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新勞動合同法中英文版(留存版)

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【正文】 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 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 prehensive tripartite 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, 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 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. Page 3 of 30 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 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。 (7) Social insurance。 (4) has additionally established an employment relationship with another Employer which materially affects the pletion of his tasks with the firstmentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer。 (3) The Employee dies, or is declared dead or missing by a People’s Court。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 or (6) Has his criminal liability pursued in accordance with the law. Article 40 An Employer may terminate an employment contract by giving the Employee himself 30 days’ prior written notice, or one month’s wage in lieu of notice, if: (1) after the set period of medical care for an illness or nonworkrelated injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer。 and (9) Other matters which laws and statutes require to be included in employment contracts. In addition to the requisite terms mentioned above, an Employer and a Employee may agree to stipulate other matters in the employment contract, such as probation period, training, confidentiality, supplementary insurance and benefits, etc. Article 18 If a dispute arises due to the fact that the rate or standards for labor pensation or working conditions, etc. are not explicitly specified in the employment contract, the Employer and the Employee may renegotiate. If the negotiations are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor pensation, equal pay shall be given for equal work。S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS Adopted at the 28th Session of the Standing Committee of the 10th National People39。 and if an employment contract has a term of not less than three years or is openended, the probation period may not exceed six months. An Employer may stipulate only one probation period with any given Employee. No probation period may be specified in an employment contract with a term to expire upon pletion of a certain job or an employment contract with a term of less than three months. The probation period shall be included in the term of the employment contract. If an employment contract provides for a probation period only, then there is no probation period and the term concerned shall be the term of the employment contract. Article 20 The wages of a Employee on probation may not be less than the lowest wage level for the same job with the Employer or less than 80 percent of the wage agreed upon in the employment contract, and may not be less than the minimum wage rate in the place where the Employer is located. Page 5 of 30 Article 21 An Employer may not terminate an employment contract during the probation period unless the Employee is characterized by any of the circu
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