2012年中国劳动法中英
⑴ 求劳动合同中英文范本
仅供参考:
全 日 制 劳 动 合 同 Full-time Employment Contract
甲方(用人单位)名称:Name of Party A (Employer):
住所Address:
法定代表人(或主要负责人):Legal Representative (or Principal Responsible Person):
乙方:(劳动者)姓名Name of Party B (Employee):
性别:Sex
居民身份证号:ID Card No:
文化程度:Ecation Background
住址:Address
根据《中华人民共和国劳动法》、《中华人民共和国劳动合同法》等法律、法规、规章的规定,在平等自愿,协商一致的基础上,同意订立本劳动合同,共同遵守本合同所列条款。
The Parties, intending to be bound hereby, agree to enter into this Employment Contract on the basis of equality, free will and mutual consultation pursuant to the Labor Law of the People’s Republic of China (“PRC”), the Employment Contract Law of the PRC and other laws, regulations and rules.
第一条 劳动合同类型及期限
Article 1 Type and Term of the Employment Contract
一、劳动合同类型及期限按下列第 项确定。
1. The type and term of the Employment Contract shall be determined as set forth in Item ___ below:
1、固定期限:自 年 月 日起至 年 月 日止。
(1) Fixed Term: From ____ to ________;
2、无固定期限:自 年 月 日起至法定的解除或终止合同的条件出现时止。
(2) Open-ended: From _______ to the date when a statutory obligation or agreement to terminate the contract arises; or
3、以完成一定工作为期限:自 年 月 日起至 终止。
(3) Project-based: From _____ to the expiration of the term.
二、本合同约定试用期,试用期自 年 月 日起至 年 月 日止。
2. This Contract specifies a probationary period commencing on ________ and ending on _______.
第二条 工作内容、工作地点及要求
Article 2 Job Description, Workplace Location and Work Requirements
乙方从事 工作,工作地点在 。
Party B shall engage in the job of ______, with the workplace located at ____________.
乙方工作应达到以下标准 。
根据甲方工作需要,经甲、乙双方协商同意,可以变更工作岗位、工作地点。
Party B’s work shall meet the following standards: ________. Party B’s job positions and workplace locations may be changed with the Parties’ mutual consent based on Party A’s work needs.
第三条 工作时间和休息休假
Article 3 Working Hours, Rest and Leave Entitlements
一、工作时间按下列第 项确定:
1. The working hours shall be determined as set forth in Item ___ below:
1、实行标准工时制。乙方每日工作时间不超过8小时,每周工作时间不超过40小时,每周至少休息一天。
(1) The normal working hours system shall be implemented. Party B shall work no more than 8 hours a day, and 40 hours a week, and shall have at least one day’s rest each week.
2、实行经劳动保障行政部门批准实行的不定时工作制。
(2) A non-fixed working hours system shall be implemented with the necessary approval from the relevant labor administration authorities.
3、实行经劳动保障行政部门批准实行的综合计算工时工作制。结算周期:按 结算。
(3) A cumulative working hours system shall be implemented with the necessary approval from the relevant labor administration authorities.
二、甲方由于生产经营需要经与工会和乙方协商后可以延长乙方工作时间,一般每日不得超过一小时;因特殊原因需要延长工作时间的,每日不得超过三小时,但每月不得超过三十六小时。甲方依法保证乙方的休息休假权利。
2. Due to its operational needs, Party may extend Party B’s working hours upon consultation with the Trade Union and Party B, provided that the extended working hours for a given day should generally not exceed one hour. If an extension of working hours is necessary for special reasons, the extended working hours for a given day should not exceed three hours, provided that the extended working hours for a month should not exceed 36 hours. Party A shall ensure that Party B will receive their rest and leave entitlements according to the law.
第四条 劳动报酬及支付方式与时间
Article 4 Work Remuneration, Payment Method and Date of Payment.
一、乙方试用期间的月劳动报酬为 元。
1. The monthly remuneration payable to Party B ring the probationary period shall be RMB___________.
二、试用期满后,乙方在法定工作时间内提供正常劳动的月劳动报酬为 元,或根据甲方确定的薪酬制度确定为 。
2. After the expiration of the probationary period, the monthly remuneration for Party B’s performance of his normal labor obligations within statutory working hours shall be RMB_______, or RMB ____ determined under Party A’s remuneration policies.
乙方工资的增减,奖金、津贴、补贴、加班加点工资的发放,以及特殊情况下的工资支付等,均按相关法律法规及甲方依法制定的规章制度执行。甲方支付给乙方的工资不得低于当地最低工资标准。
Party B’s wage increase/decrease, bonuses, allowances and subsidies, and overtime wages, as well as the wage payment in special circumstances, shall be governed by relevant laws and regulations and Party A’s internal rules and policies. The wages paid by Party A to Party B shall not be less than the minimum wage standard stipulated by the people’s government where the employer is located.
三、甲方的工资发放日为每月 日。甲方应当以货币形式按月支付工资,不得拖欠。
3. Party A will pay wages to Party B on the ___th day of each month. Party A shall wages in monetary form on a monthly basis, without delay.
四、乙方在享受法定休假日以及依法参加社会活动期间,甲方应当依法支付工资。
4. During any period when Party B participates in any social activities which citizens are requested to perform for national or public interests, ring statutory working hours, Party A shall pay wages to Party B according to the law.
第五条 社会保险
Article 5 Social Insurance
甲、乙双方必须依法参加社会保险,按月缴纳社会保险费。乙方缴纳部分,由甲方在乙方工资中代为扣缴。
Party a and Party B must participate in social insurance and pay social insurance premiums on a monthly basis in accordance with the law. The amount payable by Party B shall be withheld by Party B from the Party A’s monthly wages.
第六条 劳动保护、劳动条件和职业危害防护
Article 6 Labor Protection, Working Conditions and Protections Against Occupational Hazards
甲乙双方都必须严格执行国家有关安全生产、劳动保护、职业卫生等规定。有职业危害的工种应在合同约定中告知,甲方应为乙方的生产工作提供符合规定的劳动保护设施、劳动防护用品及其他劳动保护条件。乙方应严格遵守各项安全操作规程。甲方必须自觉执行国家有关女职工劳动保护和未成年工特殊保护规定。
The Parties must strictly implement relevant national occupational safety, labor protection and occupational sanitation proceres and standards. Any job exposed to occupational hazards shall be specified in the contract, and Party A shall provide Party B with work safety and hygiene facilities, labor protection equipment and other necessary conditions for Party B’s work activities. Party B must strictly comply with the work disciplines, operating proceres and safety rules set by Party A. Party A must conscientiously carry out relevant provisions formulated by the state for the protection of female and under-aged employees,
第七条 劳动合同变更、解除、终止
Article 7 Modification, Cancellation and Termination the Employment Contract
一、经甲乙双方协商一致,可以变更劳动合同相关内容。变更劳动合同,应当采用书面形式。变更后的劳动合同文本由甲乙双方各执一份。
1. The Parties may modify relevant terms of the Employment Contract where they have agreed to do so through mutual consultation and agreement.
二、经甲乙双方协商一致,可以解除劳动合同。
2. The Parties may terminate the Employment Contract where they have agreed to do so through mutual consultation and agreement.
三、乙方提前三十日以书面形式通知甲方,可以解除劳动合同。乙方在试用期内提前三日通知甲方,可以解除劳动合同。
3. Party B may terminate the Employment Contract with 30 days’ prior written notice to Party A. Party B may terminate the Employment Contract ring the probationary period with 3 days’ written notice to Party A.
四、甲方有下列情形之一的,乙方可以解除劳动合同:
4. Party B may terminate his employment contract under any of the following circumstances involving Party A:
1、未按劳动合同约定提供劳动保护或者劳动条件的;
(1) Where Party A has failed to provide labor protection or working conditions as stipulated in the employment contract;
2、未及时足额支付劳动报酬的;
(2) Where Part A has failed to pay remuneration on time or in full;
3、未依法缴纳社会保险费的;
(3) Where Party A has failed to contribute social insurance premiums on behalf of Party B in accordance with the law;
4、规章制度违反法律、法规的规定,损害乙方权益的;
4. Where Party A’s policies violate laws or regulations, thereby infringing upon Party B’s rights and interests;
5、以欺诈、胁迫的手段或乘人之危,使乙方在违背真实意思的情况下订立或者变更劳动合同致使劳动合同无效的;
(5) Where Party A has concluded or modified the Employment Contract against the true intentions of Party B through the use of fraud, coercion or exploitation of the unfavorable position of Party B, as a result of which this Agreement is deemed null and void; or
6、法律、法规规定乙方可以解除劳动合同的其他情形。
(6) Other circumstances for termination by Party B as specified under laws and regulations.
甲方以暴力、威胁或者非法限制人身自由的手段强迫乙方劳动的,或者甲方违章指挥、强令冒险作业危及乙方人身安全的,乙方可以立即解除劳动合同,不需事先告知甲方。
Party B may terminate the Employment Contract with immediate effect and without advance notice to Party A If Party A uses violence, intimidation, or an unlawful restraint of indivial freedom to compel Party B to work, or if Party A instructs Party B to violate the law or engage in hazardous work that endangers his personal safety.
⑵ 中华人民共和国劳动法的英文版在哪里可以找到
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.
参照:http://www.yuyitrans.com/laborlaw.htm
http://www.24en.com/translate/guide/izhao/2008-03-18/72618.html
⑶ 中国人民劳动法最新最完整的版本
1、没有“中国人民劳动法”,有的是《中华人民共和国劳动法》,1994年7月5日通过、1995年1月1日施行。
网址是:http://ke..com/view/7300.htm?fr=ala0_1
2、你找的,还可能是俗称“新劳动法”的《劳动合同法》吧?
(1)《劳动合同法》:2008年1月1日起实施,网址是:http://www.gov.cn/jrzg/2007-06/29/content_667720.htm
(2)另有《劳动合同法实施条例》,应是你说的“细则”:http://ke..com/view/2548225.htm?fr=ala0_1
3、“到底现在劳动法以那个标准为主”:以上3部法律法规都是有效的,互不冲突。其中《劳动法》规范的是劳动关系中的全面事项,《劳动合同法》规范的只是劳动关系中的劳动合同的订立、解除等事项,《劳动合同法实施条例》是具体实施《劳动合同法》中的“细则”。
⑷ 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
⑸ 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)
⑹ 自新中国成立以来劳动法颁布了几个版本有过几次修订现行的又是哪一个呢
我国《劳动法》复是制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。此后没有对《劳动法》做过修改。
2007年6月29日颁布了《劳动合同法》,该法从2008年1月1日起生效实施,最新的消息是2012年12月28日通过修改,自2013年7月1日起施行。这个法律和《劳动法》不完全相同,一个是调整劳动关系的整体性法律,一个仅仅是调整劳动合同关系的法律。所以不能简单理解为对劳动法的修改。
现在两部法律都仍然有效。《中华人民共和国劳动争议调解仲裁法》于2007年12月29日通过,自2008年5月1日起施行。现行有效。是劳动部门对劳动争议仲裁的依据。最高人民法院对劳动争议出台了三个司法解释。最高人民法院关于审理劳动争议案件适用法律若干问题的解释一、二、三。
⑺ 翻译关于中国劳动法的英语段落
随着工厂数来量的激增及城市化源进程的加快,《中华人民共和国劳动法》已成为一个热门话题。基本的劳动法规包括1994年5月通过的《中华人民共和国劳动法》及2007年6月29日由第十届全国人民代表大会常务委员会第二十八次会议通过并于2008年1月起施行的《中华人民共和国劳动合同法》。国务院通过的行政法规,各部门法规及最高人民法院的司法解释规定了雇佣关系的各项细则。中国工会受我国政府管束,由全国总工会领导。全国总工会是也是大陆唯一合法的工会组织。罢工行为在形式上是合法的,但事实上其受到严格禁止。
人工翻译的,“国务院通过的行政法规,各部门法规”这里不懂原文意思……
⑻ 急求!!!!英文版 关于贯彻执行<中华人民共和国劳动法>若干问题的意见
没听说过还有英文来版的自。
法律规定,要求措辞很严谨的,翻译成英文很难准确地表达原意,翻译的人必须了解中国和西方相应国家的法律。
在《劳动法》中“应该”,表达的意思是“必须”。可是在西方国家却并非如此。所以如果翻译成英文,肯定就走样了,必须以中文的愿意为依据。
可以找个熟悉劳动政策的专家,将有关条款解释一下,翻译在场与专家沟通清楚具体的意思表示后,再翻译成英文。你所说109号文是1995年的,一共100条,又称为“一百条”,很多规定都过时了,有些条款对外企没有用,现成英文版的可能性几乎为零。