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GHD hair PRC Labor Contract Law

 
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Dołączył: 14 Gru 2010
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PostWysłany: Śro 4:53, 29 Gru 2010    Temat postu: GHD hair PRC Labor Contract Law

second PRC enterprises, individual economic organizations, private non-enterprise organizations (hereinafter referred to as employers) and a labor relationship, enter into, perform, modify , discharge or termination of labor contracts by this Law.
state organs, institutions, social organizations and labor relations workers, enter into, perform, modify, discharge or termination of labor contracts, in accordance with this Law.
To establish a labor relationship shall conclude a written labor contract.
labor bond has been established, not to conclude a written labor contract, it shall within one month from the date of employment entered into a written employment contract.
employers and workers in the labor contract entered into before the employment,[link widoczny dla zalogowanych], labor relations since the establishment of the date of employment.
sixty-seventh employing unit shall not establish staffing unit to the unit or subordinate units to send workers.
forty unilaterally terminate the labor contract, a prior notice of the reasons unions. Employer violates laws, administrative regulations or the labor contract, the union has the right to require the employer to correct. The employer shall scenerys of trade unions and trade union written notice of the results.
fifty After a collective contract shall be submitted to the labor administrative department; the labor administrative department of the receipt of the collective contract is not made within fifteen days from the date of objection, the collective contract shall become effective.
collective contract law on the employer and the employee is binding. Industrial or regional collective contract in the industry, the region's employers and workers is binding.
The state will take measures to establish a sound social insurance of workers to transfer across regions.
Chapter VI Supervision and Inspection
sixty-sixth dispatched workers shall assume the temporary, auxiliary or alternative job positions.
Twenty-four officers

Article employer from the date of employment is a labor relations. Employers should establish a roster of employees for future reference.
provisions of a labor contract are invalid and not affect the validity of the other parts remain valid.
manufacture contractivity by the employer and the employee consensus and by the employers and workers in the position detract abase signed or sealed the entry into force of the text.
text of the labor contract by the employer and the worker shall hold one copy.
If a dispatching units to send laborers across regions, the laborer's labor remuneration and working conditions, according to the location of labor units standards.
fourth ten of the following circumstances, the employer thirty days in advance written notice to the workers themselves or pay an additional month's salary after the employee may terminate the labor Contract:
(a) the employee is sick or non-work related injury, after the expiration of the prescribed medical treatment is not in the birthal work, nor can be varyd by the employer's work; <br \significant changes, resulting in inability to perform the labor contract, the employer and the worker, in consultation unable to reach an agreement amending the labor contract.

Unit and a twenty-ninth of workers labor contract shall fully perform their respective obligations.
-time employment
unions shall assist and guide workers and employers to conclude and perform labor contrrules and collective bargaining with the employer to establish mechanisms to safeguard the lterrible rights and interests.
areas below the county level, construction, mining, catering services, etc. can be entered into trade unions and representatives of enterprises in the industry collective contract or enter into regional collective contracts.
The employing unit
Article XVI
第七十七条 are infringed upon legitimate rights and interests of workers, the right to ask the relevant departments according to law, or to apply for arbitration proceedings.
The employing unit
seventeenth labor contract shall have the following terms:
(a) the employer's name, address and legal representative or main person in charge;
(b) The name, address and identity card or other valid identity document;
(c) of the labor contract;
(d) The job description and place of work;
(e) working hours, rest and leave;
(vi) labor remuneration;
; (g) social insurance;
(h) labor protection, working conditions and protection against occupational hazards;
(i) laws and regulations should be Other matters included in the labor contract. Notwithstanding the foregoing, the labor contract
essential terms, the employer and the employee may agree to probation, training, confidentiality, supplementary insurance and benefits and other matters.
Chapter VII liability
employing unit violates the collective contract, violations of labor rights and interests, the unions can demand the employer to bear the responsibility according to law; implement the collective contract dispute is not resolved by negotiation , trade unions may apply for arbitration proceedings.
seventy-fifth
Labor contracts are divided into fixed-term contract, no fixed term labor contract and to complete the task as the term of the contract.
第七十一条-time labor by both parties either party may terminate employment at any time notify the other party. Termination of employment, the employer not to pay economic compensation.

fifty-ninth Dispatching Units shall be dispatched workers accept the form of labor dispatching units (hereinafter referred to as labor units) entered into a placement agreement. Dispatch dispatch agreement shall stipulate the number of posts and personnel, dispatch time, the labor remuneration and social insurance premiums and the amount and payment responsibility for breach of the agreement.
employer shall work according to the actual needs and staffing firms determine the dispatch period of continuous employment shall conclude several short-term dispatch agreements.
fixed term labor contract is agreed the employer and the worker's labor contract termination time.
consensus employer and the employee may conclude a fixed term labor contract.

first to improve the labor contract system clarifies the rights of parties to employment contracts and obligations to protect the legitimate rights and interests of workers, build and develop harmonious and stable labor relations, Republic of China.
Unit fails while in the employment a written labor contract, agreed upon with the employee remuneration is not clear, the new worker's remuneration in accordance with the collective standards stipulated in the contract; there is no collective contract or the collective contract does not specify, the implementation of equal pay.
Chapter V Special Provisions
forty-one of the following circumstances, the employer shall not be ten in accordance with Article IV, 第四十一条 provisions of labor contracts:
; (a) is engaged in occupational disease hazards to workers not undergo examistate before the occupational health, or suspected occupational ailment diagnosis or medical observation;
(b) The occupational disease or work related injury and was confirmed to have totally or partially lost the ability to work;
(c) non-work related injury or disorder, the prescribed period of medical treatment;
(d) of female workers during pregnancy, childbirth, breast-feeding;
(e) In this unit for over fifteen years, and the statutory retirement age of less than five years;
(vi) laws and administrative regulations of the other cases.
Section
Date issued
Chapter IV Dissolution and Termination of Employment Contract
Article
sixty Accepting Units shall perform the following duties:
(a) implement state labor standards and provide appropriate working conditions and labor protection;
(b) notify the dispatched workers to the job requirements and labor remuneration;
(c) the payment of overtime, performance bonuses and provide job-related benefits treatment;
(d) of the dispatched workers to work with the training necessary;
(e) of continuous placement, implement a normal wage adjustment mechanism .
Accepting Units may not be dispatched workers could be sent to any other employer.

competition restrictions limited the employer's senior management, senior technical staff and other personnel confidentiality obligation. The scope, territory and term of contract by the employer and the employee,[link widoczny dla zalogowanych], non-contest agreement must not violate laws and regulations.
the dissolution or termination of labor contracts, the preceding paragraph, the personnel to operate with the unit production or similar products, engage in business competing with the other employer, or the production or operating their own business similar products in the same type of business, shall not exceed two years.
The employing unit
twenty-six following a labor contract is invalid or partially invalid:
(a) by fraud, coercion or exploitation, so that the other In the case of violation of the true meaning or change the employment contract entered into;
(b) the employer disclaims its legal liability and denies the rights of workers;
( c) The violation of laws and administrative regulations mandatory provisions.
of a labor contract dispute invalid or partially invalid, the labor dispute arbitration institution or people's court.


Fifty-Provisions Governing
Article XIX
】 【2007.06.29
】 【timely and effective implementation date

【Key Words】 【】 2008.01.01
111801200701


【】 【expiration date content positionification

a labor protection law enacted Unit】 【NPC

【Number】 Law of the People第六 fifteenth

thirty-ninth, one of the following circumstances, the employer may terminate the labor contract:
(a) during the probationary period been shown to not meet the conditions of employment;
(b) serious violations of rules and regulations of the employer;
(c) a serious dereliction of employment, fraud to the employer cause significant harm;
(d) the employee simultaneously with other employers to establish labor connections, on the completion of this unit a serious impact on the work of the toil, or abnormale by the employer wastes to correct;
(e) In the first paragraph of Article Six provided the first causes the labor contract is invalid;
(f) be punished according to the criminal responsibility.
PRC Labor Contract Law
(2007 年 6 of 29 Janudiffer the Tenth National People's Congress passed the twenty-eighth session)
ten part-time labor may not stipulate a probation period.
The laborers
bargaining on
Labor Dispatching
labor contract labor remuneration and working conditions of the standard agreement is not clear such a dispute arises, the employer and the employee may renegotiate; negotiation fails, the provisions of the collective contract regulations; there is no collective contract or the collective contract is silent on labor remuneration, the implementation of equal pay; there is no collective contract or the collective contract is silent on labor conditions and other standards, the applicable national regulations.
Dispatching shall be informed of the dispatch agreements were dispatched employees.
labor dispatching units may withhold payment under the dispatch agreement was sent to the remuneration to the workers.
Staffing firms and Accepting Units may not charge fees to the dispatched workers.
twenty-two employers to provide special training expenses for workers, its professional and technical training, it may enter into an agreement with the employee, contract of service.
employee violates the service agreement, shall be in accordance with the contract to the employer to pay liquidated damages. The amount of liquidated damages shall not exceed the cost of training provided by the employer. Employer requires the employee to pay the liquidated damages shall not exceed the service had not fulfilled their part of the training costs to be assessed.
employer and the employee agreed period of service, does not affect the normal wage adjustment mechanism in accordance with workers during the service period to improve the labor remuneration.
Article VIII when hiring the employee, it shall truthfully inform him as job content, working conditions, workplace, occupational hazards, production safety conditions, labor compensation, and workers other information as required; employers right to know the workers and the labor contracts directly related to the basic situation, the worker shall truthfully provide.
第七 eighteen trade unions shall safeguard the lawful rights and interests of the employing unit to perform the labor contracts and collective contracts monitor the situation. Employer violates labor laws, regulations and labor contracts, collective contracts, trade unions have the right to comment or require; laborer applies for arbitration, litigation, the union shall be given support and help.

sixty-eighth Stipulations not of full-time employment refers to the hourly rates the main employer of workers in the same general working hours per day on average no more than four hours total working hours per week no more than twenty four hours of labor form.
thirty-fifth Unit and a laborer by consensus, can change the contents of the labor contract. Changes in the labor contract shall be in written form.
text of the labor contract after the change by the employer and the worker shall hold one copy.
seventy-ninth Any organization or individual in violation of this Act have the right to report the people's governments above the county level labor administrative defractionment shall timely check and handle, and report active personnel will be awarded.
Article XIV without a fixed term labor contract is the employer and the employee agreed not to stipulate a termination date of the labor contract.
consensus employer and the employee may conclude a labor contract without a fixed period. One of the following circumstances, the employee proposes or agrees to renew labor contract, unless the employee proposes to conclude a fixed term labor contract shall be concluded without a fixed term labor contract:
(a) employee in the employing unit for ten years in;
(b) the employer introduces the labor contract system or the restructuring of state-owned enterprises re-entered the labor contract, workers in the employing unit for ten years and ten years astep from his legal retirement age;
(c) entered into a second consecutive term labor contracts, and no provisions of this law employee and fourth ten first items, the second paragraph of the case, to renew the labor contract.
employer from one year from the date of employment and workers do not enter into a written employment contract, as the employer and the employee has entered into a non-fixed term labor contract.
Chapter I General Provisions

第五十一条 enterprise employees, and on an equal basis, as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare to make collective contract. The draft collective contract shall be submitted to the employee representative congress or all employees for discussion and adoption.
enterprise collective contract workers represented by work unions and the Employer entered into; yet to establish trade unions employers, workers guided by a superior elected representatives of trade unions and the Employer.
fifth in a collective contract labor remuneration and working conditions, local people's governments shall not be less than the minimum standards; employers and workers in the labor contract entered into labor compensation and working conditions, the collective contract shall not be less than the required standards.
sixty-ninth Stipulations not of full-time labor may conclude an oral agreement.
workers engaged in part-time employment with one or more Employers, labor contracts; However, after the labor contract shall not affect the first performance of labor contracts.
Article
seventy-fourth local people's governments above the county level labor administrative departments shall implement the labor contract system in the following conduct supervision and inspection:
(a ) to the employing units directly related to the interests of workers, rules and regulations and the implementation thereof;
(b) the employer and the employee labor contracts entered into and the circumstances;
; (c) dispatch entity and the employer shall comply with the relevant provisions of dispatch;
(d) the employer to comply with regulations on working time and rest and leave the situation; <br \fee case;
(g) laws and regulations and other labor surveillance issues.
sixty-fourth bar is dispatched workers have the right to dispatch entity or employer shall participate in or organize trade unions to safeguard their legal rights.
In any of the following circumstances, the labor contract is terminated:
(a) The labor contract expires;
; (b) the employee has started to enjoy the basic old-age insurance benefits;
(c) the employee dies, or is declared dead or the people's court missing;
; (d) The employer is declared bankrupt;
(e) revoke the business license of the employer is ordered to cclosedown down, revoke or the employer decides on early liquidation;
(vi) legal and administrative regulations of the other cases.
thirty-eighth, one of the following circumstances, the employee may terminate the labor contract:
(a) is not in accordance with the labor contract provide labor protection or working conditions;
(b) is not full and timely payment of unpaid wages;
(c) Failure to pay social insurance premiums for workers a;
(d) the employer's rules and regulations violate constitutions and regulations, damage the interests of workers;
(e) because of the provisions of Article the first paragraph of the six causes the labor contract is invalid;
(vi) laws and administrative regulations may discharge the labor contract workers in other circumstances.
Employer uses violence, intimidation or illegal restriction of personal freedom to force workers to work, or the employer illegal command, or force the employee to risk personal safety, the employee may be terminated immediately labor contract without informing the employer.
thirty-fourth case of merger or division, etc.,[link widoczny dla zalogowanych], the original labor contracts remain in force, the labor contract which assumes its rights and obligations of employers continue to perform.
seventy Stipulations not of the standard hourly sizes for full-time employment the employer shall not be less than the local people's governments at the minimum hourly wage requirement.
remuneration of part-time employment shall not exceed the settlement cycle on the 15th.
seventy-sixth architecture of people's governments above the county level, health, safety supervision and management, and other relevant authorities in their respective areas of responsibility, the implementation of the employer for the labor contract system supervision and management.
laborer refuses to thirty-second unit managers illegal command,[link widoczny dla zalogowanych], forced dtemperous operations that are not considered a violation of the labor contract.
workers on safety and health hazards of working conditions, employers have the right to criticize, report and complaint.
Fifty-sixth
twenty-three employers and workers in the labor contract agreed upon in the conservative employer's trade secrets and confidential matters related to intellectual property.
workers on duty of confidentiality, the employer can be in the labor contract or confidentiality agreement with the employee in terms of non-competition agreement, and agreement in the dissolution or termination of the labor contract, in the competitive business limitations period on a monthly basis laborers with economic compensations. Employee breaches the competition restriction provisions, shall be in accordance with the contract to the employer to pay liquidated damages.
laborer's wages during the probation period shall not be less than the same post of the lowest wage or salary labor contract eighty percent and the employer shall not be less than Location of the minimum wage.
The laborers
Except for the provisions of Article
forty-sixth, one of the following circumstances, the employer shall pay economic compensation:
(a) the employee according to the Law stipulates that the thirty-eighth labor contract is terminated;
(b) the employer pursuant to Article sixteen provisions of the abolition of the employee and the employee labor contracts and labor contract is terminated by consensus ;
(c) The employer set out in Article IV in accordance with this Act terminate the labor contract;
(d) the employer in accordance with this Law, the first 第四十一条provides labor contract is terminated;
(e) In addition to the employer to maintain or improve the conditions of the labor contract agreed to renew the labor contract, the employee does not agree to renew the situation, the forty accordance with this Law The first paragraph four to terminate a fixed term labor contract;
(f) in Article fourteen in accordance with the fourth, the fifth provision for the termination of labor contracts;
; (vii) legal and administrative regulations of the other cases.
labor contract expires forty-fifth, forty-second article of this Law, one of the circumstances, the labor contract shall be extended to the case of the corresponding disappearance of termination. However, in Article II provides that the loss of twelve or partial loss of ability to terminate the labor contract workers, industrial injury insurance in accordance with relevant state regulations.
people's government above the county level in conjunction with the administrative department of labor unions and enterprise representatives, establish trilateral mechanism to coordinate labor relations, jointly study and resolve major issues related to labor relations.
Fifth Unit shall discharge or termination of labor contracts at issue is dissolved or terminated when the evidence of the contract, and in fifteen days for workers and social insurance for file transfer procedures.
workers should be agreed by the parties for the transfer of work. In accordance with the relevant provisions of this Law, the employer shall pay economic compensation, s the handover of the work pay.
Employers have been dissolved or terminated, the text of the labor contract, at least two years for future reference.
thirty-seventh to thirty days in advance written notice to the employer, may terminate the labor contract. During the probation period, the employer at any time by notice, may terminate the labor contract.
sixty-fifth bar is dispatched workers in accordance with the provisions of Article sixteen, thirty-eighth of the Ordinance with the labor dispatch service labor contracts.
be dispatched worker provisions of this law the first and fourth ten, the second paragraph circumstances, employers can sconclusion workers back labor units, labor dispatch service in accordance with provisions of this Law, labor contracts with workers.
five and twenty-three twenty-two under the circumstances, the employer may not assent with the employee by the employee to bear.
fifty employees, and an enterprise may enter into occupational safety and health, women workers rights protection, the wage adjustment mechanism, such as special collective contract.
Article
Chapter labor contract and change
local people's governments above the county level supervision and inspection department of labor administration, the right of access to the labor contract and collective contract-related materials, the right to work places site inspection, employers and workers should provide relevant information and materials.
labor administrative department staff supervision and inspection shall produce certificates, duties according to law, and civilized law enforcement.
----------------------------------------------- ---------------------------------

thirty-third employing unit changes name, legal representative, responsible person or investor shall not affect the labor contract.
Article IX employers recruit workers, may not retain the workers identity cards and other documents, shall not require him to provide security or collect property under some other guise.
III Units shall in accordance with the labor contract and state regulations and the timely and full payment of employee remuneration.
employer does not pay the full amount owed or paid, the employee may apply to the local people's court for an order of payment, the people's court shall issue a payment order.
Article

thirty-sixth Unit and a laborer by consensus, may terminate the labor contract.
fifty-eighth Dispatching Units employing units mentioned in this Law, shall fulfill the obligations of employers for workers. Staffing firms and dispatched workers labor contracts, in addition to the provisions of Article XVII of this Law shall specify the matters, but also dispatched workers shall set forth the employment units and the term of dispatch, jobs and so on.
Staffing firms shall be dispatched workers with more than two years entered into a fixed-term contracts, monthly payments of labor compensation; the dispatched laborers without work, Staffing firms shall be in accordance with the local people Government minimum wage, remuneration paid.
forty-eighth to lift violation of this Law or the termination of labor contracts, employee demands continued performance of the contract, the employer shall continue to perform; employee does not demand continued performance of the labor contract or labor contract can no longer continue to perform, the employer pursuant to this Law stipulates that the eighty-seventh pay compensation.
a labor contract is confirmed as invalid, the worker has already performed labor, the employer shall pay them labor remuneration. The amount of remuneration with reference to the same or a similar position, wages have been determined.
The laborers
Article XV in order to complete the task as the term of the contract is the employer and the employee agreed to a contract term completion of the work of the labor contract.
consensus employer and the employee can make to complete the task as the term of the contract.
第三十一条 Employers shall strictly implement the work quota standards and may not force or coercion of workers to work overtime. Overtime changements the employer shall, in accordance with relevant state regulations to pay the employee overtime.

seventy-third the labor administrative department under the State Council is responsible for the implementation of the labor contract system supervision.
local people's governments above the county level labor administrative departments in charge of the implementation of the labor contract system within the administrative area of supervision and management.
people's governments above the county level labor administrative departments at all levels of the labor contract system is implemented in the supervision and management, we should listen to trade unions, business representatives and relevant industrial administrative departments.
labor contract less than one year, the probation period shall not exceed one month; labor contract more than one year less than three years, the probation period shall not exceed months; more than three years without a fixed term and fixed term labor contract, the probation period shall not exceed six months.
the same with the same employer may stipulate only one probation period.
to complete the work as the term of the contract or labor contract less than three months, not stipulate a probation period.
trial period included in the labor contract period. Labor contract only probation period, the probation period does not hold, the period of the labor contract.
sixty-third bar is dispatched workers and laborers in the Unit have the right to equal pay. Accepting Unit has no same position, the reference to labor units where same or similar position, wages have been determined.
Article XVIII
Chapter II Labor Contracts
The employing unit
third labor contract shall follow the legal, fairness, equality, consensus and good constancy.
labor contract law binding the employer and the employee should perform the labor contract obligations.
Article
Employers shall establish and improve labor rules and regulations, ensure that laborers enjoy the rights and perform labor obligations.
employer in the formulation, modification, or decide on the labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance, benefits, employee training, work school or work quota management, the interests of workers directly involved rules and regulations or material matter, shall be subject to employee representative congress or all the employees for discussion, put forward a suggestion and comments, with the trade union or employee representative equal consultation.
regulations and decisions on major issues in the implementation mode, the union or the employees that inappropriate, the employer has the right to make, modify or improve them through consultation.
employer shall be directly related to the interests of workers, rules and regulations and decisions on major issues of publicity, or to inform the workers.
第四十一条 one of the following circumstances, you need to cut staff or cut more than twenty twenty but less than the total number of enterprise employees account for more than ten percent, the employer thirty days in advance to the trade union or all employees to explain the situation, listen to the scenes of trade unions or the employees, staff reduction program to the labor administrative departments, such cuts:
(a) in accordance with the provisions of the Enterprise Bankruptcy Law the reorganization;
(b) serious arduousies in production and operation;
(iii) enterprise production, technological innovation or business method, by changing the labor contract, still needs to rebate staff;
(d) other labor contract is based on significant deviates in objective economic conditions, resulting in a labor contract can not perform.
cuts, should be retained in preference to the following persons:
(a) and have concluded a long term fixed term labor contract;
(ii) have concluded without a fixed term labor contract;
(c) The family has no other workers, the elderly are in need of maintenance or minors.
employer in accordance with the provisions of the first paragraph of this downsizing, resumes hiring within six months, it shall notify the abated personnel, and priority hire under the same conditions to be laid off staff .
Forty-seventh Economic compensation of workers working in this unit the number of years, one month's salary for each year of the standard payment paid to the worker. More than six months less than one year, as one year; less than six months, a laborer to the economic compensation.
higher than the monthly wage of workers where employers and municipalities, districts and municipal people's government announced last year in the region three times the average monthly wages, standards of financial compensation paid to employees by the amount of three times the average monthly wage paid financial compensation paid to a maximum of twelve years.
The term refers to the monthly wage of workers in the labor contract, the twelve months prior to termination of the average wage.

fifty-seventh Dispatching Units should be established in accordance with the relevant provisions of Companies Act, the registered capital of not less than.
During the probation period, unless the employee has provisions of this law the first and fourth ten, the second under the circumstances, the employer shall not labor contracts. Employer terminate the labor contract during the probation period, it shall give reasons to the employee.


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