中华人民共和国劳动法官方英文版
❶ 中华人民共和国劳动合同法
法律分析：
中华人民共和国劳动法； 中华人民共和国劳动合同法；中华人民共和国劳动争议调解仲裁法； 中华人民共和国公务员法； 中华人民共和国祥消社会保险法。
法律依据：
《中华人民共和国劳动争议调解仲裁法》
第一条 为了公正及时解决劳动争议，保护当事人合法权益，促进劳动关系和谐稳定，制定本法。
第二条 中华人民共和国境内的用人单位与劳动者发生的下列劳动争议，适用本法：
（一）因确认劳动关系发生的争议；
（二）因订立、履行、变更、解除和终止劳动合同发生的争议；
（三）因除名、辞退和辞职、离职发生的争议；
（四）因工作时间、休息休假、社会保险、福利、培训以及劳动保护发生的争议；
（五）因劳动报酬、工伤医疗费、经济补偿或者赔偿金等森仿发生的争谨春知议；
（六）法律、法规规定的其他劳动争议。
第三条 解决劳动争议，应当根据事实，遵循合法、公正、及时、着重调解的原则，依法保护当事人的合法权益。
第四条 发生劳动争议，劳动者可以与用人单位协商，也可以请工会或者第三方共同与用人单位协商，达成和解协议。
❷ 中国劳动法
中华人民共和国劳动法
(1994年7月5日第八届全国人民代表大会常务委员会第八次会议通过 1994年7月5日中华人民共和国主席令第二十八号公布 自1995年1月1日起施行 已于2009年8月27日经第十一届全国人民代表大会常务委员会第十次会议通过《全国人民代表大会常务委员会关于修改部分法律的决定》修订 自公布之日起施行)
目录
第一章 总则
第二章 促进就业
第三章 劳动合同和集体合同
第四章 工作时间和休息休假
第五章 工资
第六章 劳动安全卫生
第七章 女职工和未成年工特殊保护
第八章 职业培训
第九章 社会保险和福利
第十章 劳动争议
第十一章 监督检查
第十二章 法律责任
第十三章 附则
第一章总 则
❸ 劳动法全称
前者全称是《中华人民共和国劳动合同法》,后者全称是《中华人民共和国劳动法》,在立法层次上,同为法律,在企业和劳动者中容易把劳动法称为劳动法,把劳动合同法称为新劳动法。
中华人民共和国劳动法》是为了保护劳动者的合法权益，调整劳动关系，建立和维护适应社会主义市场经济的劳动制度，促进经济发展和社会进步，根据宪法，制定本法。
1994年7月5日第八届全国人民代表大会常务委员会第八次会议通过。根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正。根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国劳动法〉等七部法律的决定》第二次修正。
资料拓展：
第一章总则
第一条为了保护劳动者的合法权益，调整劳动关系，建立和维护适应社会主义市场经济的劳动制度，促进经济发展和社会进步，根据宪法，制定本法。
第二条在中华人民共和国境内的企业、个体经济组织（以下统称用人单位）和与之形成劳动关系的劳动者，适用本法。
国家机关、事业组织、社会团体和与之建立劳动合同关系的劳动者，依照本法执行。
第三条劳动者享有平等就业和选择职业的权利、取得劳动报酬的权利、休息休假的权利、获得劳动安全卫生保护的权利、接受职业技能培训的权利、享受社会保险和福利的权利、提请劳动争议处理的权利以及法律规定的其他劳动权利。
劳动者应当完成劳动任务，提高职业技能，执行劳动安全卫生规程，遵守劳动纪律和职业道德。
第四条用人单位应当依法建立和完善规章制度，保障劳动者享有劳动权利和履行劳动义务。
❹ 中国劳动法的官方英文版本
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)
❺ 劳动法全称
法律分析：全称是《中华人民共和国劳动法》，该法律是为了保护劳动者的合法权益，调整劳动关系，建立和维护适应社会主义市场经济的劳动制度，促进经济发展和社会进步，根据宪法，制定出来的。
法律依据：《中华人民共和国劳动法》
第一条 为了保护劳动者的合法权益，调整劳动关系，建立和维护适应社会主义市场经济的劳动制度，促进经济发展和社会进步，根据宪法，制定本法。
第二条 在中华人民共和国境内的企业、个体经济组织（以下统称用人单位）和与之形成劳动关系的劳动者，适用本法。
国家机关、事业组织、社会团体和与之建立劳动合同关系的劳动者，依照本法执行。
❻ 大家有新劳动法的英文版本吗
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.
❼ 中华人民共和国劳动法的英文怎么说
中华人民共和国劳动法
Labor Law of the People's Republic of China
❽ 谁有完整的劳动合同英文版本啊
Labour Contract
Employer:
Legal Representative:
Position: President
Address: Post code:
Employee:
Name: Gender:
Address: Nationality:
ID Card No.:
Date of Birth:
Ecation Degree:
This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in accordance with the Labour Law of People's Republic of China."
1.Term of the Contract:
The term of this contract is for _____ years and shall commence on
_____,_____, and shall continue until _____,_____, unless earlier terminated pursuant to this Contract. The Employee shall undergo a probationary period of ___months.
2.Job Description:
The Employer agrees to employ Mr./Ms.________(name) as ________(job title) in ________Department, located in ________(office location and city).
3. Remuneration of Labour
a.The salary of the Employee shall bemonthly paid by the Employer in accordance with applicable laws and regulations of P.R.C. It shall be paid by legal tender and not less than the standard minimum salary in Tianjin.
b. The salary of the Employee is RMB$______ per month in the probationary period and RMB$ _____ after the probationary period.
c. If the delay or default of salary takes place, the Employer shall pay the economic compensation except the salary itself in accordance with the relevant laws and regulations.
4.Working Hours & Rest & Vocation
a.The normal working hours of the Employee shall be eight hours each day, excluding meals and rest for an average of five days per week, for an average of forty hours per week.
b.The Employee is entitled to all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the PRC and the company 's work rules.
c. The Employer may extend working hours e to the requirements of its
proction or business after consultation with the trade union and the Employee ,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. However, the total extension in a month shall not exceed thirty-six hours.
5.Social Security & Welfare
a.The Employer will pay for all mandatory social security programs such pension insurance, unemployment insurance, medical insurance of the Employee according to the relevant government and city regulations.
b.During the period of the Contract, the Employee’s welfare shall be implemented accordance with the laws and relevant regulations of P.R.C.
6.Working Protection & Working Conditions
a.The Employer should provide the Employee with occupational safety and health conditions conforming to the provisions of the State and necessary articles of labor protection to guarantee the safety and health ring the working process.
b.The Employer should provide the Employee with safety ecation and technique training; The Employee to be engaged in specialized operations should receive specialized training and acquire qualifications for such special operations.
c. The Employee should strictly abide by the rules of safe operation in the process of their work.
7.Labour Discipline
a.The Employer may draft bylaws and labour disciplines of the Company, According to which, the Employer shall have the right to give rewards or take disciplinary actions to the Employee; b.The Employee shall comply with the management directions of the Employer and obey the bylaws and labour disciplines of the Employer.
c.The Employee shall undertake the obligation to keep and not to disclose the trade secret for the Employer ring the period of this Contract; This obligation of confidentiality shall survive the termination of this Contract for a period of two (2) years.
8.Termination, Modification, Renew and Discharge of the Contract
a. The relevant clauses of the Contract may be modified by the parties:
i.The specific clause is required to be modified by the parties through
consultation;
ii.Due to the force majeure, the Contract can not be executed;
iii.The relevant laws and regulations have been modified or abolished by the time of signing the Contract.
b.The Contract may be automatically terminated:
i) This Contract is not renewed at the expiration of this Contract;
ii) The Employer is legally announced to be bankruptcy, dismissed, or canceled;
iii)The death of the Employee occurs;
iv) The force majeure takes place;
v)The conditions of termination agreed in the Contract by the parties arise.
c.The Contract may be renewed at the expiration through consultation by the parties with the fulfillment of the procere within 15 days to the expiration;
d. The Contract may be discharged through consultation by the parties;
e.The Contract may be discharged by the Employer with immediate effect and the Employee will not be compensated:
i.The Employee does not meet the job requirements ring the probationaryperiod;
ii.The Employee seriously violates disciplines or bylaws of the Employer;
iii.The Employee seriously neglects his ty, engages in malpractice for selfish ends and brings significant loss to the Employer;
iv.The Employee is being punished by physical labour for its misfeasance
v.The Employee is being charged with criminal offences:
f.The Contract may be terminated by the Employer by giving notice in written form 30(thirty) days in advance:
i.The Employee fails ill or is injured to (other than e to work) and after completion of medical treatment, is not able to perform his previous function or any other function the Employer assigns to him;
ii.The Employee does not show satisfactory performance and after training and adjusting measures is still not able to perform satisfactorily;
iii.The circumstances have materially changed from the date this Contract was signed to the extent that it is impossible to execute the Contract provided, however, that the parties cannot reach an agreement to amend the contract to reflect the changed circumstances.
iv.The Employer is being consolidated in the legal consolidation period on the brink of bankruptcy or the situation of business is seriously in trouble, under such condition, it is required to rece the emplouee.(in legal procere)
g.The Employee shall not be dismissed :
i. The Contract has neither expired nor conformed to 8.d,8.e,8.f,8.g;
ii.The Employee is ill with occupational disease or injured e to work and has been authenticated fully or partly disabled by the Labour Authentication Commission in Baodi County, Tianjin.
iii. The Employee is ill or injured (other than e to work) and is within the period of medical leave provided for by applicable PRC law and regulations and Company policy;
iv.The Employee is woman who is pregnant, on maternity leave, or nursing a baby under one year of age; or
iii.The applicable PRC laws and regulations otherwise prohibit the termination of this Contract.
h.The Contract may be dicharged by the Employee by giving notice in written form 30(thirty) days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions:
i.The Employee is still in the probationary period;
ii.The Employer force the Employee to work by violence, ress or illegal restriction to physical freedom;
iii. The Employer does not pay the remuneration of the Employee accordance with the relevant clause in the Contract;
iv.The Employer violates the relevant regulations of State or Tianjin for its terrible safe and health condition, which is harmful to the Employee’s health.
I.The Contract can not be terminated by the Employee before the expiration if not conforming to 8.d, 8.h,
j. The Employer shall pay the economic compensation to the Employer if the Contract is terminated conforming to 8.d,8.f,8.h.i-8.h.iv. Additional fee for medical allowance should be paid to the Employee if the Contract is terminated conforming to 8.f.i.
9.Breach Liabilities
a. Due to either party’s fault, if breaching the Contract, that party shall undertake the breach liability according to the extent to the performance of the Contract; if the parties both breach the Contract, they shall undertake its separate liability according to the concrete situation.
b. Due to either party’s fault, if breaching the Contract to damage the other party. The damage should be compensated by the faulty party accordance with the relevant laws and regulations of PRC.
c.Due to the force majeure, causing the non-performance or the damages to either party, the other party may not undertake the breach liability;
c.The Employee wants to resign and has received training provided by the Employer, the Employee shall compensate for the training cost. The method of compensation should be fixed according to the relevant company regulations as follows:
The Employee shall compensate RMB_______ within ___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within ___year(s) in the Company if the Contract is terminated by the Employee at his cause;
The Employee shall compensate RMB_______ within ___year(s) in the Company if the Contract is terminated by the Employee at his cause;
10.Labor Disputes
Where a labor dispute between the parties takes place ring the performance of this Contract, the parties concerned may seek for a settlement through consultation; or either party may apply to the labor dispute mediation committee of their unit for mediation; if the mediation fails and one of the parties requests for arbitration, that party may apply to the labor dispute arbitration committee for arbitration. Either party may also directly apply to the labor dispute arbitration committee for arbitration within 60 days starting from the date of the occurrence of a labor dispute. If one of the parties is not satisfied with the adjudication of arbitration, the party may bring the case to a people's court within 15 days of the date of receiving the ruling of arbitration
11.The verification of this Contract shall be made in Baodi Labour Bureau, Tianjin within 30 days after being signed by the parties.
Employer: (official stamp) Employee:
Representative :
Address: Address:
Date: July ,2003
It’s verified herein that the Contract conforms to the relevant laws and regulations through examination and review.
Authority；
Clerk:
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