【正文】
jointly seek to solve the major problems related to employment relations.第五條 縣級以上人民政府勞動行政部門會同工會和企業(yè)方面代表,建立健全協(xié)調(diào)勞動關(guān)系三方機(jī)制,共同研究解決有關(guān)勞動關(guān)系的重大問題。Chapter II Formation of Labor Contracts第二章 勞動合同的訂立用人單位應(yīng)當(dāng)建立職工名冊備查。Article 9 When an employer hires an employee, it shall not detain his identity card or other certificates, nor require him to provide a guaranty or collect money or property from him under any other excuse.第九條 用人單位招用勞動者,不得扣押勞動者的居民身份證和其他證件,不得要求勞動者提供擔(dān)保或者以其他名義向勞動者收取財(cái)物。 已建立勞動關(guān)系,未同時(shí)訂立書面勞動合同的,應(yīng)當(dāng)自用工之日起一個(gè)月內(nèi)訂立書面勞動合同。Article 11 Where an employer fails to conclude a written labor contract when the employer put his employee to work, if the remuneration stipulated between the employer and the employee is not clear, the remuneration to the new employee shall conform to the provisions of the collective contract. If there is no collective contract or if there is no such stipulation in the collective contract, the principle of equal pay for equal work shall be observed.第十一條 用人單位未在用工的同時(shí)訂立書面勞動合同,與勞動者約定的勞動報(bào)酬不明確的,新招用的勞動者的勞動報(bào)酬按照集體合同規(guī)定的標(biāo)準(zhǔn)執(zhí)行;沒有集體合同或者集體合同未規(guī)定的,實(shí)行同工同酬。Article 13 A fixedterm labor contract refers to a labor contract in which the employer and the employee stipulate the time of termination of the contract. The employer and the employee may conclude a fixedterm labor contract upon negotiation.第十三條 固定期限勞動合同,是指用人單位與勞動者約定合同終止時(shí)間的勞動合同。Article 14 A labor contract without a fixed term refers to a labor contract in which the employer and the employee stipulate no certain time to end the contract. An employer and an employee may, through negotiations, conclude a labor contract without a fixed term. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, a labor contract without a fixed term shall be concluded unless the employee proposes to conclude a fixedterm labor contract:1. The employee has already worked for the employer for 10 full years consecutively。 or3. The labor contract is to be renewed after two fixedterm labor contracts have been concluded consecutively, and the employee is not under any of the circumstances as mentioned in Article 39 and Paragraphs (1) and (2) of Article 40 of this Law. If the employer fails to sign a written labor contract with an employee after the lapse of one full year from the date when the employee begins to work, it shall be deemed that the employer and the employee have concluded a labor contract without a fixed term.第十四條 無固定期限勞動合同,是指用人單位與勞動者約定無確定終止時(shí)間的勞動合同。有下列情形之一,勞動者提出或者同意續(xù)訂、訂立勞動合同的,除勞動者提出訂立固定期限勞動合同外,應(yīng)當(dāng)訂立無固定期限勞動合同: ?。ㄒ唬﹦趧诱咴谠?