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勞動(dòng)合同法英文-wenkub.com

2024-11-16 23:54 本頁面
   

【正文】 s note: The phrase “of the area〞 does not appear in the inese text. It has been added by us in view of the context.  Conclude the collective contract with a representative put forward by the Employees under the guidance of the Trade union at the next higher level.  Article 52  Enterprise employees as one party and their Employer may enter into specialized collective contracts addressing labor safety and hygiene protection of the rights and interests of female employees the wage adjustment meani etc.  Article 53  Industrywide or areawide collective contracts may be concluded between the Trade union on the one hand and representatives on the side of the enterprises on the other hand in industries su as construction mining catering services etc. within areas below the county level.  Article 54  After a collective contract has been concluded it shall be submitted to the labor administration authority. The collective contract shall bee effective on the lapse of 15 days from the date of receipt thereof by the labor administration authority unless the said authority raises any objections to the contract.  A collective contract that has been concluded in accordance with the law is binding on the Employer and the Employees. An industrywide or areawide collective contract is binding on Employers and Employees in the industry or in the area in the locality concerned.  Article 55  The rates for labor pensation standards for working conditions etc. stipulated in a collective contract may not be lower than the minimum rates and standards prescribed by the local People39。s average monthly wage for the 12 months prior to the termination or ending of his employment contract.  Article 48  If an Employer terminates or ends an employment contract in violation of this  Law and the Employee demands continued performance of su contract the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has bee impossible the Employer shall pay damages pursuant to Article 87 hereof.  Article 49  The state will take measures to establish a prehensive system that enables Employees39。s Court;  4〕 The Employer is declared bankrt;  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〕 Another circumstance specified in laws or administrative statutes arises.  Article 45  If an employment contract expires and any of the circumstances specified in  Article 42 hereof applies the term of the employment contract shall be extended until the relevant circumstance ceases to exist at whi point the contract shall end. However matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item 2〕 of Article 42 hereof shall be handled in accordance with state regulations on workrelated injury insurance.  Article 46  In any of the following circumstances the Employer shall pay the Employee severance pay:  1〕 The employment contract is terminated by the Employee pursuant to Article 38 hereof;  2〕 The employment contract is terminated after su termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reaed agreement thereon after consultations;  3〕 The employment contract is terminated by the Employer pursuant to Article 40 hereof;  4〕 The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof;  5〕 The employment contract is a fixed–term contract that ends pursuant to item 1〕 of  Article 44 hereof unless the Employee does not agree to renew the contract even though the conditions offered by the Employer are the same as or better than those stipulated in the current contract;  6〕 The employment contract ends pursuant to item 4〕 or 5〕 of Article 44 hereof;  7〕 Other circumstances specified in laws or administrative statutes.  Article 47  A Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month39。 prior written notice or one month39。 prior written notice to his Employer. During his probation period a Employee may terminate his employment contract by giving his Employer three days39。s true intent;  2〕 The Employer disclaims its legal liability or denies the Employee his rights; or  3〕 Mandatory provisions of laws or administrative statutes are violated.  If the invalidity or partial invalidity of the employment contract is disputed it shall be confirmed by a labor dispute arbitration institution or a People39。s training and gives him professional tenical training it may conclude an agreement specifying a term of service with su Employee.  If the Employee breaes the agreement on the term of service he shall pay liquidated damages to the Employer as agreed. The measure of the liquidated damages may not exceed the training expenses paid by the Employer. The liquidated damages that the Employer requires the Employee to pay may not exceed the portion of the training expenses allocable to the unperformed portion of the term of service.  The reaing of agreement on a term of service between the Employer and the Employee does not affect the raising of the Employee39。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 su 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 5  The labor administration authorities of People39。LAW OF THE PEOPLE′S REPUBLIC OF CHINA ON EMPL
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