【正文】 LAW OF THE PEOPLE39。S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTSAdopted at the 28th Session of the Standing Committee of the 10th National People39。s Congress on June 29, 2007Effective from January 1, 2008By Baker amp。 MCKenzieCHAPTER 1 GENERAL PROVISIONS Article 1This 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 2This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, individual economic organizations and private nonenterprise 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 3The conclusion of employment contracts shall ply 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 4Employers 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 pensation, 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 ments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives conducted on a basis of equality. If, during 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 municate 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 municated to the Employees by the Employer. Article 5The labor administration authorities of People’s Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a prehensive tripartite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships. Article 6A 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 CONTRACTSArticle 7An 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 8When 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, production safety conditions, labor pensation 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 9When 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 10To 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 11In 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 pensation was agreed upon with the Employee, the labor pensation 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 12Employment contracts are divided into fixedterm employment contracts, openended employment contracts and employment contracts to expire upon pletion of a certain job. Article 13A “fixedterm 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