Labor Contract law of China ( Full Content)
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Article17 A labor contract shall contain the clauses as follows:
(1)The employer's name, residence, legal representative or major principal;
(2)The worker's name, residence, number of identity card or number of any other valid identity certificate;
(3)The time limit for the labor contract;
(4)The work contents and place;
(5)The work time, rest and vocation;
(6)The remunerations;
(7)The social security;
(8)The labor protection, work conditions, and protection against and prevention of occupational harm; and
(9)Other matters that shall be incorporated in the labor contract according to any law or regulation.
Except for the essential clauses as specified in the preceding paragraph, the probation period, training, confidentiality, supplementary insurances, welfares and treatments, as well asother items may be stipulated in the labor contract by the employer and theworker.
Article18 In the case of any dispute due to any unspecified remunerations, work conditions and othercriterions in the labor contract, employers and workers may have other negotiation. If there is no agreement upon the negotiations, the provisions o fthe collective contract shall be observed. If there is no collective contractor no such stipulation relating to the remuneration, the principle of equal payfor equal work shall be followed. If there is no collective contract or no such stipulation concerning the work conditions and other criterions in the collective contract, the relevant provisions of the state shall be abided by.
Article19 Where the term of alabor contract is above three months but less than one year, the probation period thereof shall not be more than one month. Where the term of a labor contract is above one year but less than three years, the probation period thereof shall be less than two months. With respect to a labor contract with a fixed period of above three years or without a fixed period, the probation term thereof shall not be in excess of six months.
An employer can only stipulate one probation period with a same worker.
No probation period may be stipulated in alabor contract with a period to complete the prescribed work or a labor contract with a fixed period of less than three months.
The probation period shall be contained in the term of labor contracts. If only the probation period is stipulated in a labor contract, it shall be untenable and the said period shall be the term of the labor contract.
Article20 During the probation period, the salary of a worker shall not be lower than the minimum salary for the same post of the same employer or not lower than 80 percent of the wage as stipulated in the labor contract, nor may it be lower than the minimum wage of the locality where the entity is situated.
Article21 During the probation period, unless the worker is under any of the circumstances as prescribed in Article 39 and Subparagraphs (1) and (2) of Article 40 of this law, the employer shall not terminate the labor contract. If any employer terminates the labor contract during the probation period, it shall make an explanation to the worker.
Article22 Where an employerpays special training expenses exclusively for a worker, as well as the special technical training, it may conclude an agreement with the worker concerning the service period.
Article24The personnel underlimitation of competition shall be limited to senior mangers, senior technicians and other personnel who have the obligation to keep secrets in the entity. The range, geographical scope and time limit for limitation of competition shall be stipulated by the employer and the worker. The stipulation relating to limitation of competition shall not violate any law or regulation.
After the discharge or termination of a labor contract, the period of limitation of competition for any of the persons referred to in the preceding paragraph to work for any other employer producing or engaging in products of the same category or conducting business of the same category as this employer shall not be more than two years.
Article25 Except for the circumstances as prescribed in Articles 22 and 23 of this Law, the employer shall not stipulate in the labor contract that the worker shall pay the penalty for breach of contract.
Article26 The following labor contracts are invalid or are partially invalid if:
(1) any party concludes or modifies a labor contract by way of deception or coercion, or taking advantage of the other party's difficulties, to force the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party's true will;
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Chapter III Performance and Alteration of Labor Contract
Article29Employers andworkers shall fully perform their obligations respectively in accordance with the stipulations in the labor contract.
Article30An employer shall pay the workers thereof the full amount of remunerations in a timely manner in accordance with the contractual stipulations and the provisions of the state.
Article31Employers shall strictly perform the criterion on labor quota, and may not force any worker to work overtime or do so in a disguised form. As for the employer that arranges overtime work, it shall pay the worker for the overtime work in accordance with the relevant provisions of the state.
Article32Where any worker refuses to perform dangerous operations due to the illicit command or forcibly order of the manager of the employer, he may not be deemed to be in violationof the labor contract.
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Chapter IV Discharge and Termination of Labor Contracts
Article36An employer and aworker may discharge the labor contract upon unanimity through consultation.
Article37A worker may discharge the labor contract if he informs the employer in written form 30 daysin advance. During the probation period, a worker may discharge the labor contract if he informs the employer three days in advance.
Article38In the case of anyof the following circumstances occurring to an employer, workers may discharge the labor contract:
(1)It fails to provide labor protection or work conditions as stipulated in the labor contract;
(2)It fails to pay the full amount of remunerations in a timely manner;
(3)It fails to pay social security premiums for the workers according to law;
(4)The bylaws thereof are inconsistent with any law or regulation and impair the rights and interests of the workers;
(5)A labor contract is invalid due to the circumstance referred to in Paragraph one of Article 26 of this Law; or
(6) Any other circumstance as prescribed by any law or administrative regulation under which the labor contract may be discharged.
Where any worker is forced to work by violence, by threat or by illegally limiting his personal freedom, or is forced to perform dangerous operations which may endanger his personal safety under illicitly commands or forces of the employer, the worker may immediately discharge the labor contract without informing the employer in advance.
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