(Adopted at the 28th Meeting of the Standing Committee of the Tenth National People's Congress on June 29, 2007, revised in accordance with the Decision on Amending the Labor Contract Law of the People's Republic of China adopted at the 30th Meeting of the Standing Committee of the Eleventh National People's Congress on December 28, 2012)
Catalog
Chapter I General Provisions
Chapter II Formation of Labor Contracts
Chapter III Fulfillment and Change of Labor Contracts
Chapter IV Dissolution and Termination of Labor Contracts
Chapter V Special Provisions
Section 1 Collective Contract
Section 2 Worker Dispatch
Section 3 Part-time Employment
Chapter VI Supervision and Inspection
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purposes of improving the labor contractual system, clarifying the rights and obligations of both parties of labor contracts, protecting the legitimate rights and interests of employees, and establishing and developing a harmonious and stable employment relationship.
Article 2 This Law shall apply to the establishment of employment relationship between employees and enterprises, individual economic organizations, private non-enterprise entities, or other organizations (hereafter referred to as employers), and to the formation, fulfillment, change, dissolution, or termination of labor contracts.
The state organs, public institutions, social organizations, and their employees among them there is an employment relationship shall observe this Law in the formation, fulfillment, change, dissolution, or termination of their labor contracts.
Article 3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of a labor contract.
A labor contract concluded according to the law shall have a binding force. The employer and the employee shall perform the obligations as stipulated in the labor contract.
Article 4 An employer shall establish a sound system of employment rules so as to ensure that its employees enjoy the labor rights and perform the employment obligations.
Where an employer formulates, amends or decides rules or important events concerning the remuneration, working time, break, vacation, work safety and sanitation, insurance and welfare, training of employees, labor discipline, or management of production quota, which are directly related to the interests of the employees, such rules or important events shall be discussed at the meeting of employees’ representatives or the general meeting of all employees, and the employer shall also put forward proposals and opinions to the employees and negotiate with the labor union or the employees’ representatives on a equal basis to reach agreements on these rules or events.
During the process of execution of a decision about a rule or about an important event, if the labor union or the employees deem it improper, they may require the employer to amend orimprove the rules or decisions through negotiations.
The employer shall make an announcement of the rules and important events which are directly related to the interests of the employees or inform the employees of these rules or events.
Article 5 The labor administrative department of the people’s government at the county level or above shall, together with the labor union and the representatives of the enterprise, establish a sound three-party mechanism to coordinate employment relationship and shall jointly seek to solve the major problems related to employment relations.
Article 6 The labor union shall assist and direct the employees when they conclude with the employers and fulfill labor contracts and establish a collective negotiation mechanism with the employers so as to maintain the lawful rights and interests of the employees.
Chapter II Formation of Labor Contracts
Article 7 An employer establishes an employment relationship with an employee from the date when the employer puts the employee to work. The employer shall prepare a roster of employees for inspection.
Article 8 When an employer hires an employee, it shall faithfully inform him of the work contents, conditions and location, occupational harm, work safety state, remuneration, and other information which the employee requires to be informed. The employer has the right to know the basic information of the employer which is directly related to the labor contract and the employee shall faithfully provide such information.
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.
Article 10 A written labor contract shall be concluded in the establishment of an employment relationship.
Where an employment relationship has already been established with an employee but no written labor contract has been entered simultaneously, a written labor contract shall be concluded within one month from the date when the employee begins to work.
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.
Article 12 Labor contracts are classified into fix-term labor contracts, labor contracts without a fixed term, and the labor contracts that set the completion of specific tasks as the term to end contracts.
Article 13 A fixed-term 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 fixed-term labor contract upon negotiation.
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 fixed-term labor contract:
1. The employee has already worked for the employer for 10 full years consecutively;
2. When the employer initially adopts the labor contract system or when a state-owned enterprise re-concludes the labor contract due to restructuring, the employee has already worked for this employer for 10 full years consecutively and he attains to the age which is less than 10 years up to the statutory retirement age; or
3. The labor contract is to be renewed after two fixed-term 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.
Article 15 A labor contract that sets the completion of a specific task as the term to end the contract refers to the labor contract in which the employer and the employee stipulate that the time period of the contract shall be based on the completion of a specific task.
An employer and an employee may, upon negotiation, conclude a labor contract that sets the completion of a specific task to end the contract.
Article 16 A labor contract shall be agreed with by the employer and the employee and shall come into effect after the employer and the employee affix their signatures or seals to the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
Article 17 A labor contract shall include the following clauses:
1. The employer’s name, domicile, legal representative, or major person-in-charge;
2. The employee’s name, domicile, identity card number, or other valid identity certificate number;
3. The time limit for the labor contract;
4. The job descriptions and work locations;
5. The work hours, break time, and vocations;
6. The remunerations;
7. The social security;
8. The employment protection, work conditions, and protection against and prevention of occupational harm; and
9. Other items that shall be included in the labor contract under any laws or regulations.
Apart from the essential clauses as prescribed in the preceding paragraph, the employer and the employee may, in the labor contract, stipulate the probation time period, training, confidentiality, supplementary insurances, welfares and benefits, and other items.
Article 18 If remunerations, work conditions, and other criterions are not expressly stipulated in a labor contract and a dispute is triggered, the employer and the employee may re-negotiate the contract. If no agreement is reached through negotiations, the provisions of the collective contract shall be followed. If there is no collective contract or if there is no such stipulation about the remuneration, the principle of equal pay for equal work shall be observed. If there is no collective contract or if there is no such stipulation about the work conditions and other criterions in the collective contract, the relevant provisions of the state shall be followed.
Article 19 If the term of a labor contract is not less than 3 months but less than 1 year, the probation period shall not exceed one month. If the term of a labor contract is not less than one year but less than 3 years, the probation period shall not exceed 2 months. For a labor contract with a fixed term of 3 years or more or without a fixed term, the probation term shall not exceed 6 months.
An employer can only impose one probation time period on an employee.
For a labor contract that sets the completion of a specific task as the term to end the contract or with a fixed term of less than 3 months, no probation period may be stipulated.
The probation period shall be included in the term of a labor contract. If a labor contract only provides the term of probation, the probation shall be null and void and the term of the probation shall be treated as the term of the labor contract.
Article 20 The wage of an employee during the probation period shall not be lower than the minimum wage for the same position of the same employer or lower than 80% of the wage stipulated in the labor contract, nor may it be lower than the minimum wage of the locality where the employer is located.
Article 21 During the probation period, except when the employee is under any of the circumstances as described in Article 39 and Article 40 (i) and (ii), the employer shall not dissolve the labor contract. If an employer dissolves a labor contract during the probation period, it shall make an explanation.
Article 22 Where an employer pays special training expenses for the special technical training of his employees, the employer may enter an agreement with his employees to specify their service time period.
If an employee violates the stipulation regarding the service time period, he shall pay the employer a penalty for breach of contract. The amount of penalty for breach of contract shall not exceed the training fees provided by the employer. The penalty for breach of a contract in which the employer requires the employee to pay shall not exceed the training expenses attributable to the service time period that is unfulfilled.
The service time period stipulated by the employer and the employee does not affect the promotion of the remuneration of the employee during the probation period under the normal wage adjustment mechanism.
Article 23 An employer may enter an agreement with his employees in the labor contract to require his employees to keep the business secrets and intellectual property of the employer confidential.
For an employee who has the obligation of keeping confidential, the employer and the employee may stipulate non-competition clauses in the labor contract or in the confidentiality agreement and come to an agreement that, when the labor contract is dissolved or terminated, the employee shall be given economic compensations within the non-competition period. If the employee violates the stipulation of non-competition, it shall pay the employer a penalty for breaching the contract.
Article 24 The persons who should be subject to non-competition shall be limited to the senior mangers, senior technicians, and the other employees, who have the obligation to keep secrets, of employers. The scope, geographical range and time limit for non-competition shall be stipulated by the employer and the employee. The stipulation on non-competition shall not be contrary to any laws or regulations.
After the dissolution or termination of a labor contract, the non-competition period for any of the persons as mentioned in the preceding paragraph to work in any other employer producing or engaging in products of the same category or engaging in business of the same category as this employer shall not exceed two years.
Article 25 Except for the circumstances as prescribed in Articles 22 and 23 of this Law, the employer shall not stipulate with the employee that the employee shall pay the penalty for breaching contract.
Article 26 The following labor contracts are invalid or are partially invalid if: 1. a party employs the means of deception or coercion or takes advantage of the other party’s difficulties to force the other party to conclude a labor contract or to make an amendment to a labor contract, which is contrary to his will; 2. an employer disclaims its legal liability or denies the employee’s rights; or 3. the mandatory provisions of laws or administrative regulations are violated.
If there is any dispute over the invalidating or partially invalidating of a labor contract, the dispute shall be settled by the labor dispute arbitration institution or by the people’s court.
Article 27 The invalidity of any part of a labor contract does not affect the validity of the other parts of the contract. The other parts shall still remain valid.
Article 28 If a labor contract has been confirmed to be invalid, the employer shall pay remunerations to his employees who have labored for the employer. The amount of remunerations shall be determined by analogy to the remuneration to the employees taking up the same or similar positions of the employer .
Chapter III Fulfillment and Change of Labor Contracts
Article 29 An employer and an employee shall, according to the stipulations of the labor contract, fully perform their respective obligations.
Article 30 An employer shall, under the contractual stipulations and the provisions of the state, timely pay its employees the full amount of remunerations.
Where an employer defers paying or fails to pay the full amount of remunerations, the employees may apply to the local people’s court for an order of payment. The people’s court shall issue an order of payment according to the law.
Article 31 An employer shall strictly execute the criterion on production quota, it shall not force any of its employees to work overtime or make any of his employees to do so in a disguised form. If an employer arranges overtime work, it shall pay its employee for the overtime work according to the relevant provisions of the state.
Article 32 If an employee refuses to perform the dangerous operations ordered by the manager of his employer who violates the safety regulations or forces the employee to risk his life, the employee shall not be deemed to have violated the labor contract.
An employee may criticize, expose to the authorities, or charge against the employer if the work conditions may endanger his life and health.
Article 33 An employer’s change of its name, legal representative, key person-in-charge, or investor shall not affect the fulfillment of the labor contracts.Article 34 In case of merger or split the original labor contracts of the employer still remain valid. Such labor contracts shall be performed by the new employer who succeeds the rights and obligations of the aforesaid employer.
Article 35 An employer and an employee may modify the contents stipulated in the labor contract if they so agree upon negotiations. The modifications to the labor contract shall be made in writing.
The employer and the employee shall each hold one copy of the modified labor contract.
Chapter IV Dissolution and Termination of Labor Contracts
Article 36 An employer and an employee may dissolve the labor contract if they so agree upon negotiations.
Article 37 An employee may dissolve the labor contract if he notifies in writing the employer 30 days in advance. During the probation period, an employee may dissolve the labor contract if he notifies the employer 3 days in advance.
Article 38 Where an employer is under any of the following circumstances, its employees may dissolve the labor contract:
1. It fails to provide labor protection or work conditions as stipulated in the labor contract;
2. It fails to timely pay the full amount of remunerations;
3. It fails to pay social security premiums for the employees;
4. The rules and procedures set up by the employer are contrary to any law or regulation and impair the rights and interests of the employees;
5. The labor contract is invalidated due to the circumstance as mentioned in Article 26 (1) of this Law; or
6. Any other circumstances prescribed by other laws or administrative regulations that authorize employees to dissolve labor contracts.
If an employer forces any employee to work by the means of violence, threat, or illegally restraining personal freedom, or an employer violates the safety regulations to order or forces any employee to perform dangerous operations that endanger the employee’s personal life, the employee may immediately dissolve the labor contract without notifying the employer in advance.
If an employer forces any employee to work by the means of violence, threat, or illegally restraining personal freedom, or an employer violates the safety regulations to order or forces any employee to perform dangerous operations that endanger the employee’s personal life, the employee may immediately dissolve the labor contract without notifying the employer in advance.
Article 39 Where an employee is under any of the following circumstances, his employer may dissolve the labor contract:
1. It is proved that the employee does not meet the recruitment conditions during the probation period;
2. The employee seriously violates the rules and procedures set up by the employer;
3. The employee causes any severe damage to the employer because he seriously neglects his duties or seeks private benefits;
4. The employee simultaneously enters an employment relationship with other employers and thus seriously affects his completion of the tasks of the employer, or the employee refuses to make the ratification after his employer points out the problem;
5. The labor contract is invalidated due to the circumstance as mentioned in Item (1), paragraph 1, Article 26 of this Law; or
6. The employee is under investigation for criminal liabilities according to law.
Article 40 Under any of the following circumstances, the employer may dissolve the labor contract if it notifies the employee in writing 30 days in advance or after it pays the employee an extra month’s wages:
1. The employee is sick or is injured for a non-work-related reason and cannot resume his original position after the expiration of the proscribed time period for medical treatment, nor can he assume any other position arranged by the employer;
2. The employee is incompetent to his position or is still so after training or changing his position; or
3. The objective situation, on which the conclusion of the labor contract is based, has changed considerably, the labor contract is unable to be performed and no agreement on changing the contents of the labor contract is reached after negotiations between the employer and the employee.
Article 41 Under any of the following circumstances, if it is necessary to lay off 20 or more employees, or if it is necessary to lay off less than 20 employees but the layoff accounts for 10% of the total number of the employees, the employer shall, 30 days in advance, make an explanation to the labor union or to all its employees. After it has solicited the opinions from the labor union or of the employees, it may lay off the number of employees upon reporting the employee reduction plan to the labor administrative department:
1. It is under revitalization according to the Enterprise Bankruptcy Law; 2. It encounters serious difficulties in production and business operation; 3. The enterprise changes products, makes important technological renovation, or adjusts the methods of its business operation, and it is still necessary to lay off the number of employees after changing the labor contract; or 4. The objective economic situation, on which the labor contract is based, has changed considerably and the employer is unable to perform the labor contract.
The following employees shall be given a priority to be kept when the employer cuts down the number of employees:
1. Those who have concluded a fixed-term labor contract with a long time period
2. Those who have concluded a labor contract without fixed term; and
3. Those whose family has no other employee and has the aged or minors to support.
If the employer intends to hire new employees within 6 months after it cuts down the number of employees according to the first paragraph of this Article, it shall notify the employees cut down and shall, in the equal conditions, give a priority to the employees cut down.
Article 42 An employer shall not dissolve the labor contract under Articles 40 and 41 of this Law if any of its employee:
1. is engaging in operations exposing him to occupational disease hazards and has not undergone an occupational health check-up before he leaves his position, or is suspected of having an occupational disease and has been diagnosed or under medical observation;
2. has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury during his employment with the employer ;
3. has contracted an illness or sustained a non-work-related injury and the proscribed time period of medical treatment has not expired;
4. is a female who is in her pregnancy, confinement, or nursing period;
5. has been working for the employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age; or
(6) finds himself in other circumstances under which an employer shall not dissolve the labor contract as proscribed in laws or administrative regulations
Article 43 Where an employer unilaterally dissolves a labor contract, it shall notify the labor union of the reasons in advance. If the employer violates any laws, administrative regulation, or stipulations of the labor contract, the labor union has the power to require the employer to make ratification. The employer shall consider the opinions of the labor union and notify the labor union of the relevant result in writing.
Article 44 A labor contract may be terminated under any of the following circumstances:
1. the term of a labor contract has expired;
2. the employee has begun to enjoy the basic benefits of his pension;
3. the employee is deceased, or is declared dead or missing by the people’s court;
4. the employer is declared bankrupt;
5. the employer’s business license is revoked or the employer is ordered to close down its business or to dissolve its business entity, or the employer makes a decision to liquidate its business ahead of the schedule; or
6. other circumstances proscribed by other laws or administrative regulations.
Article 45 If a labor contract expires and it is under any of the circumstances as described in Article 42 of this Law, the term of labor contract shall be extended until the disappearance of the relevant circumstance. However, the matters relating to the termination of the labor contract of an employee who has lost or partially lost his capacity to work as prescribed in Article 42 (ii) of this Law shall be handled according to the pertinent provisions on work-related injury insurance.
Article 46 The employer shall, under any of the following circumstances, pay the employee an economic compensation:
1. The employee dissolves the labor contract in pursuance of Article 38 of this Law;
2. The employer proposes to dissolve the labor contract, and it reaches an agreement with the employee on the dissolution through negotiations;
3. The employer dissolves the labor contract according to Article 40 of this Law;
4. The employer dissolves the labor contract according to the first Paragraph of Article 41 of this Law; or
5.The termination of a fixed–term labor contract according to Article 44 (i) of this Law unless the employee refuses 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 labor contract is terminated according to Article 44 (iv) and (v) of this Law; or
7. Other circumstances as proscribed in other laws and administrative regulations.
Article 47 An employee shall be given an economic compensation based on the number of years he has worked for the employer and at the rate of one month’s wage for each full year he worked. Any period of not less than six months but less than one year shall be counted as one year. The economic compensations payable to an employee for any period of less than six months shall be one-half of his monthly wages.
If the monthly wage of an employee is higher than three times the average monthly wage of employees declared by the people’s government at the level of municipality directly under the central government or at the level of a districted city where the employer is located, the rate for the economic compensations to be paid to him shall be three times the average monthly wage of employees and shall be for no more than 12 years of his work.
The term of “monthly wage” mentioned in this Article refers to the employee’s average monthly wage for the 12 months prior to the dissolution or termination of his labor contract.
Article 48 If an employer dissolves or terminates a labor contract in violation of this Law but the employee demands the continuous fulfillment of the contract, the employer shall do so. If the employee does not demand the continuous fulfillment of the contract or if the continuous fulfil, lment of the labor contract is impossible, the employer shall pay compensation to the employee according to Article 87 of this Law.
Article 49 The State shall take measures to establish and improve a comprehensive system to ensure that the employees’ social security relationship can be transferred from one region to another and can be continued after the transfer.
Article 50 At the time of dissolution or termination of a labor contract, the employer shall issue a document to prove the dissolution or termination of the labor contract and complete, within 15 days, the procedures for the transfer of the employee’s personal file and social security relationship.
The employee shall complete the procedures for the handover of his work as agreed upon between both parties. If relevant provisions of this Law require the employer to pay an economic compensation, it shall make a payment upon completion of the procedures for the handover of the employee’s work.
The employer shall preserve the labor contracts, which have been dissolved or terminated, for not less than two years for reference purposes.
Chapter V Special Provisions
Section 1 Collective Contracts
Article 51 The employees of an enterprise may get together as a party to negotiate with their employer to conclude a collective contract on the matters of remuneration, working hours, breaks, vacations, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the general assembly of employees or all the employees for discussion and approval.
A collective contract may be concluded by the labor union on behalf of the employees of enterprise with the employer. If the enterprise does not have a labor union yet, the contract may be concluded between the employer and the representatives chosen by the employees under the guidance of the labor union at the next higher level.
Article 52 The employees of an enterprise as a party may negotiate with the employer to enter specialized collective contracts regarding the issues of the work safety and hygiene, protection of the rights and interests of female employees, the wage adjustment mechanism, etc.
Article 53 Industrial or regional collective contracts may be concluded between the labor unions and the representatives of enterprises in industries such as construction, mining, catering services, etc. in the regions at or below the county level.
Article 54 After a collective contract has been concluded, it shall be submitted to the labor administrative department. The collective contract shall become effective after the lapse of 15 days from the date of receipt thereof by the labor administrative department, unless the said department raises any objections to the contract.
A collective contract that has been concluded according to law is binding on both the employer and the employees. An industrial or regional collective contract is binding on both the employers and employees in the local industry or the region.
Article 55 The standards for remunerations, working conditions, etc. as stipulated in a collective contract shall not be lower than the minimum criterions as prescribed by the local people’s government. The standards for remunerations, working conditions, etc. as stipulated in the labor contract between an employer and an employee shall not be lower than those as specified in the collective contract.
Article 56 If an employer’s breach of the collective contract infringes upon the labor rights and interests of the employees, the labor union may, according to law, require the employer to bear the liability. If a dispute arising from the performance of the collective contract is not resolved after negotiations, the labor union may apply for arbitration or lodge a lawsuit in pursuance of law.
Section 2 Worker Dispatch Service
（1） The registered capital shall not be less than RMB 2 million;
（2） Having fixed business premises and facilities suitable for conducting business;
（3） There is a labor dispatch management system that complies with laws and administrative regulations;
（4） Other conditions stipulated by laws and administrative regulations.
To engage in labor dispatch business, one shall apply for administrative license from the labor administrative department in accordance with the law; Those who have obtained permission shall handle the corresponding company registration in accordance with the law. Without permission, no unit or individual may engage in labor dispatch business.
Article 58: Labor dispatch units are referred to as employers in this Law and shall fulfill the obligations of employers to their employees. The labor contract signed between the labor dispatch unit and the dispatched worker shall not only specify the matters stipulated in Article 17 of this Law, but also the employing unit, dispatch period, job position, and other information of the dispatched worker.
The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years and pay labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay them monthly remuneration in accordance with the minimum wage standard stipulated by the local people's government.
Article 59: Labor dispatch units shall enter into labor dispatch agreements with the units that accept employment in the form of labor dispatch (hereinafter referred to as the employing units) when dispatching workers. The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, dispatch period, amount and payment method of labor remuneration and social insurance premiums, as well as the responsibility for violating the agreement.
The employing unit shall determine the dispatch period with the labor dispatch unit based on the actual needs of the job position, and shall not divide the continuous employment period into several short-term labor dispatch agreements.
Article 60: Labor dispatch units shall inform the dispatched workers of the contents of the labor dispatch agreement.
Labor dispatch units shall not withhold the labor remuneration paid by the employing unit to the dispatched workers in accordance with the labor dispatch agreement.
Labor dispatch units and employing units shall not charge fees to dispatched workers.
Article 61: If a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the location of the employing unit.
Article 62: The employing unit shall fulfill the following obligations:
（1） Implement national labor standards, provide corresponding working conditions and labor protection;
（2） Notify the dispatched workers of their job requirements and remuneration;
（3） Pay overtime pay, performance bonuses, and provide welfare benefits related to the job position;
（4） Provide necessary training for dispatched workers on duty for their job positions;
（5） For continuous employment, a normal wage adjustment mechanism shall be implemented.
Employers are not allowed to reassign dispatched workers to other employers.
Article 63: Dispatched workers have the right to equal pay for equal work as workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions within the unit. If the employing unit does not have workers in similar positions, the remuneration shall be determined based on the remuneration of workers in the same or similar positions in the place where the employing unit is located.
The labor contract and labor dispatch agreement signed between the labor dispatch unit and the dispatched worker, as well as the labor dispatch agreement signed with the employing unit, shall specify or agree that the labor remuneration paid to the dispatched worker shall comply with the provisions of the preceding paragraph.
Article 64: Dispatched workers have the right to participate in or organize trade unions in labor dispatch units or employing units in accordance with the law, and to safeguard their legitimate rights and interests.
Article 65: Dispatched workers may terminate their labor contracts with the labor dispatching unit in accordance with the provisions of Articles 36 and 38 of this Law.
If the dispatched worker falls under the circumstances stipulated in Article 39 and the first and second items of Article 40 of this Law, the employing unit may return the worker to the labor dispatching unit, and the labor dispatching unit may terminate the labor contract with the worker in accordance with relevant provisions of this Law.
Article 66: Labor contract employment is the basic form of employment for enterprises in China. Labor dispatch employment is a supplementary form that can only be implemented in temporary, auxiliary, or substitute job positions.
The temporary job positions specified in the preceding paragraph refer to positions that have a duration of no more than six months; Auxiliary job positions refer to non main business positions that provide services to main business positions; Alternative job positions refer to positions where employees of the employing unit are unable to work for a certain period of time due to reasons such as full-time study or vacation, and can be replaced by other employees.
The employing unit shall strictly control the number of dispatched workers and shall not exceed a certain proportion of its total employment. The specific proportion shall be determined by the labor administrative department of the State Council.
Article 67: Employers shall not establish labor dispatch units to dispatch workers to their own or affiliated units.
Article 68: Part time employment refers to a form of employment where wages are mainly calculated by the hour, and workers generally work an average of no more than four hours per day and a cumulative weekly working time of no more than 24 hours in the same employer.
Article 69: Both parties to part-time employment may enter into an oral agreement.
Workers engaged in part-time employment may enter into labor contracts with one or more employers; However, the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.
Article 70: The parties to a part-time employment shall not agree on a probationary period.
Article 71: Either party to a part-time employment contract may terminate the employment at any time by notifying the other party. Termination of employment, the employer shall not pay economic compensation to the employee.
Article 72: The hourly wage standard for part-time employment shall not be lower than the minimum hourly wage standard stipulated by the local people's government where the employer is located.
The settlement and payment period for labor remuneration for part-time employment shall not exceed fifteen days.
The labor administrative department of the local people's government at or above the county level is responsible for the supervision and management of the implementation of the labor contract system within its administrative region.
The labor administrative departments of the people's governments at or above the county level shall listen to the opinions of trade unions, representatives of enterprises, and relevant industry supervisory departments in the supervision and management of the implementation of the labor contract system.
Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law:
（1） The establishment and implementation of rules and regulations directly related to the vital interests of workers by employers;
（2） The situation of the employer and the employee entering into and terminating labor contracts;
（3） The compliance of labor dispatch units and employing units with relevant regulations on labor dispatch;
（4） The compliance of employers with national regulations on working hours, rest and vacation for employees;
（5） The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;
（6） The situation of employers participating in various social insurances and paying social insurance premiums;
（7） Other labor supervision matters stipulated by laws and regulations.
Article 75: When the labor administrative departments of local people's governments at or above the county level carry out supervision and inspection, they have the right to consult materials related to labor contracts and collective agreements, and have the right to conduct on-site inspections of workplaces. Both employers and workers shall truthfully provide relevant information and materials.
The staff of the labor administrative department shall present their credentials, exercise their powers in accordance with the law, and enforce the law in a civilized manner when conducting supervision and inspection.
Article 76: The relevant competent departments of construction, health, and safety production supervision and management of the people's governments at or above the county level shall, within their respective responsibilities, supervise and manage the implementation of the labor contract system by employers.
Article 77: If the legitimate rights and interests of workers are infringed upon, they have the right to request relevant departments to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.
Article 78: Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance of labor contracts and collective agreements by employers. If an employer violates labor laws, regulations, labor contracts, or collective agreements, the trade union has the right to put forward opinions or request correction; If workers apply for arbitration or file a lawsuit, the trade union shall provide support and assistance in accordance with the law.
Article 79: Any organization or individual has the right to report any violation of this Law. The labor administrative department of the people's government at or above the county level shall verify and handle it in a timely manner, and reward those who have made contributions to the report.
Article 80: If the rules and regulations of an employer that directly involve the vital interests of workers violate laws and regulations, the labor administrative department shall order correction and give a warning; Those who cause harm to workers shall be liable for compensation.
Article 81: If the labor contract text provided by the employer does not include the necessary clauses of the labor contract as stipulated in this Law, or if the employer fails to deliver the labor contract text to the employee, the labor administrative department shall order correction; Those who cause harm to workers shall be liable for compensation.
Article 82: If an employer fails to enter into a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
If an employer violates the provisions of this Law by not entering into an open-ended labor contract with an employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should have been entered into.
Article 83: If an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the illegally agreed probationary period has already been fulfilled, the employer shall pay compensation to the employee based on the employee's monthly salary during the probationary period, for the period exceeding the statutory probationary period that has already been fulfilled.
Article 84: If an employer violates the provisions of this Law by confiscating a worker's resident identity card or other identification documents, the labor administrative department shall order the return of the worker within a specified period of time and impose penalties in accordance with relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from an employee under the guise of guarantee or other means, the labor administrative department shall order it to return the property to the employee within a specified period of time and impose a fine of not less than 500 yuan but not more than 2000 yuan per person; Those who cause harm to workers shall be liable for compensation.
If an employee terminates or terminates their labor contract in accordance with the law and the employer seizes the employee's files or other items, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 85: If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay, or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference should be paid; If the payment is not made on time, the employer shall be ordered to pay compensation to the employee at a rate of not less than 50% and not more than 100% of the payable amount
（1） Failure to timely and fully pay labor remuneration to employees in accordance with the provisions of the labor contract or national regulations;
（2） Paying workers wages below the local minimum wage standard;
（3） Arranging overtime without paying overtime pay;
（4） Failure to pay economic compensation to the employee in accordance with this regulation for the termination or cancellation of the labor contract.
Article 86: If a labor contract is confirmed invalid in accordance with Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.
Article 87: If an employer terminates or rescinds a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee at twice the economic compensation standard stipulated in Article 47 of this Law.
Article 88: If an employer falls under any of the following circumstances, administrative penalties shall be imposed in accordance with the law:; If a crime is committed, criminal responsibility shall be pursued in accordance with the law; Those who cause harm to workers shall be liable for compensation:
（1） Forcing labor through violence, threats, or illegal restriction of personal freedom;
（2） Commanding or forcing risky operations in violation of regulations that endanger the personal safety of workers;
（3） Insulting, physically punishing, assaulting, illegally searching or detaining workers;
（4） Poor working conditions and severe environmental pollution have caused serious harm to the physical and mental health of workers.
Article 89: If an employer violates the provisions of this Law by failing to provide written proof of termination or rescission of the labor contract to the employee, the labor administrative department shall order it to make corrections; Those who cause harm to workers shall be liable for compensation.
Article 90: If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non compete restrictions stipulated in the labor contract, causing losses to the employer, the employee shall be liable for compensation.
Article 91: If an employer hires an employee whose labor contract with another employer has not been terminated or terminated, and causes losses to the other employer, the employer shall bear joint and several liability for compensation.
Article 92: Those who violate the provisions of this Law by engaging in labor dispatch business without permission shall be ordered by the labor administrative department to cease the illegal act, have their illegal gains confiscated, and be fined between one and five times their illegal gains; If there are no illegal gains, a fine of up to 50000 yuan may be imposed.
If labor dispatch units or employing units violate the relevant provisions of this law on labor dispatch, the labor administrative department shall order them to make corrections within a specified period of time; For those who fail to make corrections within the prescribed time, a fine of not less than 5000 yuan but not more than 10000 yuan per person shall be imposed, and the labor dispatch business license of the labor dispatch unit shall be revoked. If the employing unit causes damage to the dispatched worker, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
Article 93: Employers who do not have legal business qualifications shall be held legally responsible for their illegal and criminal acts in accordance with the law; If the worker has already put in labor, the unit or its investor shall pay the worker labor remuneration, economic compensation, and compensation in accordance with relevant provisions of this Law; Those who cause harm to workers shall be liable for compensation.
Article 94: If an individual contract operator violates the provisions of this Law by recruiting workers and causes damage to the workers, the contracting organization and the individual contractor shall bear joint and several liability for compensation.
Article 95: If the labor administrative department and other relevant competent departments and their staff neglect their duties, fail to perform their statutory responsibilities, or illegally exercise their powers, causing damage to workers or employers, they shall bear compensation liability; Directly responsible supervisors and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.
Article 96: If a public institution enters into, performs, modifies, terminates, or rescinds a labor contract with a staff member who adopts an employment system, in accordance with laws, administrative regulations, or other provisions of the State Council, such provisions shall apply; For matters not specified, relevant provisions of this Law shall apply.
Article 97: Labor contracts that have been lawfully concluded before the implementation of this Law and exist on the date of implementation of this Law shall continue to be performed; The number of consecutive fixed-term labor contracts stipulated in Article 14, Paragraph 2, Item 3 of this Law shall be calculated from the time of the subsequent signing of fixed-term labor contracts after the implementation of this Law.
If a labor relationship has been established before the implementation of this Law but a written labor contract has not yet been concluded, it shall be concluded within one month from the date of implementation of this Law.
If a labor contract existing on the date of implementation of this Law is terminated or rescinded after the implementation of this Law, and economic compensation should be paid in accordance with Article 46 of this Law, the period of economic compensation shall be calculated from the date of implementation of this Law; Prior to the implementation of this law, if the employer was required to pay economic compensation to the employee in accordance with relevant regulations at that time, the relevant regulations at that time shall apply.
Article 98: This Law shall come into effect on January 1, 2008.
