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勞動(dòng)合同法(英文版)-在線瀏覽

2025-07-01 08:05本頁(yè)面
  

【正文】 matter, the labor union or any of the employees deems it inappropriate, they shall be entitled to raise the issue with the Employer and have it amended after consultation.The labor administration authorities of the People’s Governments at the county level and above shall, together with labor unions and enterprise representatives, establish a prehensive tripartite mechanism for the coordination of employment relationships, in order to jointly study and resolve material issues relating to employment relationships. Article 6The labor union shall assist and guide workers in the conclusion and performance of labor contracts with their Employer, and establish a collective consultation mechanism with the Employer in order to protect the lawful rights and interests of workers. Chapter IIThe employment relationship between an Employer and an employee shall mence on the date the employee mences work. The Employer shall keep a register of employees, for future reference. the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9 A written labor contract shall be concluded when establishing an employment relationship.Where an employment relationship has been established without the conclusion of a written labor contract, the written labor contract shall be concluded within one (1) month from the date the employee mences work. Where an Employer and an employee conclude a labor contract before the employee mences work, the employment relationship shall be established on the date the employee mences work. Article 11 where there is no collective contract or the collective contract is silent on the matter, the principle of equal pay for equal work shall apply. Article 12 A ‘fixedterm labor contract’ refers to a labor contract where the termination date has been agreed upon by the Employer and the employee. A fixedterm labor contract may be concluded between an Employer and an employee upon consultation. Article 14 (1)(2) or(3)A ‘labor contract that terminates upon the pletion of a certain task’ refers to a labor contract where the Employer and the employee have agreed that the contractual term is based on the pletion of a specific task. An Employer and an employee may, upon consultation, conclude a labor contract with a term that is based on the pletion of a certain task. Article 16A labor contract shall include the following items:(1)(2)(3)(4)(5) (6) (7)(8) and(9)Should a dispute arise due to the ambiguous nature of the standards for labor pensation or working conditions or other matters, the Employer and employee may renegotiate。 if there is no collective contract or the collective contract is silent on the standards for working conditions or other matters, the relevant regulations of the State shall apply.Article 19 if a labor contract has a term of more than one year but less than three years, the probation period may not exceed two months。 The probation period shall not apply to labor contracts with a term of less than three months or to labor contracts that terminate upon the pletion of a certain task. The probation period shall form part of the term of the labor contract. If a labor contract merely contains a probation period, such probation period shall be rendered void and be deemed as the term of the labor contract.The wages paid to employees during their probation period shall not be less than the minimum wage level for the same position with the Employer or less than 80% of the wage agreed upon in the labor contract, and shall not be less than the minimum wage of the place where the Employer is located.Article 21 The agreement between an Employer and an employee on a term of service shall not affect the increment of the worker’s labor pensation during the term of service in accordance with the normal wage adjustment mechanism.Article 23 The personnel subject to nonpetition obligations shall be limited to the Employer’s senior management, senior technicians and other individuals with confidentiality obligations. The scope, geographical limitations and term of the nonpetition obligations shall be agreed upon by the Employer and the employee, and they shall not violate any laws and regulations. After the revocation or termination of a labor contract, the nonpetition period for any of the persons mentioned in the preceding paragraph in terms of his working for a peting Employer that produces or deals with the same type of products or engages in the same type of business, or in terms of his setting up his own business to produce or deal with the same type of products or to engage in the same type of business, shall not exceed two years. Article 25 Article 26 through fraud, coercion or exploitation of the other party’s disadvantageous position, a party causes the other party to conclude or amend the labor contract (2) or(3)The partial invalidity of the labor contract shall not affect the validity of the remaining part of the contract, the remaining provisions shall continue to be valid. Article 28 Performance and Amendment of Labor ContractsArticle 29Employers shall pay their employees labor pensation on time and in full in accordance with the labor contract and state regulations.An employee may, in accordance with the law, apply for an order to pay at the local People’s Court in the event that the Employer fails to pay his labor pensation on time or in full, and the People’s Court shall issue such order in accordance with the law. Article 31 The refusal of an employee to perform dangerous tasks shall not be deemed as a breach of contract if he is forced to do so by the management staff of the Employer or if the instruction to do so is made in violation of regulations. Employee s shall have the right to criticize, report to the authorities or bring ch
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