烟台大学法学院
法律硕士张川方
中华人民共和国劳动法2009
Labor Law of the People’s Republic of China(Revid in 2009)
Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1994, promulgated by No.28 Order of the President of the People’s Republic of China and become effective as of January 1, 1995.
Revid according to the Decision of the Standing Committee of the National People’s Congress on the Amendment of Several Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27th, 2009.
C-I General Provisions
Article 1
This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relationships(调整劳动关系), establish and safeguard a labor system(劳动制度)suited to the socialist market economy, and promote economic development and social progress. 2012-7-18 10:32:04
Article 2
(1) This Law applies to all enterpris and individual economic organizations (hereinafter referred to as employing units) within the territory of the People’s Republic of China
(2) State organs(国家机关), institutional organizations(事业组织) and societies(社会团体) as well as laborers who form a labor contract relationship therewith shall follow this Law.
Article 3
(1) Laborers shall have the right to be employed on an equal basis(平等就业), choo occupations, obtain remuneration for their labor, take rest, have vacations and leaves, obtain protection of occupational safety and health, receive training vocational skills(接受职业技能培训), enjoy social insurance and welfare, and submit applications for(提请) ttlement of labor disputes, and other labor rights as stipulated by law.
(2) Laborers shall fulfill their labor tasks, improve their vocational skills, follow rules(执行规程) on occupational safety and health, and obrve labor disciplines and professional ethics(职业道德). Article 4
The employing units shall establish and perfect rules and regulations(完善规章制度)in accordance with the law so as to ensure that laborers enjoy the labor rights and fulfill the labor obligations. Article 5
The State shall take various measures to promote employment, develop vocational education, lay down labor standards(制定劳动标准), regulate social incomes, perfect social insurance system, coordinate labor relationships, and gradually rai the living standard of laborers.
Article 6
The State shall advocate the participation of laborers in social voluntary labor and the development of labor competitions and activities of forwarding rational proposals; encourage and protect scientific rearch and technical renovation engaged by laborers as well as their inventions
and creations; and commend and award(表彰和奖励) labor models(劳动模范) and advanced workers(先进工作者).
Article 7
(1) Laborers shall have the right to participate in and organize trade unions in accordance with the law.
(2) Trade unions shall reprent and safeguard the legitimate rights and interests of laborers, and independently conduct(独立自主地开展) their activities in accordance with the law.
Article 8
Laborers shall, through the asmbly of staff and workers(职工大会) or their congress, or other forms in accordance with the provisions of the law, take part in democratic management or consult with the employing units on an equal footing(平等协商) about the protection of the legitimate rights and interests of laborers.
Article 9
(1) The labor administrative department of the State Council shall be in charge of the labor work(劳动工作) of the whole country.
(2) The labor administrative department of the local people’s government at or above the county level shall be in charge of the labor work in the administrative area under their respective jurisdiction(本行政区域内).
C-II Promotion of Employment
Article 10
(1) The State shall create conditions for employment and increa opportunities for employment by means of the promotion of economic and social development.
(2) The State shall encourage enterpris, institutional organizations, and societies to initiate industries(兴办产业) or expand business(拓展经营) for the increa of employment(增加就业) within the scope of the stipulations of laws and administrative rules and regulations.
(3) The State shall support laborers to get jobs by organizing themlves on a voluntary basis(自愿组织起来) or by engaging in individual business(个体经营).
Article 11
Local people’s governments at all levels shall take measures to develop various kinds of job-introduction agencies(职业介绍机构) and provide employment rvices(就业服务).
Article 12
Laborers shall not be discriminated against their ethnic community(民族), race, x, or religious belief in employment.
Article 13
(1) Females shall enjoy equal rights as males in employment.
(2) It shall not be allowed, in the recruitment of staff and workers, to u x as a pretext(以性别为由)for excluding females from employment or to rai recruitment standards for females, except for the types of work(工种) or posts that are not suitable for females as stipulated by the State.
Article 14
Where there are special stipulations in laws, rules and regulations(法规) on the employment of the disabled, the personnel of minority group, and the demobilized army(退役), such special stipulations shall apply.
关于送别的诗句Article 15
(1) No employing units shall be allowed to recruit juveniles under the age of 16.
(2) Units of literature and art(文艺), physical culture and sport(体育), and special arts and crafts(特种工艺) that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory education(义务教育).
C-III Labor Contracts and Collective Contracts
Article 16
(1) A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition(明确)of the rights and obligations of each party.
(2) A labor contract shall be concluded where a labor relationship is to be established.
Article 17
(1) Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation (协商一致), and shall not run counter to(违反)the stipulations of laws and administrative rules and regulations.
(2) A labor contract once concluded in accordance with the law shall posss legal binding force(法律约束力). The parties involved must fulfill the obligations as stipulated in the labor contract.
Article 18
(1) The following labor contracts shall be invalid:
(a) labor contracts concluded in violation of laws or administrative rules and regulations; and
(b) labor contracts concluded by resorting to(采取) such measures as fraud and intimidation(威胁).
(2) An invalid labor contract shall have no legal binding force from the very beginning of its conclusion.
(3) Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part shall remain valid.
(4) The invalidity of a labor contract shall be confirmed by the labor dispute arbitration committee or the people’s court.
Article 19
(1) A labor contract shall be concluded in written form and shall contain the following claus:
(a) term of a labor contract;
(b) content of work;
(c) labor protection and conditions of work(工作条件);
(d) labor remuneration;
(e) labor discipline;
(f) conditions for the termination of a labor contract; and
(g) responsibility for the violation of a labor contract.
(2) Apart from the required claus specified in the preceding paragraph, other content in a labor contract may be agreed upon through consultation(协商约定) by the parties involved.
Article 20
(1) The term of a labor contract shall be divided into fixed term(固定期限), flexible term(无固定期限) or taking the completion of a specific amount of work(一定的工作) as a term.
(2) In ca a laborer has kept working in the same employing unit for ten years or more and the parties involved agree to extend the term of the labor contract, a labor contract with a flexible term(无固定期限的劳动合同) shall be concluded between them if the laborer so requested.
Article 21
A probation period may be agreed upon in a labor contract. The longest probation period shall not exceed six months. 法律硕士张川方
Article 22
The parties involved in a labor contract may reach an agreement in their labor contract on matters concerning keeping the commercial crets of the employing unit.
至若春和景明
Article 23
A labor contract shall terminate upon(终止) the expiration of its term or the emergence of the conditions for the termination of the labor contract as agreed upon by the parties involved.
Article 24
A labor contract may be revoked upon(解除) agreement reached between the parties involved through consultation.
Article 25
The employing unit may revoke the labor contract with a laborer in any of the following circumstances:
(1) to be proved not up to the requirements for recruitment during the probation period;
软件项目计划书(2) to riously violate labor disciplines or the rules and regulations of the employing unit;
(3) to cau great loss to the employing unit due to rious dereliction of duty(严重失职)or engagement in malpractice for lfish ends(营私舞弊); and
(4) to be investigated for criminal responsibility in accordance with the law.
Article 26
In any of the following circumstances, the employing unit may revoke a labor contract but a written notification (以书面形式通知)shall be given to the laborer 30 days in advance:
(1) where a laborer is unable to take up his original work(从事原工作) or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work(非因工负伤);
(2) where a laborer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to another post(调整工作岗位); and
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(3) no agreement on modification of the labor contract can be reached through consultation by
the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed(发生重大变化) so that the original labor contract can no longer be carried out.
紫菜豆腐汤的做法Article 27
(1) Where the employing unit comes to the brink of bankruptcy(濒临破产) and is in the process of statutory consolidation(法定整顿), or where the employing unit runs deep into difficulties(发生严重困难) in production and management, and if reduction of its personnel(裁减人员) becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions(听取意见) therefrom and reported to the labor administrative department.
(2) Where the employing unit is to recruit personnel within six months after the personnel reduction has been effected(已实现)according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed.
Article 28
The employing unit shall make economic compensations(给予经济补偿) in accordance with the relevant provisions of the State if it revokes labor contracts according to the stipulations in Article 24, Article 26, and Article 27 of this Law.
Article 29
The employing unit shall not revoke the labor contract with a laborer in accordance with the stipulations in Article 26 and Article 27 of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work due to occupational dias(职业病) or injuries suffered at work(因工负伤);目前英文
(2) to be within the prescribed period of medical treatment for dias or injuries;
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(3) to be a female staff member or worker during pregnant, puerperal(分娩的，产后的), or breast-feeding period; or
(4) other circumstances stipulated by laws or administrative rules and regulations.
Article 30
The trade union of an employing unit shall have the right to air its opinions(提出意见) if it regards as inappropriate the revocation of a labor contract by the unit. If the employing unit violates laws, rules and regulations(法规) or labor contracts, the trade union shall have the right to request for reconsideration(要求重新处理). Where the laborer applies for arbitration or institutes a lawsuit, the trade union shall render him support and assistance(给予支持和帮助) in accordance with the law. Art
icle 31
A laborer who intends to revoke his labor contract shall give a written notice to the employing unit 30 days in advance.
Article 32
A laborer may notify at any time the employing unit of his decision to revoke the labor contract in any of the following circumstances:
万科面试
(1) within the probation period;
(2) where the employing unit forces the laborer to work by resorting to violence, intimidation or
