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勞動合同法(英文)-資料下載頁

2024-12-30 16:28本頁面
  

【正文】 dance with law。(5)the Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early dissolution。 or(6)other circumstances stipulated by laws or administrative regulations arise. Article 45Despite the expiration of a labor contract, if any of the circumstances prescribed in Article 42 of this Law applies, the labor contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall e to an end. However, the termination of a labor contract resulting from the loss of capacity, wholly or partially, to work as prescribed in item (2) of Article 42 hereof shall be handled in accordance with relevant state regulations on workrelated injury insurance.Article 46 The Employer shall pay the employee financial pensation in any of the following circumstances: (1)the labor contract is terminated by the employee in accordance with Article 38 hereof。(2)the Employer proposes to terminate the labor contract pursuant to Article 36 hereof and the labor contract is terminated as a result after the Employer and the employee reach an agreement thereon after consultation。(3)the labor contract is terminated by the Employer in accordance with Article 40 hereof。(4)the labor contract is terminated by the Employer in accordance with the first paragraph of Article 41 hereof。(5)the labor contract is a fixed term contract that terminates in accordance with item (1) of Article 44 hereof, save where the employee refuses to renew the labor contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract。(6)the labor contract is terminated in accordance with items (4) and (5) of Article 44 hereof。 or(7)other circumstances stipulated by laws or administrative regulations. Article 47An employee shall be paid financial pensation based on the number of years he has worked for the Employer at the rate of one month’s wages for each full year worked. Any period of not less than 6 months but less than one year shall be counted as one year. The financial pensation payable to a worker for any period of less than 6 months shall be onehalf of his monthly wage. If the monthly wage of a worker is three times greater than the average monthly wage in the previous year for employees as announced by the people’s government at the municipal level directly under the central government or at the citywithdistrict level where the Employer is located, the rate for the financial pensations paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work.The term “monthly wage” as mentioned in this Article refers to the worker’s average wage for the 12 months prior to revocation or termination of his labor contract.Article 48If an Employer terminates or ends a labor contract in violation of this Law and the employee demands continued performance of such contract, the Employer shall continue performing the same. If the employee does not demand continued performance of the labor contract or if continued performance of the employment contract has bee impossible, the Employer shall pay the employee pensation in accordance with Article 87 hereof. Article 49The State will adopt measures to establish a prehensive system that enables worker’s social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50At the time of revocation or termination of a labor contract, the Employer shall issue a certificate of revocation or termination of the labor contract and conduct, within 15 days, the procedures for the transfer of the employee’s file and social insurance account. The employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this law require the Employer to pay the worker financial pensation, it shall do so upon pletion of the procedures for the handover of the work. The Employer shall have the revoked or terminated labor contracts on file for at least two years, for reference purposes. Chapter V Special ProvisionsPart ICollective ContractsArticle 51After consultation on an equal basis, enterprise employees, as one party, and their Employer may conclude a collective contract on such matters as labor pensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval. A collective contract shall be concluded by the labor union, representing the enterprise employee, and the Employer. If the Employer has yet to establish a labor union, it shall conclude the contract with a representative nominated by the employees under the guidance of the labor union at the next higher level. Article 52Enterprise employees, as one party, may enter into a special collective contract with the Employer with regard to issues concerning work safety and hygiene, protection of female workers’ rights and interests, wage adjustment mechanism, etc. Article 53In areas below the county level, industrybased or areabased collective contracts may be concluded between the labor union and a representative of the enterprise in industries such as construction, mining, catering services, etc. Article 54After a collective contract is concluded, it shall be submitted to the labor administrative department. The collective contract shall bee effective if within 15 days after receipt of the same, the labor administrative department does not raise any objection to the contract. A collective contract that has been concluded in accordance with the law shall be binding upon the Employer and the employees. An industrybased or regionbased collective contract shall be binding upon the Employers and the employees in the industry or in the area in the locali
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