Order of the President of the People's Republic of China
No. 65
The "Labor Contract Law of the People's Republic of China" was adopted by the 28th Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 29, 2007，Now announced，Effective from January 1, 2008。
President of the People’s Republic of China Hu Jintao
June 29, 2007
Labor Contract Law of the People's Republic of China
(Adopted at the 28th meeting of the Standing Committee of the 10th National People's Congress on June 29, 2007)
Directory
Chapter 1 General Provisions
Chapter 2 Conclusion of Labor Contract
Chapter 3 Performance and Change of Labor Contract
Chapter 4 Cancellation and Termination of Labor Contract
Chapter 5 Special Provisions
Section 1 Collective Contract
Section 2 Labor Dispatch
Section 3 Part-time Employment
Chapter 6 Supervision and Inspection
Chapter 7 Legal Liability
Chapter 8 Supplementary Provisions
Chapter 1 General Provisions
Article 1: To improve the labor contract system，Clear the rights and obligations of both parties to the labor contract，Protect the legitimate rights and interests of workers，Construct and develop harmonious and stable labor relations，Enact this law。
Article 2 Enterprises within the territory of the People’s Republic of China、Individual Economic Organization、Private non-enterprise units and other organizations (hereinafter referred to as employers) establish labor relations with workers，Conclusion、Performance、Change、Cancellation or termination of labor contract，This law applies。
State agencies、Public institution、Social groups and workers with whom they have established labor relations，Conclusion、Performance、Change、Cancellation or termination of labor contract，Executed in accordance with this law。
Article 3: Conclusion of labor contract，Should follow the law、Fair、Equal and voluntary、Consensus、The principle of good faith。
Labor contracts concluded in accordance with the law are binding，The employer and the employee shall perform the obligations stipulated in the labor contract。
Article 4 Employers shall establish and improve labor regulations and systems in accordance with the law，Protect workers to enjoy labor rights、Perform labor obligations。
The employer is formulating、Modify or decide on labor remuneration、Working hours、rest and vacation、Labor Safety and Health、Insurance benefits、Employee training、When labor discipline, labor quota management and other rules and regulations or major matters directly related to the vital interests of workers，Should be discussed by the workers’ congress or all workers，Propose plans and opinions，Determine through equal consultation with the labor union or employee representatives。
In the process of implementation of rules and regulations and decisions on major matters，Things considered inappropriate by the trade union or employees，Right to submit to the employer，Revised and improved through negotiation。
Employers should make public decisions on rules, regulations and major matters that directly affect the vital interests of workers，Or inform workers。
Article 5: The labor administrative department of the people’s government at or above the county level in conjunction with representatives from trade unions and enterprises，Establish and improve the tripartite mechanism for coordinating labor relations，Jointly study and solve major issues related to labor relations。
Article 6: Trade unions should help、Guide workers and employers to conclude and perform labor contracts in accordance with the law，And establish a collective negotiation mechanism with the employer，Protecting the legitimate rights and interests of workers。
Chapter 2 Conclusion of Labor Contract
Article 7: The employer establishes a labor relationship with the employee from the date of employment。The employer shall establish a roster of employees for reference。
Article 8 When the employer recruits workers，Workers should be truthfully informed of their work content、Working conditions、Workplace、Occupational Hazards、Safe production status、Labor compensation，And other situations that workers require to know；The employer has the right to know the basic information directly related to the employee and the labor contract，Workers should explain truthfully。
Article 9 Employers recruit workers，The resident ID card and other documents of workers shall not be detained，Do not require workers to provide guarantees or collect property from workers in other names。
Article 10 Establishment of labor relations，A written labor contract should be concluded。
Labor relationship has been established，Without a written labor contract at the same time，A written labor contract shall be concluded within one month from the date of employment。
The employer and the employee enter into a labor contract before employment，The labor relationship is established from the date of employment。
Article 11 The employer fails to conclude a written labor contract at the same time as employment，The labor remuneration agreed with the worker is unclear，The labor remuneration of newly recruited workers shall be based on the standards stipulated in the collective contract；There is no collective contract or the collective contract does not provide for it，Equal pay for equal work。
Article 12 Labor contracts are divided into fixed-term labor contracts、Unfixed-term labor contract and labor contract with a term of completing certain work tasks。
Article 13 Fixed-term labor contract，Refers to the labor contract in which the employer and the employee agree on the termination time of the contract。
The employer and the employee reach consensus，You can enter into a fixed-term labor contract。
Article 14 Unfixed-term labor contract，Refers to the labor contract in which the employer and the employee agree that there is no definite termination time。
The employer and the employee reach consensus，You can enter into an unlimited-term labor contract。One of the following situations，The employee proposes or agrees to renew、Those who enter into labor contracts，Except when the employee proposes to enter into a fixed-term labor contract，An indefinite-term labor contract should be concluded:
(1) The employee has worked continuously in the employer for ten years；
(2) When the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and a new labor contract is established，The employee has worked continuously for the employer for ten years and is less than ten years away from the legal retirement age；
(3) Entering into two consecutive fixed-term labor contracts，And the worker does not comply with Article 39 and Paragraph 1 of Article 40 of this Law、Situations specified in the second paragraph，Renewal of labor contract。
The employer fails to conclude a written labor contract with the employee within one year from the date of employment，It is deemed that the employer and the employee have entered into an indefinite labor contract。
Article 15 Labor contract with a term to complete certain work tasks，refers to a labor contract in which the employer and the employee agree that the completion of a certain job is the contract term。
The employer and the employee reach consensus，You can enter into a labor contract with a term of completing certain work tasks。
Article 16 The labor contract shall be agreed between the employer and the employee，It shall take effect after the employer and the employee sign or stamp the labor contract text。
The employer and the employee each keep one copy of the labor contract text。
Article 17 The labor contract shall have the following provisions:
(1) Name of employer、Residence and legal representative or principal person in charge；
(2) Name of worker、Address and resident ID card or other valid ID number；
(3) Labor contract term;
(4) Work content and working location;
(5) Working hours, rest and holidays;
(6) Labor remuneration;
(7) Social insurance;
(8) Labor Protection、Working conditions and occupational hazard protection；
(9) Law、Other matters that should be included in the labor contract as stipulated by regulations。
Except for the necessary terms stipulated in the preceding paragraph in the labor contract，The employer and the employee can agree on a probation period、Training、Keep it secret、Supplementary insurance and welfare benefits and other matters。
Article 18 The labor contract stipulates unclear standards such as labor remuneration and labor conditions，Controversial，The employer and the employee can renegotiate；Cannot be negotiated，Collective contract provisions apply；There is no collective contract or the collective contract does not stipulate labor remuneration，Equal pay for equal work；There is no collective contract or the collective contract does not stipulate labor conditions and other standards，Relevant national regulations apply。
Article 19 Labor contract with a term of more than three months but less than one year，The trial period shall not exceed one month；A labor contract with a term of more than one year but less than three years，The trial period shall not exceed two months；A fixed-term or unlimited-term labor contract of more than three years，The trial period shall not exceed six months。
The same employer and the same worker can only agree on a probation period once。
A labor contract with a term of completing certain work tasks or a labor contract with a term of less than three months，No trial period agreed。
The probation period is included in the labor contract period。The labor contract only stipulates the probation period，The trial period is not established，This period is the labor contract period。
Article 20: A worker’m88 slot machine casinos m88 best betting websitesalary during the probation period shall not be less than the minimum wage for the same position in the unit or 80% of the salary agreed in the labor contract，It shall not be lower than the minimum wage standard in the location of the employer。
Article 21: During the probation period，Except for workers subject to Article 39 and Paragraph 1 of Article 40 of this Law、Except for the circumstances specified in the second item，The employer shall not terminate the labor contract。The employer terminates the labor contract during the probation period，The reasons should be explained to workers。
Article 22: Employers provide special training fees for workers，provide them with professional technical training，Can enter into an agreement with the worker，Agreed service period。
The employee violates the service period agreement，Liquidated damages shall be paid to the employer as agreed。The amount of liquidated damages shall not exceed the training fees provided by the employer。The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses to be shared for the unfulfilled portion of the service period。
The employer and the employee agree on the service period，Does not affect the increase in labor remuneration during the service period in accordance with the normal wage adjustment mechanism。
Article 23 The employer and the employee may agree in the labor contract to keep the employer’s business secrets and confidentiality matters related to intellectual property rights。
Workers with confidentiality obligations，The employer can agree on non-competition clauses with employees in the labor contract or confidentiality agreement，And it is agreed that after the labor contract is terminated or terminated，Give workers financial compensation on a monthly basis during the non-competition period。Employee violates non-compete agreement，Liquidated damages shall be paid to the employer as agreed。
Article 24: Persons subject to non-competition restrictions are limited to senior managers of the employer、Senior technical personnel and other personnel with confidentiality obligations。Scope of non-compete restrictions、Region、The period is agreed between the employer and the employee，The agreement on non-competition shall not violate the law、Provisions of regulations。
After rescinding or terminating the labor contract，The personnel specified in the preceding paragraph are required to produce or operate similar products to the unit、Other competing employers engaged in similar business，Or start your own business to produce or operate similar products、Competition restriction period for similar businesses，No more than two years。
Article 25 Except for the circumstances specified in Articles 22 and 23 of this Law，The employer shall not agree with the employee that the employee shall bear liquidated damages。
Article 26 The following labor contracts are invalid or partially invalid:
(1) Fraud、Coercion or taking advantage of someone’s situation，Causing the other party to conclude or change a labor contract against its true intention；
(2) The employer exempts itself from legal responsibilities、Excluding workers’ rights；
(3) Violating mandatory provisions of laws and administrative regulations.
Dispute over the invalidity or partial invalidity of the labor contract，Confirmed by labor dispute arbitration institution or people’s court。
Article 27 Labor Contract Partially Invalid，Does not affect the effectiveness of other parts，Other parts are still valid。
Article 28 The labor contract is confirmed to be invalid，Workers have paid for their labor，The employer shall pay labor remuneration to workers。Amount of labor remuneration，Determine with reference to the labor remuneration of workers in the same or similar positions in the unit。
Chapter 3 Performance and Change of Labor Contract
Article 29 The employer and the employee shall comply with the provisions of the labor contract，Full fulfillment of respective obligations。
Article 30 The employer shall comply with the labor contract and national regulations，Pay labor remuneration to workers in full and on time。
The employer defaults or fails to pay labor remuneration in full，Workers can apply to the local people’s court for a payment order in accordance with the law，The People’s Court shall issue a payment order in accordance with the law。
Article 31 Employers shall strictly implement labor quota standards，Workers shall not be forced or forced in disguised form to work overtime。The employer arranges overtime work，Overtime pay should be paid to workers in accordance with relevant national regulations。
Article 32: Workers refuse illegal instructions from the employer’s managers、Forcing risky work，Not considered a violation of the labor contract。
Workers’ concerns about working conditions that endanger life safety and physical health，The right to criticize the employer、Report and accuse。
Article 33: Change of name of the employer、Legal representative、Main person in charge or investor, etc.，Does not affect the performance of the labor contract。
Article 34 Merger or division of the employer，The original labor contract remains valid，The labor contract will continue to be performed by the employer that inherits its rights and obligations。
Article 35: The employer and the employee reach consensus，The contents of the labor contract can be changed。Change labor contract，Should be in writing。
The employer and the employee will each keep one copy of the changed labor contract text。
Chapter 4 Cancellation and Termination of Labor Contract
Article 36: The employer and the employee reach consensus，The labor contract can be terminated。
Article 37: Workers must notify the employer in writing 30 days in advance，The labor contract can be terminated。The employee must notify the employer three days in advance during the probation period，The labor contract can be terminated。
Article 38 The employer has one of the following circumstances，Workers can terminate the labor contract:
(1) Failure to provide labor protection or labor conditions as stipulated in the labor contract；
(2) Failure to pay labor remuneration in full and on time;
(3) Failure to pay social insurance premiums for workers in accordance with the law;
(4) The employer’s rules and regulations violate the law、Provisions of regulations，Things that harm the rights and interests of workers；
(5) The labor contract is invalid due to the circumstances specified in paragraph 1 of Article 26 of this Law；
(6) Law、Administrative regulations stipulate other circumstances in which workers can terminate labor contracts。
The employer uses violence、Forcing workers to work by threatening or illegally restricting personal freedom，Or the employer gives illegal instructions、Forcing risky work to endanger the personal safety of workers，Workers can terminate the labor contract immediately，No need to inform the employer in advance。
Article 39: Workers have one of the following circumstances，The employer can terminate the labor contract:
(1) Those who are proven not to meet the employment conditions during the probation period；
(2) Seriously violating the rules and regulations of the employer;
(3) Serious dereliction of duty，Corruption for personal gain，Causing significant damage to the employer；
(4) Workers establish labor relations with other employers at the same time，Having a serious impact on the completion of the unit’s work tasks，Or as proposed by the employer，Refuse to correct；
(5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1, Article 26 of this Law；
(6) Being held criminally responsible according to law.
Article 40 Under one of the following circumstances，After the employer notifies the employee in writing 30 days in advance or pays the employee an additional month’s salary，The labor contract can be terminated:
(1) Workers are sick or injured not due to work，Cannot engage in the original job after the prescribed medical treatment period，Cannot engage in work that is separately arranged by the employer；
(2) Workers are not qualified for the job，After training or job adjustment，Still not qualified for the job；
(3) Significant changes in the objective circumstances on which the labor contract was concluded，Making the labor contract impossible to perform，After negotiation between the employer and the employee，Failed to reach an agreement on changing the contents of the labor contract。
Article 41 One of the following situations，It is necessary to lay off more than 20 people or to lay off less than 20 people but accounting for more than 10% of the total number of employees of the enterprise，The employer shall explain the situation to the trade union or all employees 30 days in advance，After listening to the opinions of the trade union or employees，The staff reduction plan has been reported to the labor administration department，Can reduce personnel:
(1) Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;
(2) Serious difficulties occur in production and operation;
(3) Enterprise conversion、Major technological innovation or adjustment of business methods，After changing the labor contract，Staff still need to be laid off；
(4) Other major changes in the objective economic conditions upon which the labor contract was concluded，Making the labor contract impossible to perform。
When reducing personnel, priority should be given to retaining the following personnel:
(1) Entering into a longer fixed-term labor contract with the unit；
(2) Entering into a non-fixed-term labor contract with the unit；
(3) There are no other employed persons in the family，Those who have elderly people or minors who need support。
The employer reduces personnel in accordance with the provisions of paragraph 1 of this article，Rehiring within six months，Those who have been laid off should be notified，And give priority to the laid-off personnel under the same conditions。
Article 42: Workers have one of the following circumstances，The employer shall not comply with Article 40 of this Law、The provisions of Article 41 to terminate the labor contract:
(1) Workers engaged in m88 slot machine casinom88 sports bettingoperations exposed to occupational disease hazards do not undergo pre-job occupational health examinations，Or patients with suspected occupational diseases during diagnosis or medical observation；
(2) Those who suffer from occupational diseases or work-related injuries in the unit and are confirmed to have lost or partially lost their ability to work；
(3) Illness or non-work-related injury，Within the prescribed medical period；
(4) Female employees during pregnancy, childbirth or lactation period;
(5) Working in this unit continuously for fifteen years，And those who are less than five years away from the statutory retirement age；
(6) Other situations stipulated in laws and administrative regulations.
Article 43 The employer unilaterally terminates the labor contract，The union should be notified of the reasons in advance。The employer violates the law、As stipulated in administrative regulations or agreed in the labor contract，The union has the right to demand corrections from the employer。Employers should study the opinions of trade unions，And notify the trade union in writing of the results。
Article 44 Under any of the following circumstances，Termination of labor contract:
(1) The labor contract expires;
(2) Workers begin to enjoy basic pension insurance benefits in accordance with the law；
(3) Death of worker，Or declared dead or missing by the People’s Court；
(4) The employer is declared bankrupt in accordance with the law;
(5) The employer’s business license has been revoked、Ordered to close、Canceled or the employer decides to dissolve in advance；
(6) Other situations stipulated in laws and administrative regulations.
Article 45 Expiration of labor contract，Under one of the circumstances specified in Article 42 of this Law，The labor contract shall be extended until the corresponding circumstances disappear。But，Termination of the labor contract of an employee who has lost or partially lost the ability to work as stipulated in Paragraph 2 of Article 42 of this Law，Follow the national regulations on work-related injury insurance。
Article 46 Under one of the following circumstances，The employer shall pay economic compensation to the workers:
(1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law；
(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract；
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law；
(4) The employer terminates the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law；
(5) Unless the employer maintains or improves the terms of the labor contract and renews the labor contract，Except when the employee does not agree to renew，Termination of a fixed-term labor contract in accordance with Paragraph 1 of Article 44 of this Law；
(6) In accordance with Paragraph 4 of Article 44 of this Law、Item 5 stipulates the termination of the labor contract；
(7) Other situations stipulated in laws and administrative regulations.
Article 47 Economic compensation is based on the number of years the worker has worked in the unit，Pay the standard of one month’s salary to workers for every full year。More than six months but less than one year，Calculated by one year；Less than six months，Financial compensation of half a month’s salary to workers。
The monthly salary of workers is higher than that of the municipality where the employer is located、Three times the average monthly salary of employees in the region in the previous year announced by the districted municipal people's government，The standard of economic compensation shall be three times the average monthly salary of employees，The maximum number of years for which financial compensation shall be paid shall not exceed twelve years。
The monthly salary mentioned in this article refers to the employee’s average salary for the twelve months before the labor contract is terminated or terminated。
Article 48: The employer violates the provisions of this law to terminate or terminate the labor contract，The employee requires continued performance of the labor contract，The employer shall continue to perform；The employee does not require the continued performance of the labor contract or the labor contract can no longer be performed，The employer shall pay compensation in accordance with Article 87 of this Law。
Article 49: Measures taken by the state，Establish and improve the cross-regional transfer and continuation system of workers’ social insurance relations。
Article 50 The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract，And handle the file and social insurance relationship transfer procedures for workers within fifteen days。
Workers shall comply with the agreement between the parties，Handling work handover。The employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law，Pay when completing the work handover。
The text of the labor contract that has been terminated or terminated by the employer，Keep it for at least two years for future reference。
Chapter 5 Special Provisions
Section 1 Collective Contract
Article 51: The employee and the employer negotiate on an equal footing，You can pay for labor、Working hours、rest and vacation、Labor Safety and Health、Enter a collective contract on insurance benefits and other matters。The draft collective contract shall be submitted to the workers’ congress or all workers for discussion and approval。
The collective contract is concluded by the trade union on behalf of the employees of the enterprise and the employer；An employer that has not yet established a trade union，The superior trade union guides the representatives elected by the workers to enter into an agreement with the employer。
Article 52: An enterprise employee and the employer may enter into an agreement on labor safety and health、Protection of rights and interests of female employees、Special collective contracts such as wage adjustment mechanism。
Article 53 In areas below the county level，Construction Industry、Mining Industry、In industries such as catering services, trade unions and enterprise representatives can enter into industrial collective contracts，Or enter into a regional collective contract。
Article 54 After the conclusion of the collective contract，Should be reported to the labor administration department；The labor administrative department did not raise any objection within fifteen days from the date of receipt of the text of the collective contract，The collective contract comes into effect。
The collective contract concluded in accordance with the law is binding on the employer and workers。Industry、Regional collective contract for local industry、Binding for employers and workers in this area。
Article 55 The standards for labor remuneration and working conditions in the collective contract shall not be lower than the minimum standards stipulated by the local people's government；The labor remuneration and working conditions standards in the labor contract concluded between the employer and the employee shall not be lower than those stipulated in the collective contract。
Article 56 The employer violates the collective contract，Infringement of employees’ labor rights，Trade unions can require employers to take responsibility according to law；Disputes arising from the performance of the collective contract，Cannot be resolved through negotiation，Trade unions can apply for arbitration in accordance with the law、File a lawsuit。
Section 2 Labor Dispatch
Article 57 Labor dispatch units shall be established in accordance with the relevant provisions of the Company Law，The registered capital shall not be less than 500,000 yuan。
Article 58: Labor dispatch units are the employers referred to in this law，The employer shall fulfill its obligations to workers。The labor contract concluded between the labor dispatch unit and the dispatched workers，Except for the matters stipulated in Article 17 of this Law，The employer of the dispatched worker and the dispatch period should also be stated、Position status, etc.。
Labor dispatch units shall enter into fixed-term labor contracts of more than two years with dispatched workers，Pay labor remuneration on a monthly basis；Dispatched workers are not working during the period，Labor dispatch units shall follow the minimum wage standards stipulated by the local people’s government，Pay him monthly remuneration。
Article 59 A labor dispatch unit shall enter into a labor dispatch agreement with the unit that accepts employment in the form of labor dispatch (hereinafter referred to as the employer) when dispatching workers。The labor dispatch agreement should stipulate the dispatch positions and the number of personnel、Dispatch period、The amount and method of payment of labor remuneration and social insurance premiums and liability for breach of agreement。
The employer shall determine the dispatch period with the labor dispatch unit based on the actual needs of the job，It is not allowed to divide the continuous employment period into several short-term labor dispatch agreements。
Article 60 The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement。
Labor dispatch units shall not deduct labor remuneration paid by the employer to dispatched workers in accordance with the labor dispatch agreement。
Labor dispatch units and employers shall not charge fees to dispatched workers。
Article 61 Labor dispatch units dispatch workers across regions，Remuneration and working conditions enjoyed by dispatched workers，According to the standards of the location where the employer is located。
Article 62 The employer shall perform the following obligations:
(1) Implementing national labor standards，Provide corresponding labor conditions and labor protection；
(2) Inform dispatched workers of the work requirements and labor remuneration；
(3) Pay overtime pay、Performance bonus，Provide benefits related to the job；
(4) Provide necessary training for dispatched workers on the job；
(5) Continuous employment，Implement normal wage adjustment mechanism。
The employer shall not dispatch dispatched workers to other employers。
Article 63: Dispatched workers have the right to equal pay for equal work as workers in the m88 online bettingemploying m88 online sports bettingunit。The employer has no workers in similar positions，Determine with reference to the labor remuneration of workers in the same or similar positions where the employer is located。
Article 64 Dispatched workers have the right to join or organize a trade union in the labor dispatch unit or employer in accordance with the law，Protect your own legitimate rights and interests。
Article 65 Dispatched workers may follow Article 36 of this Law、Termination of the labor contract with the labor dispatch unit in accordance with the provisions of Article 38。
Dispatched workers are subject to Article 39 and Paragraph 1 of Article 40 of this Law、The second item stipulates the situation，The employer can return workers to the labor dispatch unit，Labor dispatch units shall comply with the relevant provisions of this law，The labor contract can be terminated with the employee。
Article 66 Labor dispatch is generally temporary、Implemented in auxiliary or alternative jobs。
Article 67 An employer shall not establish a labor dispatch unit to dispatch workers to its own unit or its affiliated units。
Section 3 Part-time Employment
Article 68 Part-time employment，refers to hourly compensation，The average daily working hours of workers in the same employer generally does not exceed four hours，A form of employment in which the cumulative working hours per week do not exceed twenty-four hours。
Article 69 Part-time employment parties may enter into an oral agreement。
Workers engaged in part-time employment may enter into labor contracts with one or more employers；But，The labor contract concluded later shall not affect the performance of the labor contract concluded earlier。
Article 70: Part-time employment parties shall not agree on a probation period。
Article 71 Either party to part-time employment may notify the other party to terminate employment at any time。Termination of employment，The employer does not pay economic compensation to the workers。
Article 72: The hourly remuneration standard for part-time employees shall not be lower than the minimum hourly wage standard stipulated by the people's government of the place where the employer is located。
The maximum labor remuneration settlement and payment period for part-time employees shall not exceed fifteen days。
Chapter 6 Supervision and Inspection
Article 73: The labor administrative department of the State Council is responsible for the supervision and management of the implementation of the national labor contract system。
The labor administrative departments of local people's governments at or above the county level are responsible for the supervision and management of the implementation of the labor contract system within their respective administrative regions。
The labor administrative departments of the people's governments at or above the county level in the supervision and management of the implementation of the labor contract system，The union should be listened to、Opinions from enterprise representatives and relevant industry authorities。
Article 74 The labor administrative departments of local people’s governments at or above the county level shall supervise and inspect the implementation of the following labor contract systems in accordance with the law:
(1) The employer formulates rules and regulations that directly involve the vital interests of workers and their implementation；
(2) The conclusion and termination of labor contracts between employers and workers；
(3) Compliance of labor dispatch units and employer units with relevant regulations on labor dispatch；
(4) The employer’s compliance with national regulations on workers’ working hours, rest and vacations；
(5) The employer pays the labor remuneration stipulated in the labor contract and implements the minimum wage standard；
(6) The employer’s participation in various social insurances and payment of social insurance premiums；
(7) Law、Other labor inspection matters stipulated in regulations。
Article 75 When the labor administrative department of the local people’s government at or above the county level implements supervision and inspection，Right to inspect the labor contract、Materials related to collective contracts，Right to conduct on-site inspections of workplaces，Both the employer and the employee should truthfully provide relevant information and materials。
Staff of the labor administration department conduct supervision and inspection，Identification should be shown，Exercise powers in accordance with the law，Civilized law enforcement。
Article 76 Construction of people’s governments at or above the county level、Hygiene、Relevant competent authorities such as production safety supervision and management are within the scope of their respective responsibilities，Supervise and manage the implementation of the labor contract system by the employer。
Article 77 Workers’ legitimate rights and interests are infringed，The right to request relevant departments to handle it in accordance with the law，Or apply for arbitration according to law、File a lawsuit。
Article 78: Trade unions safeguard the legitimate rights and interests of workers in accordance with the law，Perform the labor contract with the employer、Supervise the situation of collective contracts。The employer violates labor laws、Regulations and Labor Contracts、Collective contract，The union has the right to put forward opinions or request corrections；Employee applies for arbitration、The one who filed the lawsuit，The trade union provides support and assistance in accordance with the law。
Article 79 Any organization or individual has the right to report violations of this law，The labor administrative department of the people’s government at or above the county level shall verify in a timely manner、Process，And reward those who report meritoriously。
Chapter 7 Legal Liability
Article 80 The rules and regulations of an employer that directly involve the vital interests of workers violate the law、Required by regulations，Ordered by the labor administration department to make corrections，Give warning；Causing damage to workers，Should bear liability for compensation。
Article 81 The labor contract text provided by the employer does not specify the necessary terms of the labor contract stipulated in this law or the employer fails to deliver the labor contract text to the employee，Ordered by the labor administration department to make corrections；Causing damage to workers，Should bear liability for compensation。
Article 82: The employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment，Workers should be paid twice their monthly wages。
The employer violates the provisions of this Law by not entering into an unfixed-term labor contract with the employee，Pay twice the monthly salary to workers from the date when an open-term labor contract should be concluded。
Article 83 The employer violates the provisions of this Law and agrees on a probation period with the employee，Ordered by the labor administration department to make corrections；The illegally agreed probation period has been fulfilled，The employer shall use the employee’s full monthly salary as the probation period as the standard，Pay compensation to workers for the period that has been fulfilled and exceeds the statutory probation period。
Article 84 Employer violates the provisions of this Law，Seizure of workers’ identity cards and other documents，Ordered by the labor administration department to return the money to the worker within a time limit，And be punished in accordance with relevant legal provisions。
The employer violates the provisions of this law，Collecting property from workers in the form of guarantee or other names，Ordered by the labor administration department to return the money to the worker within a time limit，And impose a fine of not less than 500 yuan but not more than 2,000 yuan per person；Causing damage to workers，Should bear liability for compensation。
The employee terminates or terminates the labor contract in accordance with the law，The employer seizes workers’ files or other items，Penalty in accordance with the provisions of the preceding paragraph。
Article 85 The employer has one of the following circumstances，Ordered by the labor administration department to pay labor remuneration within a time limit、Overtime pay or financial compensation；Labor remuneration is lower than the local minimum wage，The difference should be paid；Overdue payment，Order the employer to pay additional compensation to the employee at a standard of not less than 50% but not more than 100% of the amount payable:
(1) Failure to pay labor remuneration in full and in a timely manner as stipulated in the labor contract or state regulations；
(2) Paying workers wages lower than the local minimum wage；
(3) Arranging overtime work without paying overtime pay;
(4) Cancellation or termination of labor contract，Failure to pay economic compensation to workers in accordance with this law。
Article 86 The labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law，causing damage to the other party，The party at fault shall bear the liability for compensation。
Article 87 The employer violates the provisions of this Law to terminate or terminate the labor contract，Compensation shall be paid to workers in accordance with twice the economic compensation standard stipulated in Article 47 of this Law。
Article 88 The employer has one of the following circumstances，Implement administrative penalties in accordance with the law；Constituting a crime，Pursuing criminal responsibility according to law；Causing damage to workers，Should be liable for compensation:
(1) Violence、Forced labor by threatening or illegally restricting personal freedom；
(2) Giving orders in violation of regulations or forcing risky operations endangering the personal safety of workers；
(3) Insult、Corporal punishment、beating、Illegal search or detention of workers；
(4) Poor working conditions、Severe environmental pollution，Causing serious damage to the physical and mental health of workers。
Article 89: The employer violates the provisions of this Law by failing to issue written certification to the employee for the rescission or termination of the labor contract，Ordered by the labor administration department to make corrections；Causing damage to workers，Should bear liability for compensation。
Article 90: Workers who violate the provisions of this law terminate labor contracts，Or breach of confidentiality obligations or non-compete restrictions stipulated in the employment contract，Causing losses to the employer，Should bear liability for compensation。
Article 91: Employers recruit workers whose labor contracts have not been terminated or terminated with other employers，Causing losses to other employers，Should bear joint liability for compensation。
Article 92 Labor dispatch units violate the provisions of this law，Ordered to make corrections by the labor administration department m88 com live casino registerand m88 sports bettingother relevant authorities；Serious circumstances，A fine of not less than one thousand yuan but not more than five thousand yuan per person，The business license will be revoked by the industrial and commercial administration department；Causing damage to dispatched workers，The labor dispatch unit and the employer shall bear joint liability for compensation。
Article 93 Illegal and criminal acts against employers that do not have legal business qualifications，Pursuing legal responsibility according to law；Workers have already paid for their labor，The unit or its investor shall pay labor remuneration to workers in accordance with the relevant provisions of this Law、Financial compensation、Compensation；Causing damage to workers，Should bear liability for compensation。
Article 94: Individual contracting operations violate the provisions of this law and recruit workers，Causing damage to workers，The organization issuing the contract and the individual contractor bear joint liability for compensation。
Article 95 Labor administrative departments and other relevant competent departments and their staff neglect their duties、Failure to perform legal duties，Or illegally exercising powers，Causing damage to workers or employers，Should bear liability for compensation；To the directly responsible supervisor and other directly responsible personnel，Administrative sanctions in accordance with the law；Constituting a crime，Pursuing criminal responsibility according to law。
Chapter 8 Supplementary Provisions
Article 96 Agreement between public institutions and staff who implement the employment system、Performance、Change、Cancellation or termination of labor contract，Law、Administrative regulations or otherwise stipulated by the State Council，In accordance with its regulations；Not specified，In accordance with the relevant provisions of this law。
Article 97 Labor contracts that have been concluded in accordance with the law before the implementation of this law and exist on the date of implementation of this law，Continue to perform；Item 3 of Article 14, Paragraph 2 of this Law stipulates the number of consecutive fixed-term labor contracts concluded，Starts from the time when the fixed-term labor contract is renewed after the implementation of this law。
Labor relations have been established before the implementation of this law，Those who have not yet concluded a written labor contract，Should be concluded within one month from the date of implementation of this law。
The labor contract existing on the date of the enforcement of this law shall be terminated or terminated after the enforcement of this law，Financial compensation shall be paid in accordance with Article 46 of this Law，The period of economic compensation shall be calculated from the date of implementation of this law；Before the implementation of this law, the relevant regulations at that time shall be followed，The employer shall pay economic compensation to the workers，Performed in accordance with relevant regulations at that time。
Article 98 This Law shall come into effect on January 1, 2008。
Shaanxi Public Network Security No. 61011602000474