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中國勞動法英文版-預(yù)覽頁

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【正文】 rs. Article 9 The labor management department under the State Council shall take charge of the management of labor of the whole country. Local peoples governments above the county level shall take charge of the management of labor in areas under their jurisdiction. Chapter 2 Promotion of Employment Article 10 The State shall create employment conditions and expand employment opportunities through promotion of economic and social development. The State shall encourage enterprises, institutional organizations, and social groups to start industries or expand businesses within the scope allowed by stipulations of laws and administrative decrees for the purpose of increasing employment. The State shall support laborers to organize and employ themselves on a voluntary basis and to get employed in individual businesses. Article 11 Local peoples governments at various levels shall take measures to develop various kinds of job agencies and provide employment services. Article 12 Laborers shall not be discriminated against in employment due to their nationality, race, sex, or religious belief. Article 13 Women shall enjoy equal rights as men in employment. Sex shall not be used as a pretext for excluding women from employment during recruitment of workers unless the types of work or posts for which workers are being recruited are not suitable for women according to State regulations. Nor shall the standards of recruitment be raised when it es to women. Article 14 Any special stipulations in laws and regulations about the employment of the disabled, minority people, and demobilized soldiers shall be observed. Article 15 The employer shall be banned from recruiting juveniles under the age of 16. Art, sports and specialskill units that plan to recruit juveniles under the age of 16 shall go through examination and approval procedures according to relevant State regulations and guarantee the right of the employed to receive pulsory education. Chapter 3 Labor Contracts and Collective Contracts Article 16 Labor contracts are agreements reached between laborers and the employer to establish labor relationships and specify the rights, interests and obligations of each party. Labor contracts shall be concluded if labor relationships are to be established.Article 17 Conclusion and alteration of labor contracts shall follow the principle of equality, voluntariness,* and agreement through consultation. They shall not run counter to stipulations in laws or administrative decrees. Labor contracts shall bee legally binding once they are concluded in accordance with law. The parties involved shall fulfill obligations stipulated in labor contracts. Article 18 The following labor contracts shall be invalid。 (3) Labor protection and labor conditions。 (7) Liabilities for violations of the labor contract. Apart from the necessary clauses specified in the preceding clause, the parties involved can include in their labor contracts other contents agreed upon by them through consultation. Article 20 The time limits of labor contracts shall be divided into fixed and flexible time limits and time limits for the pletion of certain amount of work. Labor contracts with flexible time limits shall be concluded between the laborers and the employer if the former request for the conclusion of labor contracts with flexible time limits after working continuously with the employer for more then 10 years and with agreement between both of the parties involved to prolong their contracts. Article 21 Probation periods can be agreed upon in labor contracts. These probation periods shall not, however, exceed six months at the longest. Article 22 The parties involved in a labor contract can reach agreements in their labor contracts on matters concerning the keeping of the mercial secrets of the employer. Article 23 Labor contracts shall terminate upon the expiration of their time limits or the occurrence of the conditions agreed upon in labor contracts by the parties involved for terminating these contracts. Article 24 Labor contracts can be revoked with agreement reached between the parties involved through consultation. Article 25 The employer can revoke labor contracts should any one of the following cases occur with its laborers: (1) When they are proved during probation periods to be unqualified for employment。 (2) The laborers are inpetent at their jobs and remain as so even after training or after readjusting the work posts。 (4) Others cases stipulated by laws and administrative decrees. Article 30 The trade union shall have the right to air its opinions if it regards as inappropriate the revocation of a labor contract by the employer. If the employer violates laws, regulations or labor contracts, its trade union shall have the right to ask for handling the case anew. If laborers apply for arbitration or raise lawsuits, the trade union shall render support and help in accordance with law. Article 31 Laborers planning to revoke labor contracts shall give a written notice to their employer in 30 days advance. Article 32 Laborers can notify, at any time, their employer of their decision to revoke labor contracts in any one of the following cases: (1) During their periods of probation。 (3) The International Labor Day。 (3) Other cases stipulated in laws and administrative decrees. Article 43 The employer shall not prolong the work hours of laborers in violation of the stipulations of this Law. Article 44 The employer shall pay laborers more wage remunerations than those for normal work according to the following standards in any one of the following cases: (1) Wage payments to laborers no less than 150 per cent of their wages if the laborers are asked to work longer hours。 (3) Productivity。 (3) Bee disabled during work or suffer occupational diseas
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