| Chinese to English Translation (中译英) |
The State Council 第十一条 劳动保障行政部门对下列事项实施劳动保障监察： Article 11 Labor and Social Security Administrative Departments shall exercise supervision over the following matters: （一）用人单位制定内部劳动保障规章制度的情况； (1)whether the employer formulates internal labor and social security regulations; （二）用人单位与劳动者订立劳动合同的情况； (2) whether the employer concludes a labor contract with the laborer; （三）用人单位遵守禁止使用童工规定的情况； (3) whether the employer abides by the regulations about not employing child labor; （四）用人单位遵守女职工和未成年工特殊劳动保护规定的情况； (4) whether the employer abides by the regulations about special protection for female staff and workers and juvenile workers; （五）用人单位遵守工作时间和休息休假规定的情况； (5) whether the employer honors the regulations about working hours, rest and vacation; （六）用人单位支付劳动者工资和执行最低工资标准的情况； (6) whether the employer pays the employee's wages and abides by minimum wage standards; （七）用人单位参加各项社会保险和缴纳社会保险费的情况； (7)whether the employer takes part in social insurance and pays social insurance premiums; （八）职业介绍机构、职业技能培训机构和职业技能考核鉴定机构遵守国家有关职业介绍、职业技能培训和职业技能考核鉴定的规定的情况； (8)whether employment service companies, vocational training companies and vocational qualification certification institutions abide by the provisions of the State about employment services, vocational training, and vocational qualification certification; and （九）法律、法规规定的其他劳动保障监察事项。 (9) Other labor and social security matters that are covered by laws, regulations. 第二十四条 用人单位与劳动者建立劳动关系不依法订立劳动合同的，由劳动保障行政部门责令改正。 Article 24 Where the employer, in violation of the stipulations of law, fails to conclude a labor contract with the laborer, the labor and social security administrative department shall order it to rectify the situation.
最高院 最高人民法院关于审理劳动争议案件适用法律若干问题的解释 第十六条劳动合同期满后，劳动者仍在原用人单位工作，原用人单位未表示异议的，视为双方同意以原条件继续履行劳动合同。一方提出终止劳动关系的，人民法院应当支持。 The Supreme People’s Court The Supreme Court’s explanations on the applicable laws concerning labor dispute cases. Article 16 Where the labor contract expires and the laborer continues to stay with the employer, which has not raised objections, it is deemed that both parties agree to implement the labor contract with the previously agreed conditions. Where one party requests to terminate the labor relationship, the People’s Court shall be supportive. 劳动部 工资支付暂行规定 第六条 用人单位应将工资支付给劳动者本人。劳动者本人因故不能领取工资时，可由其亲属或委托他人代领。用人单位可委托银行代发工资。用人单位必须书面记录支付劳动者工资的数额、时间、领取者的姓名以及签字，并保存两年以上备查。用人单位在支付工资时应向劳动者提供一份其个人的工资清单。 Ministry of Labor Provisional Regulations on Wage Payments Article 6 The employer shall pay the wages to the laborers. Where the laborers cannot collect their wages in person for some reason, they may entrust their relatives or other people to get the wages for them. The employer can entrust a bank to give out the wages. The employer shall keep a written record of the amount paid to the laborers, time, names of the persons who collect the wages and their signatures, and shall keep the records on file for at least two years for future reference. The employer shall provide the laborers with a salary slip when it pays the laborers. 各地规定 Regulations in Different Places: 上海市劳动合同条例
Labor Contract Regulations of Shanghai City: Article 14 The parties to a labor contract may stipulate the service period of the laborers for whom the employer paid the expenses of recruitment and employment, and training or to whom the employer provided special treatment.
第十七条 劳动合同对劳动者的违约行为设定违约金的,仅限于下列情形: (一)违反服务期约定的; (二)违反保守商业秘密约定的。 Article 17 The payment of penalties by the laborer in the event of breach of contract on his part may only be stipulated in the labor contract under the following circumstances: 1. Violating the term of service period; and 2. Violating the terms of confidentiality with regard to commercial secrets. 第二十七条 应当订立书面劳动合同而未订立,但劳动者按照用人单位要求履行了劳动义务的,当事人的劳动合同关系成立,劳动者的劳动报酬和劳动条件,按照下列规定确认: (一)劳动报酬和劳动条件高于用人单位规章制度、集体合同规定或者法定劳动标准相应内容的,按照实际已经履行的内容确认; (二)劳动报酬和劳动条件低于用人单位规章制度、集体合同或者法定劳动标准的,按照有利于劳动者的原则确认。
Article 27 Where a laborer, without signing a written labor contract that should be signed, has performed the labor obligations as required by the employer, the labor contract relationship between the parties is established, and the laborer's labor remuneration and conditions shall be confirmed according to the following provisions: 1. Where the labor remunerations and conditions are higher than those stipulated by the employer’s rules and regulations, the terms of the collective contract or the corresponding contents of legal labor standards, they shall be ascertained according to the actual performed duties; and 2. Where the labor remunerations and conditions are lower than those stipulated by the employer’s rules and regulations, collective contract or legal labor standards, they shall be ascertained in favor of the laborer.
第四十条 应当订立劳动合同而未订立的,劳动者可以随时终止劳动关系。 应当订立劳动合同而未订立的,用人单位提出终止劳动关系,应当提前三十日通知劳动者,但劳动者具有第三十九条规定情形之一的,劳动关系应当顺延至该情形消失。 Article 40 Where a labor contract is not concluded when it should be concluded, the laborer may terminate the labor relationship at any time. Where the employer initiates the termination of the labor relationship, the employer shall notify the laborer 30 days in advance. However, under any one of the situations provided in Article 39, the labor relationship shall be postponed until the cessation of the situation. 第五十六条 用人单位未按照本条例规定与劳动者订立书面劳动合同的,由劳动保障行政部门责令限期改正,并可以按每人五百至一千元处以罚款。 Article 56 Where the employer does not sign a labor contract with the laborer in accordance with the stipulations of this law, the labor social security administrative department shall order it to rectify the situation, and impose a fine of RMB500 – RMB1,000 on the employer per laborer.
上海市劳动合同规定（已废止） 第十九条 有下列情形之一的，用人单位可以解除劳动合同，但是应当提前30日以书面形式通知劳动者本人： Shanghai labor contract regluations (already rescinded) Article 19 In any of the following circumstances, the employer may cancel the labor contract, however, a written notice shall be given to the laborer concerned 30 days in advance. (1)Where the laborer is unable to take up his original work or any work specially arranged by the employer after completion of the period of his medical treatment for illness or not work-related injury; (2)Where a laborer is unqualified for his work and remains unqualified even after receiving training or after readjusting the work post; and (3)Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labor contract cannot be carried out, and the parties can reach no agreement on modification of the labor contract through consultation. 第二十条 用人单位濒临破产进行法定整顿期间或者生产经营状况发生严重困难，确需裁减人员的，应当提前30日向工会或者全体职工说明情况，听取工会或者职工的意见，经向劳动行政部门报告后，可以裁减人员，解除劳动合同。用人单位依据前款规定裁减人员，在6个月内录用人员的，应当优先录用被裁减的人员。 Article 20 Where it is really necessary for an employer to reduce the size of its workforce when it comes to the brink of bankruptcy and undergoes a statutory consolidation or runs deep into difficulties in production and management, the employer shall explain the situation to the trade union or all of its staff and workers 30 days in advance, solicit opinions from them and report to the administrative department of labor before it may reduce the size of its workforce. Where the employer that reduced the size of its workforce in accordance with the preceding article is to recruit personnel within six months, it shall give priority of employment to the persons who have bee laid off. 第二十一条（不得解除合同的情形） 劳动者有下列情形之一的，用人单位不得依据本规定第十九条、第二十条的规定解除劳动合同： （四）在本单位工作满10年、距法定退休年龄3年以内的； Article 21 Where a laborer is under any of the following circumstances, the employer shall not cancel its labor contract with the laborer by availing itself of the stipulations in Article 19 and Article 20 of this law.
(4)Having worked for the employer for 10 years, and being 3 years within retirement age. 上海市企业工资支付办法 五、用人单位应当书面记载支付劳动者工资的数额、项目、时间、本人姓名等，并按有关规定保存备查。单位不管以何种形式发放工资，都应当向劳动者提供一份本人的工资清单。 Wage Payment Methods of Enterprises in Shanghai City 5. The employer shall keep a written record of the amount of the laborers’ wages, payment time, names of the laborers and so on, and shall keep the records in accordance with relevant provisions, for future reference. The employer shall provide the laborer a salary slip, regardless of how the salary is paid. 江苏省劳动合同条例 Labor Contract Regulations in Jiangsu Province 第十八条 当事人可以对双方的违约行为约定违约金。 Article 18 The parties to the labor contract may agree on penalties for
breach of contract. The payment of penalties by the laborer for his actions in breach of
contract may only be stipulated in the labor contract under the following
circumstances: 1. Violating the term of service period; and 2. Violating the terms of keeping commercial secrets or upholding industry competition regulations. The penalty amount shall be stipulated according to the principle of being fair and reasonable. 第三十七条 劳动合同期限届满前，用人单位应当提前三十日将终止或者续订劳动合同意向以书面形式通知劳动者，到期办理终止或者续订劳动合同手续。 Article 37 Where the labor contract is about to expire, the employer shall inform the laborer in writing of its intent to terminate or renew the labor contract 30 days in advance, and shall finish the formalities of terminating or renewing the contract before the expiration date.
Where the labor contract has expired, and the employer has not terminated or renewed the labor contract with the laborer, who still works with the employer, it shall be deemed that the parties to the labor contract agree to renew the contract with the same clauses except the expiration date of the contract. While the laborer may terminate the labor relationship at any time, the employer shall give a written notice to the laborer 30 days in advance if it is to terminate the labor relationship.
第三十八条 有下列情形之一的，用人单位应当按照劳动者在本单位的工作年限，每满一年发给劳动者相当于一个月工资的经济补偿金： Article 38 The employer shall, under any of the following circumstances, pay the laborer economic compensations that are equivalent to one month’s salary, based on the years the laborer has worked for the employer.
（一）违反服务期约定的； （二）违反保守商业秘密约定的； （三）法律、法规、规章规定可以设定违约金的其他情形。 违约金额的设定应当遵循公平、合理的原则。 Labor Contract Regulations of Zhe Jiang Province Article 16 The payment of a penalty by the laborer for his breach of contract may only be stipulated in the labor contract under the following circumstances: 1. Violating the term of service period; and 2. Violating the term of keeping commercial secrets; 3. Other circumstances stipulated by laws, regulations and rules.
Penalty for breach of contract shall be stipulated according to the principle of being fair and reasonable.
第十九条 未订立劳动合同，但劳动者已按照用人单位的要求提供劳动服务的，分别作如下处理： （一）劳动者要求签订劳动合同的，用人单位不得以无劳动合同为由解除劳动关系，并应当与劳动者补签劳动合同，期限从劳动者提供劳动服务之日始； （二）劳动者不愿补签劳动合同的，用人单位不得继续留用，但应当向该劳动者支付应得的报酬，并缴纳相应的社会保险费。 Article 19 Where a labor contract has not been concluded,but the laborer has already provided service to the employer, as requested, the case shall be dealt with in the following ways: (1) Where the laborer requests to conclude a labor contract, the employer shall not terminate the labor relationship by reason of not having a labor contract. The employer shall conclude a labor contract with the laborer. The contract period shall start from the first day the laborer provided service to the employer.
(2) Where the laborer is not willing to conclude a labor contract, the employer shall not continue to employ the laborer, and shall pay the laborer the due remunerations and pay social insurance premiums. 第二十五条 有下列情形之一的，用人单位可以解除劳动合同，但应当提前30日以书面形式通知劳动者： （一）劳动者患病或者非因工负伤，医疗期满后，不能从事原工作也不能从事用人单位另行安排的适当工作的； （二）劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的； （三）劳动合同订立时所依据的客观情况发生重大变化，致使原劳动合同无法履行，经当事人协商不能就变更劳动合同达成协议的。 用人单位按前款规定解除劳动合同，未提前30日书面通知劳动者的，解除行为无效，用人单位应当继续履行劳动合同约定的义务或者赔偿劳动者的损失。 Article 25 In any of the following circumstances, the employer may cancel the labor contract, however, a written notice shall be given to the laborer concerned 30 days in advance. (1)Where the laborer is unable to take up his original work or any work specially arranged by the employer after completion of the period of his medical treatment for illness or non-work-related injury;
3)Where the objective conditions taken as the basis for the conclusion of the contract have changed so greatly that the original labor contract cannot be carried out, and the parties can reach no agreement on modification of the labor contract through consultation.
Where the employer cancels the labor contract according to the preceding article, but fails to give the laborer a written notice 30 days in advance, the cancellation shall be deemed as invalid. The employer shall continue to implement the obligations stipulated by the labor contract and pay compensations to the laborer. 第二十六条 用人单位有下列情形之一，确需裁减人员的，应当提前30日向工会和全体职工说明情况，公布裁减人员方案，听取工会及职工意见，经向劳动保障部门报告后，可以裁减人员： （一）濒临破产进行法定整顿期间； （二）生产经营状况发生严重困难； （三）法律、法规、规章规定的其他情形。 依据前款规定裁减人员的用人单位，在六个月内录用人员的，应当优先录用本单位的被裁减人员。 Article 26 Where it is necessary for an employer to reduce the size of the workforce, under any of the following circumstances, the employer shall explain the situation to the trade union or all of its staff and workers 30 days in advance, solicit opinion from them and report to the administrative department of labor before it may reduce the size of the workforce: (1)Where the employer is on the brink of bankruptcy and undergoing a statutory consolidation; (2)Where the employer runs deep into difficulties in production and management (3)Other circumstances stipulated by laws, administrative rules and regulations.
第二十九条 劳动者有下列情形之一的，用人单位不得依据本办法第二十五条、第二十六条的规定解除劳动合同： （一）患职业病或者因工负伤被确认完全丧失或者部分丧失劳动能力的； （二）患病或者非因工负伤，在规定医疗期内的； （三）女职工在符合计划生育规定的孕期、产期和哺乳期内的； （四）已经签订无固定期限劳动合同的； （五）法律、法规、规章规定的其他情形。
Article 29 Where a laborer is under any of the following circumstances, the employer shall not cancel its labor contract with the laborer by applying the stipulations in Article 25 and Article 26 of this law. (1) Being confirmed to have totally or partially lost the ability to work due to occupational diseases or work-related injuries; (2)Receiving medical treatment for disease or injuries within the prescribed period of time; (3)Being a female staff member or worker, not in violation of family planning regulations, during pregnancy, puerperal, or breast-feeding period; (4)Having concluded a non fixed-term labor contract (5)Other circumstances stipulated by laws, administrative rules and regulations.
北京市工资支付规定 第八条 用人单位应当以货币形式支付工资，不得以实物、有价证券等代替货币支付。 Regulations about wage payment of Beijing City 第十三条 用人单位应当按照工资支付周期编制工资支付表，并至少保存二年备查。工资支付表应当主要包括用人单位名称、劳动者姓名、支付时间以及支付项目和金额、加班工资金额、应发金额、扣除项目和金额、实发金额等事项。 Article 13 The employer shall compile wage payment records according to the wage payment cycles, and keep wage payment records on file for at least two years for future reference. Wage payment records shall include the name of the employer, the name of the laborer, payment time, payment items and amount, overtime wages, wages payable, items payable and amount, wages paid etc.
The laborer shall have the right to inquire about his own wage payment records.
北京市劳动合同规定 Beijing Labor Contract Regulations Article 19 When concluding a labor contract, the parties to the labor contract may lay down in the contract liabilities for breach of contract when the laborer terminates the contract ahead of the expiration date of the contract. The penalty for breach of contract shall not exceed the total amount of the 12 months’ wages before the termination, unless otherwise agreed upon by the parties to the labor contract. 第三十三条 劳动者有下列情形之一的，用人单位不得依据本规定第三十一条、第三十二条的规定解除劳动合同： Article 33 Where a laborer is under any of the following circumstances, the employer shall not cancel its labor contract with the laborer by applying the stipulations in Article 31 and Article 32 of this law. （一）患职业病或者因工负伤并被确认达到伤残等级的； (1) Being confirmed as disabled due to occupational diseases or work-related injuries （二）患病或者负伤，在规定的医疗期内的； (2) Receiving medical treatment for diseases or injuries within the prescribed period of time （三）女职工在孕期、产期、哺乳期内的； (3) Being a female staff member or worker during her pregnancy, puerperal, or breast-feeding period; or （四）应征入伍，在义务服兵役期间的； (4) Being drafted into military service, within the prescribed period of compulsory military service. （五）复员、转业退伍军人退伍后初次参加工作未满3年的； (5) Being demobilized soldiers; having worked for less than 3 years since demobilization; （六）建设征地农转工人员初次参加工作未满3年的； (6) Being a farmer-turned worker due to land requisition and having worked for less than 3 years; （七）在同一单位连续工作满10年以上，且距法定退休年龄5年以内的； (7) Having worked with the same unit for more than 10 years, and being 5 years within retirement age. （八）实行集体合同制度的企业，职工一方协商代表在劳动合同期限内自担任代表之日起5年以内的； (8) In an enterprise using the collective labor contract system; being an employee negotiation representative within five years of the contract period, starting from the day the employee becomes the representative; （九）国家和本市规定的其他情形。 (9) Other circumstances stipulated by the city or the state. 第四十五条 劳动合同期限届满，因用人单位的原因未办理终止劳动合同手续，劳动者与用人单位仍存在劳动关系的，视为续延劳动合同，用人单位应当与劳动者续订劳动合同。当事人就劳动合同期限协商不一致的，其续订的劳动合同期限从签字之日起不得少于1年；劳动者在用人单位连续工作满10年以上，劳动者要求续订无固定期限劳动合同的，用人单位应当与其续订无固定期限劳动合同。 Article 45 Where the labor contract expires, the employer has not terminated the contract for some reason, and the labor relationship still exists between the parties to the labor contract, it shall be deemed that the labor contract is renewed, and the employer shall renew the contract with the laborer. Where the parties to the contract cannot agree on the contract period, the contract period shall not be shorter than a year, starting from the date of signature. Where the laborer has worked with the employer for more than 10 years and requests to conclude a non fix-term labor contract, the employer shall conclude a non fixed-term labor contract. 用人单位经与劳动者协商一致，可以解除劳动关系，并向劳动者支付经济补偿金；劳动者要求解除劳动关系的，劳动关系即行解除，用人单位可以不支付经济补偿金。 Where the employer and the laborer reach an agreement through consultation, the parties to the labor contract may terminate the labor relationship. The employer shall pay the laborer economic compensations. Where the laborer requests to terminate the labor relationship, the labor relationship shall be terminated immediately, and the employer does not need to pay economic compensations.
安徽省劳动合同条例
Labor Contract Regulations of Anhui Province The payment of penalties by the laborer for his breach of contract may be stipulated in the labor contract for any of the following circumstances: 1. Violating the terms of service period; and 2. Violating the term of keeping commercial secrets; 3. Other circumstances stipulated by laws and rules 山东省劳动合同条例 Labor Contract Regulations of Shandong Province 辽宁省劳动合同规定 (一)用人单位为录用劳动者直接支付的费用； (二)用人单位为劳动者支付的培训费用； (三)对生产、经营和工作造成的直接经济损失。
Labor Contract Regulations in Liao Ning Province (1)Where the employer has paid expenses directly for employing the laborer; (2)Where the employer has paid for the laborer’s training; (3)Where direct economic losses are caused to production, management and work.
厦门市企业工资支付条例 第十四条 用人单位支付劳动者工资时，应当向劳动者提供个人的工资清单。工资清单应当包括工资支付日期、支付项目、应发工资、实发工资、扣除工资等主要内容。 用人单位应当统计劳动者工资支付数据，编制工资支付表。工资支付表应当载明支付单位、支付时间、支付对象的姓名、工作天数或者完成的工作量、加班时间，以及应发和扣除的项目、金额等事项，并按国家规定的期限保存备查。 用人单位有义务接受劳动者有关工资支付问题的咨询。
Wage payment regulations of Xiamen City Article 14 When the employer pays the laborer's wages, it shall provide the laborer with a salary slip, which shall include payment dates, payment items, wages payable, wages paid, wages deducted, etc.
The employer shall collect data about wage payment, compile wage payment records, which shall indicate the unit that pays the wages, payment time, names of payment recipients, working days, or work done, overtime hours, items payable, items deductible, amount, and keep the records on file for future reference, within the prescribed period. The employer shall be obligated to deal with the laborer’s inquiries about their wages. 深圳市员工工资支付条例 第十五条 用人单位支付工资应当制作工资支付表。
Wage payment records shall include the name of the unit which pays the wages, the hours when the wage payment is made, the names of the laborers, normal working hours, overtime hours, normal wages, overtime wages, items payable, items deductible, amount and wage account, etc. Wage payment records shall be kept on file for at least two years. The employer shall provide the laborer with his salary slip; the laborer
shall sign the salary slip. The contents of the salary slip shall be the
same as those of the wage payment records. Where the laborer raises objections
against the salary slip, the employer shall reply to the laborer.
第二十七条 劳动合同期满前30日内,劳动合同双方应就是否续订劳动合同进行协商。经协商达成续订劳动合同协议的,用人单位应在劳动合同期满前与劳动者办理续订劳动合同手续。 Article 27 The parties to the labor contract shall decide whether to renew the labor contract through consultation, 30 days before the expiration date of the labor contract. Where the parties agree to renew the contract after consultation, the employer shall conclude the renewed labor contract with the laborer before the expiration date of the labor contract. 劳动合同期满,用人单位未通知劳动者终止或续订劳动合同,已形成事实劳动关系的,经双方协商一致,可再签订劳动合同。双方协商不一致的,可以解除劳动合同,用人单位按国家规定支付经济补偿金 Where the labor contract has expired, and the employer has not informed the laborer of termination or renewal of the contract, and a de facto labor relationship has been established, the parties may conclude a new labor contract through consultation. Where the parties fail to reach an agreement through consultation, the labor contract may be cancelled. The employer shall pay the laborer economic compensations according to relevant provisions of the State. www.chinagemini.com 双子高级翻译工作室 |