【正文】
ter the Employer and the employee have both signed or sealed su contract on reaing a negotiated consensus. The Employer and the employee shall ea keep one copy of the employment agreement. Article 17 Where a labor contract was concluded as a fixedterm labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews su contract.If an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee mences work, they shall be deemed to have entered into an openended labor contract. Article 15 When the Employer first introduces the labor contract system or the stateowned enterprise that employs him reconcludes its labor contracts as of restructuring, the employee has been working for the Employer for ten (10) consecutive years and is less than 10 years away from his legal retirement age。The employee has been working for the Employer for ten (10) consecutive years。An ‘openended labor contract’ refers to a labor contract where the Employer and the employee have agreed not to stipulate a definite termination date. An openended labor contract may be concluded between an Employer and an employee on consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an openended labor contract shall be concluded, unless the employee requests the conclusion of a fixedterm labor contract instead:Labor contracts are divided into fixedterm labor contracts, openended labor contracts and labor contracts that terminate on the pletion of a certain task. Article 13 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 on with the employee, the labor pensation for the newly recruited employee shall be paid in accordance with the standards stipulated in the collective contract。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 The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occational hazards, production safety conditions, labor pensation and other matters requested by the employee。 Article 8Conclusion of Labor ContractsArticle 7 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 Article 4 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 2 General ProvisionsArticle 1 Work PlacementPart III 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 mittee ofLabor Contract Law of the People39。s Republic of ina 勞動合同法Promulgation date:June 29, 2007Effective date:January 1, 2007Department: National People39。 the 10th Nationals Congress of the People’s Republic of China on June 29, 2007, is hereby promulgated and shall e into effect on January 1, 2021. Hu JintaoPresident of the People’s Republic of ChinaJune 29, 2007Contentsapter I General Provisionsapter II Conclusion of Labor Contractsapter III Performance and Amendment of Labor Contractsapter IVRevocation and Termination of Labor Contractsapter VSpecial ProvisionsPart ICollective ContractsPart IIParttime Laborapter VIServision and Inspectionapter VIILegal Liabilityapter VIIISplementary ProvisionsLabor Contract Lawof the People’s Republic of Chinaapter 1This 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.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 su as enterprises, individual economic organizations and private nonenterprise units in the People’s Republic of ina (“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 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, occational safety and hygiene, insurance and welfare, training, work discipline or work quota management, etc., whi 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 en