluded between indivial laborers and the enterprise shall not be lower than those as stipulated in collective contracts.
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CHAPTER IV. WORKING HOURS, REST AND VACATIONS
Section 36. The State shall practice a working hour system under which laborers shall work for no more than eight hours a day and or more than 44 hours a week on average.
Section 37. In case of laborers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.
Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.
Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law e to its special proction nature, it may adopt other rules on working hours and rest with the approval of the labor administrative department.
Section 40. The employing unit shall arrange holidays for laborers in accordance with the law ring the following festivals:
(1) the New Year's Day;
(2) the Spring Festival;
(3) the International Labor Day;
(4) the National Day; and
(5) other holidays stipulated by laws and regulations.
Section 41. The employing unit may extend working hours e to the requirements of its proction or business after consultation with the trade union and laborers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for e to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of laborers is guaranteed. However, the total extension in a month shall not exceed 36 hours.
Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:
(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of laborers;
(2) where prompt rush repair is needed in the event of breakdown of proction equipment, transportation, lines or public facilities that affects proction and public interests; and
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Section 43. The employing unit shall not extend working hours of laborers in violation of the provisions of this Law.
Section 44. The employing unit shall, according to the following standards, pay laborers remunerations higher than those for normal working hours under any of the following circumstances;
(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;
(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and
(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.
Section 45. The State shall practice a system of annual vacation with pay.
Laborers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.
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CHAPTER V. WAGES
Section 46. The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.
The level of wages shall be graally raised on the basis of economic development. The State shall exercise macro-regulations and control over the total wages.
Section 47. The employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its proction and business and economic results.
Section 48. The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record.
Wages paid to laborers by the employing unit shall not be lower than the local standards on minimum wages.
Section 49. The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner:
(1) the lowest living expenses of laborers themselves and the average family members they support;
(2) the average wage level of the society as a whole;
(3) labor proctivity;
(4) the situation of employment; and
(5) the different levels of economic development between regions.
Section 50. Wages shall be paid monthly to laborers themselves in form of currency. The wages paid to laborers shall not be dected or delayed without justification.
Section 51. The employing unit shall pay wages to laborers who observe statutory holidays, take leaves ring the periods of marriage or funeral, or participate in social activities in accordance with the law.
❷ 中華人民共和國勞動法的英文怎麼說
中華人民共和國勞動法
Labor Law of the People's Republic of China
❸ 勞動法方面的英文參考文獻
1、Joseph Mc Guire,Business and Society,New York:McGraw-Hill,1963
2、 James .Brummer,Coporate Responsibility and Lgitimacy,Greenwood Press,1991
3、tames E.post,William C.Frederick,Anne T.Lawrence & James Weber,Business and society: Corporate Strategy Public Policy, Ethics (Eightth edition) , McGraw-Hill, 1966
4、M.Firedman,The Social Responsibility of Business Is to Increase Its profits[J].New York Times Magazine,Sep,13,1970.
5、Oliver Sheldon, The Philosophy of Management(1924)
6、美E·博登海默著 《法理學——法律哲學與法律方法》 鄧正來譯 中國政法大學出版社1999年版
朋友，您看看這些行不？
❹ 「國務院法制辦負責人就《勞動法》答記者問」怎麼用英文翻譯
國務院法制辦負責人就《勞動法》答記者問。
英文翻譯：The head of the Legislative Affairs Office of the State Council answered a reporter's question on the labor law.
重點詞彙釋義：專
國務院：the Sate Council;the State Department;State Department
法制屬：legality;legal institutions;legal system
負責人：leading official;person in charge;responsible person;the man at the wheel
勞動法：labor code;labour law
答記者問：answer to reporters' request
❺ 求 勞動法相關的英文文獻一篇
Labor law 勞動法
http://www.mol.gov.sa/mol_site/labor_law.pdf
http://www.investmongolia.com/law25.pdf
http://www.wongpartnership.com.sg/newsletter/chinawatch_050207.pdf
http://198.234.41.198/w3/webwh.nsf/Files/MLLPoster.pdf/$FILE/MLLPoster.pdf
http://www.umaine.e/studemp/forms/childlabor.pdf
http://www.law.uiuc.e/publications/cll&pj/pdf/Brochure.pdf
http://www.state.il.us/agency/idol/forms/pdfs/FLSCLL03.pdf
http://www.betterfactories.org/content/documents/1/Guide%20to%20the%20Cambodian%20Labour%20Law%20(en).pdf
http://www.helsinki.fi/iehc2006/papers3/Volodin.pdf
上面的全是勞動法的英文文獻，都是PDF格式的 方便你閱讀哈 看我這么辛苦分就給我吧
❻ 中國勞動法的官方英文版本
Labour Act. Dated 5 July 1994.
(China Daily, 6 July 1994, p. 2.) Table of contents
CHAPTER I. GENERAL PROVISIONS
CHAPTER II. PROMOTION OF EMPLOYMENT
CHAPTER III. LABOUR CONTRACTS AND COLLECTIVE CONTRACTS CHAPTER IV. WORKING HOURS, REST AND VACATIONS
CHAPTER V. WAGES
CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH
CHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS
CHAPTER VIII. VOCATIONAL TRAINING
CHAPTER IX. SOCIAL INSURANCE AND WELFARE
CHAPTER X. LABOUR DISPUTES
CHAPTER XI. SUPERVISION AND INSPECTION
CHAPTER XII. LEGAL RESPONSIBILITY
CHAPTER XIII. SUPPLEMENTARY PROVISIONS
CHAPTER I. GENERAL PROVISIONS
Section 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, readjust labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.
Section 2. This Law applies to all enterprises and indivial economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and labourers who form a labour relationship therewith.
State organs, institutional organizations and societies as well as labourers who form a labour contract relationship therewith shall follow this Law.
Section 3. Labourers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labour, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labour disputes, and other rights relating to labour as stipulated by law.
Labourers shall fulfil their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.
Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.
Section 5. The State shall take various measures to promote employment, develop vocational ecation, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and graally raise the living standard of labourers.
Section 6. The State shall advocate the participation of labourers in social voluntary labour and the development of their labour competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by labourers, as well as their inventions and creations; and commend and award labour models and advanced workers.
Section 7. Labourers shall have the right to participate in and organize trade unions in accordance with the law.
Trade Unions shall represent and safeguard the legitimate rights and interests of labourers, and independently conct their activities in accordance with the law.
Section 8. Labourers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of labourers.
Section 9. The labour administrative department of the State Council shall be in charge of the management of labour of the whole country.
The labour administrative departments of the local people's governments at or above the county level shall be in charge of the management of labour in the administrative areas under their respective jurisdiction.
CHAPTER II. PROMOTION OF EMPLOYMENT
Section 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.
The State shall encourage enterprises, institutional organizations, and societies to initiate instries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.
The State shall support labourers to get jobs by organizing themselves on a voluntary basis or by engaging in indivial businesses.
Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introction agencies and provide employment services.
Section 12. Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.
Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.
Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.
Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.
Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory ecation.
CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTS
Section 16. A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party.
A labour contract shall be concluded where a labour relationship is to be established.
Section 17. Conclusion and modification of a labour contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.
A labour contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labour contract.
Section 18. The following labour contracts shall be invalid:
(1) labour contracts concluded in violation of laws, administrative rules and regulations; and
(2) labour contracts concluded by resorting to such measures as cheating and intimidation.
An invalid labour contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labour contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.
The invalidity of a labour contract shall be confirmed by a labour dispute arbitration committee or a people's court.
Section 19. A labour contract shall be concluded in written form and contain the following clauses:
(1) term of labour contract;
(2) contracts of work;
(3) labour protection and working conditions;
(4) labour remuneration;
(5) labour disciplines;
(6) conditions for the termination of a labour contract; and
(7) responsibility for the violation of a labour contract.
Apart from the required clauses specified in the preceding paragraph, other contents in a labour contract may be agreed upon through consultation by the parties involved.
Section 20. The term of a labour contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.
In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.
Section 21. A probation period may be agreed upon in a labour contract. The longest probation period shall not exceed six months.
Section 22. The parties involved in a labour contract may reach an agreement in their labour contract on matters concerning keeping the commercial secrets of the employing unit.
Section 23. A labour contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labour contract as agreed upon by the parties involved.
Section 24. A labour contract may be revoked upon agreement reached between the parties involved through consultation.
Section 25. The employing unit may revoke the labour contract with a labourer in any of the following circumstances:
(1) to be proved not up to the requirements for recruitment ring the probation period;
(2) to seriously violate labour disciplines or the rules and regulations of the employing unit;
(3) to cause great losses to the employing unit e to serious dereliction of ty or engagement in malpractice for selfish ends; and
(4) to be investigated for criminal responsibilities in accordance with the law.
Section 26. In any of the following circumstances, the employing unit may revoke a labour contract but a written notification shall be given to the labourer 30 days in advance;
(1) where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;
(2) when a labourer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and
(3) no agreement on modification of the labour contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labour contract can no longer be carried out.
Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in proction and management, and if rection of its personnel becomes really necessary, the unit may make such rection after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.
Where the employing unit is to recruit personnel six months after the personnel rection effected according to the stipulations of this section, the reced personnel shall have the priority to be re-employed.
Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labour contracts according to the stipulations in section 24, section 26 and section 27 of this Law.
Section 29. The employing unit shall not revoke its labour contract with a labourer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work e to occupational diseases or injuries suffered at work;
(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;
(3) to be a female staff member or worker ring pregnant, puerperal, or breast-feeding period; or
(4) other circumstances stipulated by laws, administrative rules and regulations.
Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labour contract by the unit. If the employing unit violates laws, rules and regulations or labour contracts, the trade union shall have the right to request for reconsideration. Where the labourer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.
Section 31. A labourer who intends to revoke his labour contract shall give a written notice to the employing unit 30 days in advance.
Section 32. A labourer may notify at any time the employing unit of his decision to revoke the labour contract in any of the following circumstances:
(1) within the probation period;
(2) where the employing unit forces the labourer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or
(3) failure on the part of the employing unit to pay labour remuneration or to provide working conditions as agreed upon in the labour contract.
Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labour remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.
A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.
Section 34. A collective contract shall be submitted to the labour administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labour administrative department within 15 days from the date of the receipt of a of the contract.
Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labour payments agreed upon in labour contracts concluded between indivial labourers and the enterprise shall not be lower than those as stipulated in collective contracts.
CHAPTER IV. WORKING HOURS, REST AND VACATIONS
Section 36. The State shall practice a working hour system under which labourers shall work for no more than eight hours a day and or more than 44 hours a week on average.
Section 37. In case of labourers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.
Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.
Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law e to its special proction nature, it may adopt other rules on working hours and rest with the approval of the labour administrative department.
Section 40. The employing unit shall arrange holidays for labourers in accordance with the law ring the following festivals:
(1) the New Year's Day;
(2) the Spring Festival;
(3) the International Labour Day;
(4) the National Day; and
(5) other holidays stipulated by laws and regulations.
Section 41. The employing unit may extend working hours e to the requirements of its proction or business after consultation with the trade union and labourers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for e to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of labourers is guaranteed. However, the total extension in a month shall not exceed 36 hours.
Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:
(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of labourers;
(2) where prompt rush repair is needed in the event of breakdown of proction equipment, transportation, lines or public facilities that affects proction and public interests; and
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Section 43. The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.
Section 44. The employing unit shall, according to the following standards, pay labourers remunerations higher than those for normal working hours under any of the following circumstances;
(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;
(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and
(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.
Section 45. The State shall practice a system of annual vacation with pay.
Labourers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council. (To be continued)
❼ 中華人民共和國勞動法的英文版在哪裡可以找到
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS
Adopted at the 28th Session of the Standing Committee of the 10th National
People's Congress on June 29, 2007
Effective from January 1, 2008
By Baker
& MCKenzie
CHAPTER 1 GENERAL PROVISIONS
Article 1
This Law has been formulated in order to improve the employment contract
system, to specify the rights and obligations of the parties to employment
contracts, to protect the lawful rights and interests of Employees and to build
and develop harmonious and stable employment relationships.
Article
2
This Law governs the establishment of employment relationships between, and
the conclusion, performance, amendment, termination and ending of employment
contracts by, organizations such as enterprises, indivial economic
organizations and private non-enterprise units in the People』s Republic of China
(「Employers」) on the one hand and Employees in the People』s Republic of China on
the other hand.
The conclusion, performance, amendment, termination and
ending of employment contracts by state authorities, institutions or social
organizations on the one hand and Employees with whom they establish employment
relationships on the other hand, shall be handled pursuant to this
Law.
Article 3
The conclusion of employment contracts shall comply with
the principles of lawfulness, fairness, equality, free will, negotiated
consensus and good faith.
A lawfully concluded employment contract is
binding, and both the Employer and the Employee shall perform their respective
obligations stipulated therein.
Article 4
Employers shall establish and
improve internal rules and regulations, so as to ensure that Employees enjoy
their labor rights and perform their labor obligations.
When an Employer
formulates, revises or decides on rules and regulations, or material matters,
that have a direct bearing on the immediate interests of its Employees, such as
those concerning compensation, work hours, rest, leave, work safety and hygiene,
insurance, benefits, employee training, work discipline or work quota
management, the same shall be discussed by the employee representative congress
or all the employees. The employee representative congress or all the employees,
as the case may be, shall put forward a proposal and comments, whereupon the
matter shall be determined through consultations with the Trade union or
employee representatives concted on a basis of equality.
If, ring the
implementation of an Employer』s rule or regulation or decision on a crucial
matter, the Trade union or an employee is of the opinion that the same is
inappropriate, it or he is entitled to communicate such opinion to the Employer,
and the rule, regulation or decision shall be improved by making amendments
after consultations.
Rules and regulations, and decisions on material
matters, that have a direct bearing on the immediate interests of Employees
shall be made public or be communicated to the Employees by the Employer.
Article 5
The labor administration authorities of People』s Governments at
the county level and above, together with the Trade union and enterprise
representatives, shall establish a comprehensive tri-partite mechanism for the
coordination of employment relationships, in order to jointly study and resolve
major issues concerning employment relationships.
Article 6
A Trade union
shall assist and guide Employees in the conclusion of employment contracts with
their Employer and the performance thereof in accordance with the law, and
establish a collective bargaining mechanism with the Employer in order to
safeguard the lawful rights and interests of Employees.
CHAPTER 2 CONCLUSION
OF EMPLOYMENT CONTRACTS
Article 7
An Employer』s employment relationship
with a Employee is established on the date it starts using the Employee. An
Employer shall keep a register of employees, for reference purposes.
Article
8
When an Employer hires a Employee, it shall truthfully inform him as to the
content of the work, the working conditions, the place of work, occupational
hazards, proction safety conditions, labor compensation and other matters
which the Employee requests to be informed about. The Employer has the right to
learn from the Employee basic information which directly relates to the
employment contract, and the Employee shall truthfully provide the same.
Article 9
When hiring a Employee, an Employer may not retain the
Employee』s resident ID card or other papers, nor may it require him to provide
security or collect property from him under some other guise.
Article
10
To establish an employment relationship, a written employment contract
shall be concluded.
In the event that no written employment contract was
concluded at the time of establishment of an employment relationship, a written
employment contract shall be concluded within one month after the date on which
the Employer starts using the Employee.
Where an Employer and a Employee
conclude an employment contract before the Employer starts using the Employee,
the employment relationship shall be established on the date on which the
Employer starts using the Employee.
Article 11
In the event that an
Employer fails to conclude a written employment contract with a Employee at the
time its starts to use him, and it is not clear what labor compensation was
agreed upon with the Employee, the labor compensation of the new Employee shall
be decided pursuant to the rate specified in the collective contract; where
there is no collective contract or the collective contract is silent on the
matter, equal pay shall be given for equal work.
Article 12
Employment
contracts are divided into fixed-term employment contracts, open-ended
employment contracts and employment contracts to expire upon completion of a
certain job.
Article 13
A 「fixed-term employment contract」 is an
employment contract whose ending date is agreed upon by the Employer and the
Employee.
An Employer and a Employee may conclude a fixed-term employment
contract upon reaching a negotiated consensus.
Article 14
An 「open-ended
employment contract」 is an employment contract for which the Employer and the
Employee have agreed not to stipulate a definite ending date.
An Employer
and a Employee may conclude an open-ended employment contract upon reaching a
negotiated consensus. If a Employee proposes or agrees to renew his employment
contract or to conclude an employment contract in any of the following
circumstances, an open-ended employment contract shall be concluded, unless the
Employee requests the conclusion of a fixed-term employment contract:
(1)
The Employee has been working for the Employer for a consecutive period of not
less than 10 years;
(2) when his Employer introces the employment contract
system or the state owned enterprise that employs him re-concludes its
employment contracts as a result of restructuring, the Employee has been working
for the Employer for a consecutive period of not less than 10 years and is less
than 10 years away from his legal retirement age; or
(3) prior to the
renewal, a fixed-term employment contract was concluded on two consecutive
occasions and the Employee is not characterized by any of the circumstances set
forth in Article 39 and items (1) and (2) of Article 40 hereof.
If an
Employer fails to conclude a written employment contract with a Employee within
one year from the date on which it starts using the Employee, the Employer and
the Employee shall be deemed to have concluded an open-ended employment
contract.
參照：http://www.yuyitrans.com/laborlaw.htm
http://www.24en.com/translate/guide/izhao/2008-03-18/72618.html
❽ 急求！！！！英文版 關於貫徹執行<中華人民共和國勞動法>若干問題的意見
沒聽說過還有英文來版的自。
法律規定，要求措辭很嚴謹的，翻譯成英文很難准確地表達原意，翻譯的人必須了解中國和西方相應國家的法律。
在《勞動法》中「應該」，表達的意思是「必須」。可是在西方國家卻並非如此。所以如果翻譯成英文，肯定就走樣了，必須以中文的願意為依據。
可以找個熟悉勞動政策的專家，將有關條款解釋一下，翻譯在場與專家溝通清楚具體的意思表示後，再翻譯成英文。你所說109號文是1995年的，一共100條，又稱為「一百條」，很多規定都過時了，有些條款對外企沒有用，現成英文版的可能性幾乎為零。
❾ 勞動法的司法解釋
《中華人民共和國勞動法》司法解釋相關文件
勞動部《關於貫徹執行〈中華人民共和國勞動法〉若干問題的意見》
（勞部發〔1995〕309號）1995年8月4日
勞動部《違反和解除勞動合同的經濟補償辦法》
（勞部發〔1994〕481號）（1994年12月3日）
勞動部《違反〈勞動法〉有關勞動合同規定的賠償辦法》
（勞部發〔1995〕223號）(1995年5月10日)
《最高人民法院關於審理勞動爭議案件適用法律若干問題的解釋》
（2001年3月22日通過2001年4月30日起施行法釋〔2001〕14號）
《最高人民法院關於審理勞動爭議案件適用法律若干問題的解釋（二）》
（法釋〔2006〕6號）
《最高人民法院關於人民法院審理事業單位人事爭議案件若干問題的規定》
（2003年6月17日通過2003年9月5日起施行法釋〔2003〕13號）
勞動和社會保障部《關於確立勞動關系有關事項的通知》
勞社部發〔2005〕12號
《最高人民法院關於審理勞動爭議案件適用法律若干問題的解釋（三）》
（2010年7月12日通過，2010年9月14日起施行 法釋〔2010〕12號）
《非法用工單位傷亡人員一次性賠償辦法》
(人力資源和社會保障部令第9號) 2010年12月31日通過2011年1月1日起施行
❿ 翻譯關於中國勞動法的英語段落
隨著工廠數來量的激增及城市化源進程的加快，《中華人民共和國勞動法》已成為一個熱門話題。基本的勞動法規包括1994年5月通過的《中華人民共和國勞動法》及2007年6月29日由第十屆全國人民代表大會常務委員會第二十八次會議通過並於2008年1月起施行的《中華人民共和國勞動合同法》。國務院通過的行政法規，各部門法規及最高人民法院的司法解釋規定了僱傭關系的各項細則。中國工會受我國政府管束，由全國總工會領導。全國總工會是也是大陸唯一合法的工會組織。罷工行為在形式上是合法的，但事實上其受到嚴格禁止。
人工翻譯的，「國務院通過的行政法規，各部門法規」這里不懂原文意思……