【正文】 編號(hào)：時(shí)間：2021年x月x日書山有路勤為徑，學(xué)海無涯苦作舟頁碼：第24頁 共24頁Labor Contract Law of the People39。s Republic of China 勞動(dòng)合同法Promulgation date:June 29, 2007Effective date:January 1, 2007Department: National People39。s CongressOrder of the President of the People’s Republic of China (No. 65)The Labor Contract Law of the People’s Republic of China, adopted at the 28th Session of the Standing Committee of the 10th National People39。s Congress of the People’s Republic of China on June 29, 2007, is hereby promulgated and shall e into effect on January 1, 2008. Hu JintaoPresident of the People’s Republic of ChinaJune 29, 2007ContentsChapter I General ProvisionsChapter II Conclusion of Labor ContractsChapter III Performance and Amendment of Labor ContractsChapter IVRevocation and Termination of Labor ContractsChapter VSpecial ProvisionsPart ICollective ContractsPart IIWork PlacementPart III Parttime LaborChapter VISupervision and InspectionChapter VIILegal LiabilityChapter VIIISupplementary ProvisionsLabor Contract Lawof the People’s Republic of ChinaChapter 1General ProvisionsArticle 1 This Law is formulated to improve the labor contract system, to specify the rights and obligations of the parties to labor contracts, to protect the legitimate rights and interests of workers, and to build and develop harmonious and stable employment relationships.Article 2 This Law applies to the establishment of labor relationships between, the conclusion of, performance of, amendment of, revocation of and termination of, labor contracts by workers and organizations such as enterprises, individual economic organizations and private nonenterprise units in the People’s Republic of China (“Employers”). The conclusion, performance, amendment, revocation and termination of labor contracts between state authorities, institutions or social organizations and workers with whom they establish employment relationships, shall be subject to this law. Article 3 The conclusion of a labor contract shall be based on the principles of lawfulness, fairness, equality, voluntariness, negotiated consensus and good faith. A lawfully concluded labor contract shall have binding force, both the Employer and the employee shall perform their respective obligations stipulated therein. Article 4 Employers shall formulate and improve labor rules and regulations in accordance with the law, so as to ensure that employees enjoy their labor rights and perform their labor obligations. The formulations, amendments and decisions made by Employers with respect to rules on labor pensation, working hours, leave and rest, occupational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., which have a direct impact on employees’ immediate rights and interests, or other material matters, shall be presented to and discussed with the employee representative congress or all the employees, and the proposal and advice thereof shall be determined after consultation with the labor union or employee representative on the basis of equality. If, during the implementation of a rule or regulation or decision on a material matter, the labor union or any of the employees deems it inappropriate, they shall be entitled to raise the issue with the Employer and have it amended after consultation. The Employer shall make rules, regulations and decisions on material matters that have a direct impact on employees’ immediate interests and rights, public or municate the same to the employees. Article 5 The labor administration authorities of the People’s Governments at the county level and above shall, together with labor unions and enterprise representatives, establish a prehensive tripartite mechanism for the coordination of employment relationships, in order to jointly study and resolve material issues relating to employment relationships. Article 6 The labor union shall assist and guide workers in the conclusion and performance of labor contracts with their Employer, and establish a collective consultation mechanism with the Employer in order to protect the lawful rights and interests of workers. Chapter IIConclusion of Labor ContractsArticle 7 The employment relationship between an Employer and an employee shall mence on the date the employee mences work. The Employer shall keep a register of employees, for future reference. Article 8 The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occupational hazards, production safety conditions, labor pensation and other matters requested by the employee。 the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9 When hiring an employee, the Employer shall not retain the employee’s resident ID card or other documentation, nor demand the employee to provide security or collect property from him/her under some other guise. Article 10 A written labor contract shall be concluded when establishing an employment relationship.Where an employment relationship has been established without the conclusion of a written labor contract, the written labor contract shall be concluded within one (1) month from the date the employee mences work. Where an Employer and an employee conclude a labor contract before the employee mences work, the employment relationship shall be established on the date the employee mences work. Article 11 Where an Employer fails to conclude a written labor contract with an employee before the employee mences work, and it is unclear what labor pensation was agreed upon with the employee, the labor pensation for the newly recruited employee shall be paid in accordance with the standards stipulated in the collective contract。 where th