新勞動合同法中英文版-資料下載頁

【導讀】Page1of30. LAWOFTHEPEOPLE'SREPUBLICOFCHINAON. CongressonJune29,20xx. ByBaker&MCKenzie. Article1. Article2. Article3. Article4. Page2of30. equality.Article5. Article6

　　

【正文】 Trade union advance notice of the reason therefore. If the Employer violates laws, administrative statutes or the employment contract, the Trade union has the right to demand that the Employer rectify the matter. The Employer shall study the Trade union’s opinions and notify the Trade union in writing as to the oute of its handling of the matter. Article 44 An employment contract shall end if: (1) Its term expires。 (2) The Employee has menced drawing his basic old age insurance pension in accordance with the law。 (3) The Employee dies, or is declared dead or missing by a People’s Court。 (4) The Employer is declared bankrupt。 (5) The Employer has its business license revoked, is ordered to close or is closed down, or the Employer decides on early liquidation。 or (6) Another circumstance specified in laws or administrative statutes arises. Article 45 If an employment contract expires and any of the circumstances specified in Article 42 hereof applies, the term of the employment contract shall be extended until the relevant circumstance ceases to exist, at which point the contract shall end. However, matters relating to the ending of the employment contract of a Employee who has lost or partially lost his capacity to work as specified in item (2) of Article 42 hereof shall be handled in accordance with state regulations on workrelated injury insurance. Article 46 In any of the following circumstances, the Employer shall pay the Employee severance pay: (1) The employment contract is terminated by the Employee pursuant to Article 38 hereof。 (2) The employment contract is terminated after such termination was proposed to the Employee by the Employer pursuant to Article 36 hereof and the parties reached agreement thereon after consultations。 (3) The employment contract is terminated by the Employer pursuant to Article 40 hereof。 (4) The employment contract is terminated by the Employer pursuant to the first paragraph of Article 41 hereof。 (5) The employment contract is a fixed–term contract that ends pursuant to item (1) of Article 44 hereof, unless the Employee does not agree 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。 Page 10 of 30 (6) The employment contract ends pursuant to item (4) or (5) of Article 44 hereof。 (7) Other circumstances specified in laws or administrative statutes. Article 47 A Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year. The severance pay payable to a Employee for any period of less than six months shall be onehalf of his monthly wages. If the monthly wage of a Employee is greater than three times the average monthly wage of employees in the Employer’s area as published by the People’s Government at the level of municipality directly under the central government or municipality divided into districts of the area1 where the Employer is located, the rate for the severance pay paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work. For the purposes of this Article, the term “monthly wage” means the Employee’s average monthly wage for the 12 months prior to the termination or ending of his employment contract. Article 48 If an Employer terminates or ends an employment contract in violation of this Law and the Employee demands continued performance of such contract, the Employer shall continue performing the same. If the Employee does not demand continued performance of the employment contract or if continued performance of the employment contract has bee impossible, the Employer shall pay damages pursuant to Article 87 hereof. Article 49 The state will take measures to establish a prehensive system that enables Employees’ social insurance accounts to be transferred from one region to another and to be continued in such other region. Article 50 At the time of termination or ending of an employment contract, the Employer shall issue a proof of termination or ending of the employment contract and, within 15 days, carry out the procedures for the transfer of the Employee’s file and social insurance account. The Employee shall carry out the procedures for the handover of his work as agreed by the parties. If relevant provisions of this Law require the Employer to pay severance pay, it shall pay the same upon pletion of the procedures for the handover of the work. The Employer shall keep terminated or ended employment contracts on file for not less than two years, for reference purposes. CHAPTER 5 SPECIAL PROVISIONS SECTION 1 COLLECTIVE CONTRACT Article 51 After bargaining on an equal basis, enterprise employees, as one party, and their Employer Page 11 of 30 may conclude a collective contract on such matters as labor pensation, working hours, rest, leave, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the employee representative congress or all the employees for discussion and approval. A collective contract shall be concluded by the Trade union, on behalf of the enterprise’s employees, and the Employer. If the Employer does not yet have a Trade union, it shall 1 Translator’s note: The phrase “of the area” does not appear in the Chinese text. It has been added by us in view of the context. Conclude the collective contract with a representative put forward by the Employees under the guidance of the Trade union at the next higher level. Article 52 Enterprise employees, as one party, and thei