Law
Employment Contract Law of the People's Republic of China
Promulgation date: 06-29-2007
Department: Standing Committee of the National People's Congress
Effective date: 01-01-2008
Order the President of the People’s Republic of China
(No. 65)
The Employment Contract Law of the People’s Republic of China, which was adopted at 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, is hereby promulgated and shall come into force as of January 1, 2008.
President of the People’s Republic of China Hu Jintao
June 29, 2007
Employment Contract Law of the People’s Republic of China
(Adopted at the 28th Session of Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on June 29, 2007)
Contents
Chapter I General Provisions
Chapter II Formation of an Employment Contract
Chapter III Fulfillment and Change of an Employment Contract
Chapter IV Dissolution and Termination of an Employment Contract
Chapter V Special Provisions
Section 1 Collective Contract
Section 2 Worker Dispatch
Section 3 Part-time Employment
Chapter VI Supervision and Inspection
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of improving the employment contract system, clarifying the rights and obligations of both parties to the employment contracts, protecting the legitimate rights and interests of the employees and establishing and developing a harmonious and stable employment relationship.
Article 2 This Law shall apply to the establishment of employment relationship between enterprises, individual economic organizations, private non-enterprise entities and other organizations (hereafter referred to as the employing entities) and the employees thereof, and to the formation, fulfillment, change, dissolution or termination of employment contracts.
The state organs, public institutions, social organizations and the employees between whom an employment relationship is established shall observe this Law in the formation, fulfillment, change, dissolution or termination of employment contracts.
Article 3 The principle of lawfulness, fairness, equality, free will, negotiation for agreement and good faith shall be observed in the formation of an employment contract.
An employment contract concluded in accordance with the law shall have a binding force. The employer and the employee shall perform the obligations as stipulated in the employment contract.
Article 4 An employer shall establish a sound system of employment rules so as to ensure its employees enjoy the employment rights and perform the employment obligations.
Where an employer formulates, amends or decides rules or important events concerning the remuneration, working time, rest, vacation, work safety and sanitation, insurance and welfare, training of employees, work discipline or management of labor quota is directly relating to the interests of the employees thereof, such rules or important event shall be discussed at the general meeting of employees or all employees, who shall put forward proposals and opinions. The employer shall make decisions upon equal negotiation with the labor union or with the employees’ representatives.
During the process of ution of a decision about a rule or about an important event, if the labor union or the employees deem it improper, it (they) may require the employer to amend or improve it through negotiations.
The employer shall make an announcement of the rules and important events directly relating to the interests of the employees or inform the employees.
Article 5 The labor administrative department of the people’s government at the county level or above shall, together with the labor union and the representatives of the enterprise, establish a sound three-party mechanism of employment relationship and shall jointly seek to solve the major problems relating to employment relationship.
Article 6 The labor union shall assist and direct the employees and the employers to conclude and fulfill employment contracts and establish a collective negotiation mechanism with the employers so as to maintain the lawful rights and interests of the employing entities.
Chapter II Formation of Employment Contracts
Article 7 An employer establishes an employment relationship with an employee from the date of start to use the employee. It shall prepare a roster of employers for reference.
Article 8 When an employer hires an employee, it shall faithfully inform him of the work contents, conditions and location, occupational harm, work safety state, remuneration, and other information about which the employee requires to be informed. The employer has the right to know the basic information directly relating to the employer and the employment contract, the employee shall faithfully provide such information.
Article 9 When an employer hires an employee, it shall not detain his identity card or other certificates, nor may it require him to provide a guaranty or collect property from him under any other excuse.
Article 10 A written employment [contract] shall be concluded in the establishment of an employment relationship.
Where an employment relationship has already been established, but no written employment contract has been concluded simultaneously, a written employment contract shall be concluded within one month from the date of start to use the employee.
Where an employer and an employee conclude an employment contract prior to the employment, the employment relationship is established from the date of start to use the employee.
Article 11 Where an employer fails to conclude a written employment contract when it starts to use an employee, if the remuneration stipulated between it and the employee is not clear, the remuneration to the new employee shall conform to the provisions of the collective contract. If there is no collective contract or if there is no such stipulation in the collective contract, the principle of equal pay for equal work shall be observed.
Article 12 Employment contracts are classified into the fix-term employment contract, employment contract without a fixed term and the employment contract based on the time limit for the completion of a particular task.
Article 13 The term “fixed-term employment contract” refers to the employment contract in which the employer and the employee stipulate the time of termination of the contract.
The employer and the employee may conclude a fixed-term employment contract upon negotiation.
Article 14 The term “employment contract without a fixed term” refers to the employment contract in which the employer and the employee stipulate no certain time of termination of the contract.
An employer and an employee may, through negotiations, conclude an employment contract without a fixed term. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude an employment contract, an employment contract without a fixed term shall be concluded unless the employee proposes to conclude a fixed-term employment contract:
1. The employee has already worked for the employer for 10 consecutively full years;
2. When the employer initially adopts the employment contract system or when a state-owned enterprise re-concludes the employment contract due to restructuring, the employee has already worked in this employer for 10 consecutively full years and he attains to the age which is less than 10 years up to the statutory retirement age; or
3. The employment contract is to be renewed after two fixed-term employment contracts have been concluded consecutively, and the employee is not any of the circumstances as mentioned in Article 39 and Article (1) and (2) of Article 40 of this Law.
If the employer fails to sign a written employment contract with an employee after the lapse of one full year from the date of start to use him, it shall be deemed that the employer and the employee has concluded an employment contract without a fixed term.
Article 15 The term “employment contract based on the time limit for the completion of a particular task” refers to the employment contract in which the employer and the employee stipulate that the time period of the contract shall be based on the completion of a particular task.
An employer and an employee may, upon negotiation, conclude employment contract based on the completion of a particular task.
Article 16 An employment contract shall be agreed by the employer and the employee and shall come into effect after the employer and the employee affix their signatures or seals to the text of the employment contract.
The employer and the employee shall each hold one copy of the text of the employment contract.
Article 17 An employment contract shall include the following clauses:
1. The employer’s name, domicile, legal representative or major person-in-charge;
2. The employee’s name, domicile, number of identity card or number of any other valid identity certificate;
3. The time limit for the employment contract;
4. The work contents and address;
5. The work time, rest and vocation;
6. The remunerations;
7. The social security;
8. The employment protection, work conditions, and protection against and prevention of occupational harm; and
9. Other items that shall be included in the employment contract under any law or regulation.
Apart from the essential clauses as prescribed in the preceding paragraph, the employer and the employee may, in the employment contract, stipulate the probation period, training, confidentiality, supplementary insurances, welfares and treatments, as well as other items.
Article 18 If the remunerations, work conditions and other criterions are not expressly stipulated in the employment contract and if any dispute is triggered, the employer and the employee may re-negotiate with each other. If no agreement is reached through negotiations, the provisions of the collective contract shall be followed. If there is no collective contract or if there is no such stipulation about the remuneration, the principle of equal pay for equal work shall be observed. If there is no collective contract or if there is no such stipulation about the work conditions and other criterions in the collective contract, the relevant provisions of the state shall be followed.
Article 19 If the term of an employment contract is not less than 3 months but less than 1 year, the probation period shall not exceed one month. If the term of an employment contract is not less than one year but less than 3 years, the probation period shall not exceed 2 months. For an employment contract with a fixed term of 3 years or more or without a fixed term, the probation term shall not exceed 6 months.
An entity can only stipulate one probation period with a same employee.
For an employment contract based on the completion of a particular task or with a fixed term of less than 3 months, no probation period may be stipulated.
The probation period shall be included in the term of an employment contract. If there is only a stipulation on the probation period in an employment contract, the probation period shall be null and void, and it shall be the term of the employment contract.
Article 20 The wage of an employee during the probation period shall not be lower than the minimum wage for the same post of the same entity or not lower than 80% of the wage stipulated in the employment contract, nor may it be lower than the minimum wage of the place where the employer is located.
Article 21 During the probation period, except that the employee is under any of the circumstances as described in Article 39 and Article 40 (1) and (2), the employer shall not dissolve the employment contract, it shall make an explanation.
Article 22 Where an employer pays special training expenses for the special technical training of an employee, it shall reach an agreement on the service period with the employee.
If the employee violates the stipulation on the service period, he shall pay the employer a penalty for breach of contract. The amount of penalty for breach of contract shall not exceed the training fees provided by the employer. The penalty for breach of contract which the employer demands the employee to pay shall not exceed the training expenses attributable to the service period unfulfilled.
The service period stipulated by the employer and the employee does not affect the promotion of the remuneration of the employee during the probation period under the normal wage adjustment mechanism.
Article 23 The employer and the employee may stipulate in the employment contract matters such as keeping confidential the business secrets and intellectual property of the employer.
For an employee who has the obligation of keeping secrets, the employer and the employee may stipulate non-competition clauses in the employment contract or in the confidentiality agreement and come to an agreement that, when the employment contract is dissolved or terminated, the employee shall be given economic compensations within the non-competition period. If the employee violates the stipulation on non-competition, it shall pay the employer a penalty for breach of contract.
Article 24 The persons under non-competition shall be limited to an employer’s senior mangers, senior technicians and other employees who have the obligation to keep secrets. The scope, geographical range and time limit for non-competition shall be stipulated by the employer and the employer. The stipulation on non-competition shall not be contrary to any law or regulation.
After the dissolution or termination of an employment contract, the non-competition period for any of the persons as mentioned in the preceding paragraph to work in any other employer producing or engaging in products of the same category or engaging in business of the same category as this employer shall not exceed two years.
Article 25 Except for the circumstances as prescribed in Articles 22 and 23 of this Law, the employer shall not stipulate with the employee that the employee shall pay the penalty for breach of contract.
Article 26 The following employment contracts are invalid or are partially invalid if:
1. a party employs such means as 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;
2. the employer disclaims its legal liability or denies the employee’s rights; or
3. mandatory provisions of laws or administrative regulations are violated.
If there is any dispute over the invalid or partially invalid employment contract, it shall be subject to determination by the labor dispute arbitration institution or by the people’s court.
Article 27 The invalidity of any part of an employment contract does not affect the validity of the other parts thereof. The other parts shall still remain valid.
Article 28 If an employment contract is confirmed invalid and if the employee has already worked for the employer, the employer shall pay the employee remunerations. The amount of remunerations shall be determined by analogy to the remuneration to the employees taking up the same or similar posts of this entity.
Chapter III Fulfillment and Change of Employment Contract
Article 29 An employer and an employee shall, under the stipulations in the employment contract, fully perform their respective obligations.
Article 30 An employer shall, under the contractual stipulations and the provisions of the state, timely pay its employees the full amount of remunerations.
Where an employer defers or fails to pay the full amount of remunerations, the employee may apply to the local people’s court for an order of payment. The people’s court shall issue an order of payment in accordance with the law.
Article 31 An employer shall strictly ute the criterion on labor quota, it shall not force any employee to work overtime or do so in a disguised form. If the employer arranges overtime work, it shall pay the employee for the overtime work under the relevant provisions of the state.
Article 32 If the employee refuses to perform dangerous operations under the illicit command or forcibly order of the manager of the employer, he shall not be deemed to have violated the employment contract.
An employee may criticize, expose to the authorities or charge against the employer if the employer’s work conditions may endanger their life safety and health.
Article 33 An employer’s change of its name, legal representative, key person-in-charge or investor shall not affect the fulfillment of the employment contracts.
Article 34 In the case of combination or split-up, the original employment contracts of the employer still remain valid. Such employment contracts shall be performed by the employer succeeding to the rights and obligations of the aforesaid employer.
Article 35 An employer and an employee may modify the contents stipulated in the employment contract if they so agree upon negotiations. The modifications to the employment contract shall be made in writing.
The employer and the employee shall each hold one copy of the text of post-modification employment contract.
Chapter IV Dissolution and Termination of Employment Contracts
Article 36 An employer and an employee may dissolve the employment contract if they so agree upon negotiations.
Article 37 An employee may dissolve the employment contract if he notifies in writing the employer 30 days in advance. During the probation period, an employee may dissolve the employment contract if it notifies the employer 3 days in advance.
Article 38 Where an employer is under any of the following circumstances, the employees may dissolve the employment contract:
1. It fails to provide labor protection or work conditions as stipulated in the employment contract;
2. It fails to timely pay the full amount of remunerations;
3. It fails to pay social security premiums for the employees;
4. Its rules are contrary to any law or regulation and impair the rights and interests of the employees;
5. An employment contract is invalid due to the circumstance as mentioned in Article 26 (1) of this Law; or
6. Any other circumstance as prescribed by any law or administrative regulation under which the employment contract may be dissolved.
In the event that an employer forces any employee to work by violence, by threat or by illegally limiting his personal freedom, or that the employer illicitly commands or forces an employee to perform dangerous operations which may endanger his personal safety, the employee may immediately dissolve the employment contract without notifying the employer in advance.
Article 39 Where an employee is under any of the following circumstances, the employer may dissolve the employment contract:
1. It is proved that he does not meet the recruitment conditions during the probation period;
2. He seriously violates the rules of the employer;
3. He causes any severe damage to the employer because he seriously neglects his duties or seeks private benefits;
4. He simultaneously establishes an employment relationship with other employers and may seriously affect his completion of the tasks of this entity, or he refuses to make a correction though the employer has pointed it out;
5. The employment contract is invalidated due to the circumstance as mentioned in Item (1), paragraph 1, Article 26 of this Law; and
6. He is subject to criminal liabilities in accordance with the law.
Article 40 Under any of the following circumstances, the employer may dissolve the employment contract if it notifies in writing the employee himself 30 days in advance or after it pay the employee an extra month’s wages:
1. The employee is sick or is injured for a non-work-related reason, he cannot take up the original post after the expiration of the prescribed period of medical treatment, nor can he assume any other post arranged by the employer;
2. The employee is incompetent to his post and is still so upon training or upon change of his post; or
3. The objective situation, on which the conclusion of the employment contract is based, has changed considerably, the employment contract is unable to be performed and no agreement on changing the contents of the employment contract is reached after negotiations between the employer and the employee.
Article 41 Under any of the following circumstances, if it is necessary to cut down 20 or more employees, or if it is necessary to cut down less than 20 employees but which accounts for 10% of the total number of the employees, the employer shall, 30 days in advance, make an explanation to the labor union or to all employees. After it has solicited the opinions of the labor union or of the employees, it may cut down the number of employees upon reporting the employee reduction plan to labor administrative department:
1. It is under revitalization under the Enterprise Bankruptcy Law;
2. It encounters serious difficulties in production and business operation;
3. The enterprise changes products, makes important technological renovation or adjusts the form of business operation, and it is still necessary to cut down the number of employees after the employment contract is changed;
4. The objective economic situation, on which the employment contract is based, has changed considerably and it is unable to perform the employment contract.
The following employees shall be given a priority to be kept when the employer cuts down the number of employees:
1. Those who have concluded a fixed-term employment contract with a long time period
2. Those who have concluded a employment contract without fixed term; and
3. Those whose family has no other employee and has old men or minors to support.
After the employer intends to hire new employees within 6 months after it cuts down the number of employees in accordance with the first paragraph of this Article, it shall notify the employees cut down and shall, in the equal conditions, give a priority to the employees cut down.
Article 42 An employer shall not dissolve the employment contract under Articles 40 and 41 of this Law if an employee:
1. is engaging in operations exposing him to occupational disease hazards and has not undergone a occupational health check-up before he leaves his post, or is suspected of having an occupational disease and is being diagnosed or under medical observation;
2. has been confirmed as having lost or partially lost his capacity to work due to an occupational disease or a work-related injury during his employment with the employer ;
3. has contracted an illness or sustained a non-work-related injury, and the prescribed period of medical treatment therefor has not expired;
4. is a female employee in her pregnancy, confinement or nursing period;
5. has been working for the employer continuously for not less than 15 years and is less than 5 years away from his legal retirement age;
(6) finds himself in other circumstances as prescribed in laws or administrative regulations
Article 43 Where an employer unilaterally dissolves an employment contract, it shall notify the labor union of the reasons. If the employer violates any law, administrative regulation or stipulations of the employment contract, the labor union has the power to require the employer to make a correction. The employer shall consider the opinions of the labor union and notify in writing the labor union about the relevant result.
Article 44 An employment contract terminates if:
1. the employment contract has expired;
2. the employee has began to enjoy the basic old-age insurance treatments;
3. the employee is deceased, or is d dead or missing by the people’s court;
4. the employer is d bankrupt;
5. the employer has its business license revoked, is ordered to close down or is dissolved, or the employer makes a decision of liquidation ahead of the schedule; or
6. other circumstances prescribed in laws or administrative regulations occur.
Article 45 If an employment contract expires and it is under any of the circumstances as described in Article 42 of this Law, the term of employment contract shall be extended as at the disappearance of the relevant circumstance. However, the matters relating to the termination of the employment contract of an employee who has lost or partially lost his capacity to work as prescribed in Article 42 (2) of this Law shall be handled in accordance with pertinent provisions on work-related injury insurance.
Article 46 The employer shall, under any of the following circumstances, pay the employee an economic compensation:
1. The employee dissolves the employment contract in pursuance of Article 38 of this Law;
2. The employer proposes to dissolve the employment contract, and it reaches an agreement with the employee on the dissolution thereof through negotiations;
3. The employer dissolves the employment contract in accordance with Article 40 of this Law;
4. The employer dissolves the employment contract in accordance with the first Paragraph of Article 44 of this Law; or
5.The employment contract is a fixed–term contract that terminates according to Article 44 (1) of this Law, unless the employee refuses 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;
6. The employment contract is terminated under Article 44 (4) and (5) of this Law; or
7. Other circumstances as prescribed in laws and administrative regulations.
Article 47 An employee shall be given an economic compensation on the basis of the number of years he has worked for the employer at the rate of one month’s wage for each full year he worked. Any period of not less than six months but less than one year shall be counted as one year. The economic compensations payable to an employee for any period of less than six months shall be one-half of his monthly wage.
If the monthly wage of an employee is higher than three times the average monthly wage of employees as announced by the people’s government at the level of municipality directly under the central government or at the level of districted city where the employer is located, the rate for the economic compensations paid to him shall be three times the average monthly wage of employees and shall be for not more than 12 years of work.
The term “monthly wage” as mentioned in this Article refers to the employee’s average monthly wage for the 12 months prior to the dissolution or termination of his employment contract.
Article 48 If an employer dissolves or terminates an employment contract in violation of this Law and the employee demands continued fulfillment of the contract, the employer shall do so. If the employee does not so demand or if continued fulfillment of the employment contract is impossible, the employer shall pay compensation to him in accordance with Article 87 of this Law.
Article 49 The state shall take measures to establish a comprehensive system that ensure that the employees’ social security relationship can be transferred from one region to another and can be continued in such other regions.
Article 50 At the time of dissolution or termination of an employment contract, the employer shall issue a certification for the dissolution or termination of the employment contract and complete, within 15 days, the procedures for the transfer of the employee’s archives and social security relationship.
The employee shall complete the procedures for the handover of his work as agreed between both parties. If relevant provisions of this Law require the employer to pay an economic compensation, it shall make a payment upon completion of the procedures for the handover of the work.
The employer shall preserve the employment contracts, which have been dissolved or terminated, for not less than two years for reference purposes.
Chapter V Special Provisions
Section 1 Collective Contracts
Article 51 Upon equal negotiations, the enterprise employees, as one party, and the employer may conclude a collective contract on such matters as remuneration, working hours, rest, vacation, work safety and hygiene, insurance, benefits, etc. The draft of the collective contract shall be presented to the general meeting of employees or all the employees for discussion and approval.
A collective contract shall be concluded by the labor union, on behalf of the enterprise employees, and the employer. If the employer does not have a labor union yet, the contract shall be concluded between the employer and a representative chosen by the employees under the guidance of the labor union at the next higher level.
Article 52 The enterprise employees, as one party, and the employer may enter into specialized collective contracts regarding the work safety and hygiene, protection of the rights and interests of female employees, the wage adjustment mechanism, etc.
Article 53 Industrial or regional collective contracts may be concluded between the labor unions and representatives of enterprises in industries such as construction, mining, catering services, etc. in regions at or below the county level.
Article 54 After a collective contract has been concluded, it shall be submitted to the labor administrative department. The collective contract shall become effective after the lapse of 15 days from the date of receipt thereof by the labor administrative department, unless the said department raises any objections to the contract.
A collective contract that has been concluded in accordance with the law is binding on both the employer and the employees. An industrial or regional collective contract is binding on both the employers and employees in the industry or in the region.
Article 55 The criterions for remunerations, working conditions, etc. as stipulated in a collective contract shall not be lower than the minimum criterions as prescribed by the local people’s government. The criterions for remunerations, working conditions, etc. as stipulated in the employment contract between an employer and an employee shall not be lower than those as specified in the collective contract.
Article 56 If an employer’s breach of the collective contract infringes upon the labor rights and interests of the employees, the labor union may, in accordance with the law, demand the employer to bear the liability. If a dispute arising from the performance of the collective contract is not resolved after negotiations, the labor union may apply for arbitration and lodge a lawsuit in pursuance of law.
Section 2 Worker Dispatch
Article 57 Worker dispatch service providers shall be established in accordance with the Company Law and have registered capital of not less than RMB 500,000 yuan.
Article 58 Worker dispatch service providers are employers as mentioned in this Law and shall perform an employer’s obligations toward its employees. The employment contract between a worker dispatch service provider and a worker to be dispatched shall, in addition to the matters specified in Article 17 of this law, specify such matters as the entity to which the worker will be dispatched, the term of his placement, post, etc.
The employment contracts between a worker dispatch service provider and the workers to be dispatched shall be fixed-term employment contract with a term of not less than two years. The worker dispatch service provider shall pay the remunerations on a monthly basis. During periods when there is no work for the workers, the worker dispatch service providers shall pay such workers compensation on a monthly basis at the minimum wage prescribed by the people’s government of the place where the worker dispatch service providers is located.
Article 59 To dispatch workers, a worker dispatch service provider shall enter into dispatch agreements with the entity that accepts the workers under the dispatch arrangement (hereinafter referred to as the “accepting entity”). The dispatch agreements shall stipulate the posts to which the workers are dispatched, the number of persons to be dispatched, the term of dispatch, the amounts and terms of payments of remunerations and social security premiums, and the liability for breach of agreement.
An accepting entity shall decide with the worker service dispatch provider on the term of dispatch based on the actual requirements of the posts, and it shall not dismember a continuous term of labor use into two or more short-term dispatch agreements.
Article 60 A worker dispatch service provider shall inform the workers dispatched about the content of the dispatch agreements.
No worker dispatch service provider may skimp any remunerations that an accepting entity pays to the workers in accordance with the dispatch agreement.
No worker dispatch service provider or accepting entity may charge any fee against any dispatched workers.
Article 61 If a worker dispatch service provider assigns a worker to an accepting entity in another region, the worker’s remuneration and work conditions shall be in line with relevant criterions of the place where the accepting entity is located.
Article 62 An accepting entity shall perform the following obligations:
1. To implement state labor standards and provide the corresponding working conditions and labor protection;
2. To communicate the job requirements and labor compensations for the dispatched workers;
3. To pay overtime remunerations and performance bonuses and provide benefits relevant to the post;
4. To provide the placed employees who assume the posts with required training; and
5. To implement a normal wage adjustment system in the case of continuous placement.
No accepting entity may in turn dispatch the workers to any other employer.
Article 63 The workers dispatched shall have the right to receive the same pay as that received by employees of the accepting entity for the same work. If an accepting entity has no employee in the same post, the remunerations shall be determined with reference to that paid in the place where the accepting entity is located to employees at the same or a similar post.
Article 64 The workers dispatched have the right to join the labor union of the worker dispatch service provider or of the accepting entity or to organize such unions, so as to protect their own lawful rights and interests.
Article 65 A worker dispatched may, in accordance with Articles 36 and 38 of this Law, dissolve the employment contract between him and the worker dispatch service provider.
Where a worker dispatched is under any of the circumstances as mentioned in Article 39 and Article 40 (1) and (2), the accepting entity may return the worker to the worker dispatch service provider, the worker dispatch service provider may dissolve the employment contract between it with the worker.
Article 66 The workers shall generally be dispatched for temporary, auxiliary or substitute posts.
Article 67 No accepting entity may establish any worker dispatch service provider to dispatch workers to it and to its subordinates.
Section 3 Part-time Employment
Article 68 The term “part-time employment” means a form of labor for which the remuneration is mainly calculated on hourly basis, the average working hours of a worker per day shall not exceed 4 hours and the aggregate working hours 24 hours per week for the same employer shall not exceed 24 hours.
Article 69 Both parties to part-time employment may reach an oral agreement.
A worker who engages in part-time employment may conclude an employment contract with one or more employers, but an employment contract concluded subsequently may not prejudice the performance of an employment contract previously concluded.
Article 70 No probation period may be stipulated by both parties to part-time employment.
Article 71 Either of the parties to part-time employment may inform the other party of the termination of labor at any time. At the time of termination of part-time employment, the employer will pay no economic compensation to the employee.
Article 72 The criterions for the calculation of part-time employment on hourly basis shall not be lower than the minimum hourly wage rates as prescribed by the people’s government of the place where the employer is located.
The maximum remuneration settlement and payment cycle for part-time employment shall not exceed 15 days.
Chapter VI Supervision and Inspection
Article 73 The labor administrative department of the State Council shall be responsible for the supervision and inspection of the implementation of the system of employment contracts throughout the country.
The labor administrative department of the local people’s governments at the county level and above shall be responsible for the supervision and inspection of the implementation of the system of employment contracts within their respective administrative area.
During the supervision and inspection of the implementation of the system of employment contracts, the labor administrative departments of the people’s governments at the county level and above shall solicit the opinions of the labor unions, enterprise representatives and relevant industrial administrative departments.
Article 74 The labor administrative department of the local people’s government at the county level or above shall exercise supervision and inspection in respect of the implementation of the system of employment contracts:
1. The employers’ formulation of rules and regulations directly related to the interests of workers, and the implementation thereof;
2. The formation and dissolution of employment contracts by employers and workers;
3. The compliance with relevant regulations on placement by worker dispatch service providers and the accepting entities;
4.The employers’ compliance with provisions of the state on workers’ working hours, rest and vacation;
5. The employers’ payment for remuneration as specified in the employment contracts and compliance with the minimum wage criterions;
6. The employers’ participation in the social security and payment for social security premiums; and
7. Other labor supervision matters as prescribed by laws and regulations.
Article 75 During the supervision and inspection process, the labor administrative department of the people’s government at the county level or above has the power to consult the materials relevant to the employment contracts and collective contracts and to conduct on-the-spot inspections to the work places. The employers and employees shall faithfully provide pertinent information and materials.
When the functionaries of the labor administrative department conduct an inspection, they shall show their certificates, exercise their duties and powers pursuant to law and enforce the law in a well-disciplined manner.
Article 76 The relevant administrative departments of construction, health, work safety supervision and administration, etc. of the people’s governments at the county level and above shall, under their respective functions, supervise and administer the employers’ implementation of the system of employment contracts.
Article 77 For any employer whose lawful rights and interests are impaired, he may require the relevant department to deal with the case, or apply for an arbitration or lodge a lawsuit.
Article 78 A labor union shall protect the employees’ legitimate rights and interests and supervise the employer’s fulfillment of the employment contracts and collective contracts. If the employer violates any law or regulation or breaches any employment contract or collective contract, the labor union may put forward its opinions and require it to make a correction. If the employee applies for arbitration or lodges a lawsuit, the labor union shall support and help him in pursuance of law.
Article 79 Any organization or individual may expose violations of this law. The labor administrative departments of the people’s governments at the county level and above shall timely verify and deal with such violations and shall grant awards to the meritorious persons.
Chapter VII Legal Liabilities
Article 80 If an employer’s rule directly related to the employees’ interests is contrary to any law or regulation, the labor administration department shall order it to make a correction and give it a warning. If the said rule causes any damage to the employees, the employer shall bear the liability for compensation.
Article 81 If the text of an employment contract provided by an employer lacks any of the mandatory clauses which this Law requires to be included in such contracts or if an employer fails to deliver the text of the employment contract to the employee, the labor administration department shall order it to make a correction. If any damage is caused to the employee, the employer shall bear the liability for compensation.
Article 82 If an employer concludes a written employment contract with an employee more than one month but less than one year after the date on which it started using him, it shall pay to the worker his monthly wages at double amount.
If an employer fails, in violation of this Law, to conclude with an employee an employment contract, it shall pay to the employee his monthly wage at double amount, starting from the date on which an employment contract without fixed term should have been concluded.
Article 83 If the probation period stipulated by an employer with an employee violates this Law, the labor administration department shall order the employer to make a correction. If the illegally stipulated probation has been performed, the employer shall pay compensation to the employee according to the time worked on probation beyond the statutory probation period, at the rate of the employee’s monthly wage following the completion of his probation.
Article 84 Where an employer violates this Law due to detaining the resident identity cards or other certificates of the employees, the labor administrative department shall order it to return the said certificates to the employees within a time limit and shall punish it in accordance with the relevant law.
Where an employer violates this Law due to collecting property from employees in the name of guaranty or in any other excuse, the labor administrative department shall order it to return the said property to the employees within a time limit and fine it not less than 500 yuan but not more than 2,000 yuan for each person. If any damage is caused to the employees, the employer shall be liable for compensation.
When an employee dissolves or terminates the employment contract in pursuance of law, if the employer retains the archives or other articles of the employees, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 85 Where an employing entity is under any of the following circumstances, the labor administrative department shall order it to pay the remunerations, overtime remunerations or economic compensations within a time limit. If the remuneration is lower than the local minimum wage, the employer shall pay the shortfall. If payment is not made within the time limit, the employer shall be ordered to pay an extra compensation to the employee at a rate of not less than 50 percent and not more than 100 percent of the payable amount:
1. Failing to pay an employee his remunerations in full amount and on time as stipulated in the employment contract or prescribed by the state;
2. Paying an employee the wage below the local minimum wage;
3. Arranging overtime work without paying overtime remunerations; or
4. Dissolving or terminating an employment contract without paying the employee the economic compensation under this Law.
Article 86 Where an employment contract is confirmed invalid under Article 26 of this Law, if any damage is caused to the other party, the party at fault shall be liable for compensation.
Article 87 If the employer violates this Law due to dissolving or terminating the employment contract, it shall pay a compensation to the employee at the rate of twice the economic compensations as prescribed in Article 47 of this Law.
Article 88 Where an employer is under any of the following circumstances, it shall be given an administrative punishment. If any crime is constituted, it shall be subject to criminal liabilities. If any damage is caused to the employee, the employer shall be liable for compensation:
1. To force the employee to work by violence, threat or illegal limitation of personal freedom;
2. To illegally command or force any employee to perform dangerous operations endangering the employee’s personal safety;
3. To insult, corporally punish, beat, illegally search or detains any employee; or
4. To provide bad working conditions or a severely polluted environment, resulting in serious damages to the physical or mental health of employees;
Article 89 Where an employer violates this Law due to failure to issue to an employee a written certificate for the dissolution or termination of an employment contract, it shall be ordered to make a correction by the labor administrative department. If any damage is caused to the employee, it shall be liable for compensation.
Article 90 Where an employee violates this Law due to dissolution of the employment contract, or violates the stipulations of the employment contract about the confidentiality obligation or non-competition, if any loss is caused to the employer, he shall be liable for compensation.
Article 91 Where an employer hires any employee whose employment contract with another employer has not been dissolved or terminated yet, if any loss is caused to the employer mentioned later, the employer first mentioned shall bear joint and several liability of compensation.
Article 92 Where a worker dispatch service provider violates this Law, it shall be ordered to make a correction by the labor administrative department and other relevant administrative departments. If the circumstance is severe, it shall be fined at the rate of not less than 1, 000 yuan but not more than 5, 000 yuan per person and have its business license revoked by the administrative department for industry and commerce. If any damage is caused to the workers dispatched, the worker dispatch service provider and the accepting entity shall bear joint and several liability of compensation.
Article 93 Where an employer without the lawful business operation qualifications commits any violation or crime, it shall be subject to legal liabilities. If the employees have already worked for the employer, the employer or its capital contributors shall, under the relevant provisions of this Law, pay the employees remunerations, economic compensations or indemnities. If any damage is caused to the employee, it shall be liable for compensation.
Article 94 Where an individual as a business operation contractor hires employees in violation of this Law and causes any damage to any employee, the contract-letting organization and the individual business operation contractor shall be jointly and severally liable for compensation.
Article 95 The labor administrative department, or any other relevant administrative department, or any of the functionaries thereof neglects its (his) duties, does not perform the statutory duties or exercises its (his) duties in violation of law, it (he) shall be liable for compensation. The directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities.
Chapter VIII Supplementary Provisions
Article 96 For the formation, performance, modification, dissolution or termination of employment contract between a public institution and an employee under the system of employment, if it is otherwise provided for in any law, administrative regulation or by the State Council, the latter shall be followed. If there is no such provision, the relevant provisions of this Law shall be observed.
Article 97 Employment contracts concluded before the implementation of this Law and continuing to exist on the implementation date of this Law shall continue to be performed. For the purposes of Item (3) of the second paragraph of Article 14 of this Law, the number of consecutive times on which a fixed-term employment contract is concluded shall be counted from the first renewal of such contract to occur after the implementation of this Law.
If an employment relationship was established prior to the implementation of this Law without the conclusion of a written employment contract, such contract shall be concluded within one month from the date on which this Law becomes effective.
If an employment contract existing on the implementation date of this Law is dissolved or terminated after the implementation of this Law and, in accordance with Article 46 of this Law, an economic compensation is payable, the number of years for which the economic compensation is payable shall be counted from the implementation date of this Law. If, under relevant effective regulations prior to the implementation of this Law, the employee is entitled to the economic compensation from the employer in respect of a period prior to the implementation of this Law, the matters shall be handled in accordance with the relevant effective regulations at that time.
Article 98 This Law shall come into force as of January 1, 2008.
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中华人民共和国劳动合同法
发布日期： 2007-06-29 发布部门： 全国人大常委会
生效日期： 2008-01-01 类 别： 合同
中华人民共和国主席令
（第六十五号）
《中华人民共和国劳动合同法》已由中华人民共和国第十届全国人民代表大会常务委员会第二十八次会议于2007年6月29日通过，现予公布，自2008年1月1日起施行。
中华人民共和国主席 胡锦涛
2007年6月29日
中华人民共和国劳动合同法
（2007年6月29日第十届全国人民代表大会常务委员会第二十八次会议通过）
目 录
第一章 总则
第二章 劳动合同的订立
第三章 劳动合同的履行和变更
第四章 劳动合同的解除和终止
第五章 特别规定
第一节 集体合同
第二节 劳务派遣
第三节 非全日制用工
第六章 监督检查
第七章 法律责任
第八章 附则
第一章 总则
第一条 为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益，构建和发展和谐稳定的劳动关系，制定本法。
第二条 中华人民共和国境内的企业、个体经济组织、民办非企业单位等组织（以下称用人单位）与劳动者建立劳动关系，订立、履行、变更、解除或者终止劳动合同，适用本法。
国家机关、事业单位、社会团体和与其建立劳动关系的劳动者，订立、履行、变更、解除或者终止劳动合同，依照本法执行。
第三条 订立劳动合同，应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则。
依法订立的劳动合同具有约束力，用人单位与劳动者应当履行劳动合同约定的义务。
第四条 用人单位应当依法建立和完善劳动规章制度，保障劳动者享有劳动权利、履行劳动义务。
用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。
在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。
用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示，或者告知劳动者。
第五条 县级以上人民政府劳动行政部门会同工会和企业方面代表，建立健全协调劳动关系三方机制，共同研究解决有关劳动关系的重大问题。
第六条 工会应当帮助、指导劳动者与用人单位依法订立和履行劳动合同，并与用人单位建立集体协商机制，维护劳动者的合法权益。
第二章 劳动合同的订立
第七条 用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。
第八条 用人单位招用劳动者时，应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况；用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。
第九条 用人单位招用劳动者，不得扣押劳动者的居民身份证和其他证件，不得要求劳动者提供担保或者以其他名义向劳动者收取财物。
第十条 建立劳动关系，应当订立书面劳动合同。
已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起一个月内订立书面劳动合同。
用人单位与劳动者在用工前订立劳动合同的，劳动关系自用工之日起建立。
第十一条 用人单位未在用工的同时订立书面劳动合同，与劳动者约定的劳动报酬不明确的，新招用的劳动者的劳动报酬按照集体合同规定的标准执行；没有集体合同或者集体合同未规定的，实行同工同酬。
第十二条 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。
第十三条 固定期限劳动合同，是指用人单位与劳动者约定合同终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立固定期限劳动合同。
第十四条 无固定期限劳动合同，是指用人单位与劳动者约定无确定终止时间的劳动合同。
用人单位与劳动者协商一致，可以订立无固定期限劳动合同。有下列情形之一，劳动者提出或者同意续订、订立劳动合同的，除劳动者提出订立固定期限劳动合同外，应当订立无固定期限劳动合同：
（一）劳动者在该用人单位连续工作满十年的；
（二）用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时，劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的；
（三）连续订立二次固定期限劳动合同，且劳动者没有本法第三十九条和第四十条第一项、第二项规定的情形，续订劳动合同的。
用人单位自用工之日起满一年不与劳动者订立书面劳动合同的，视为用人单位与劳动者已订立无固定期限劳动合同。
第十五条 以完成一定工作任务为期限的劳动合同，是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。
用人单位与劳动者协商一致，可以订立以完成一定工作任务为期限的劳动合同。
第十六条 劳动合同由用人单位与劳动者协商一致，并经用人单位与劳动者在劳动合同文本上签字或者盖章生效。
劳动合同文本由用人单位和劳动者各执一份。
第十七条 劳动合同应当具备以下条款：
（一）用人单位的名称、住所和法定代表人或者主要负责人；
（二）劳动者的姓名、住址和居民身份证或者其他有效身份证件号码；
（三）劳动合同期限；
（四）工作内容和工作地点；
（五）工作时间和休息休假；
（六）劳动报酬；
（七）社会保险；
（八）劳动保护、劳动条件和职业危害防护；
（九）法律、法规规定应当纳入劳动合同的其他事项。
劳动合同除前款规定的必备条款外，用人单位与劳动者可以约定试用期、培训、保守秘密、补充保险和福利待遇等其他事项。
第十八条 劳动合同对劳动报酬和劳动条件等标准约定不明确，引发争议的，用人单位与劳动者可以重新协商；协商不成的，适用集体合同规定；没有集体合同或者集体合同未规定劳动报酬的，实行同工同酬；没有集体合同或者集体合同未规定劳动条件等标准的，适用国家有关规定。
第十九条 劳动合同期限三个月以上不满一年的，试用期不得超过一个月；劳动合同期限一年以上不满三年的，试用期不得超过二个月；三年以上固定期限和无固定期限的劳动合同，试用期不得超过六个月。
同一用人单位与同一劳动者只能约定一次试用期。
以完成一定工作任务为期限的劳动合同或者劳动合同期限不满三个月的，不得约定试用期。
试用期包含在劳动合同期限内。劳动合同仅约定试用期的，试用期不成立，该期限为劳动合同期限。
第二十条 劳动者在试用期的工资不得低于本单位相同岗位最低档工资或者劳动合同约定工资的百分之八十，并不得低于用人单位所在地的最低工资标准。
第二十一条 在试用期中，除劳动者有本法第三十九条和第四十条第一项、第二项规定的情形外，用人单位不得解除劳动合同。用人单位在试用期解除劳动合同的，应当向劳动者说明理由。
第二十二条 用人单位为劳动者提供专项培训费用，对其进行专业技术培训的，可以与该劳动者订立协议，约定服务期。
劳动者违反服务期约定的，应当按照约定向用人单位支付违约金。违约金的数额不得超过用人单位提供的培训费用。用人单位要求劳动者支付的违约金不得超过服务期尚未履行部分所应分摊的培训费用。
用人单位与劳动者约定服务期的，不影响按照正常的工资调整机制提高劳动者在服务期期间的劳动报酬。
第二十三条 用人单位与劳动者可以在劳动合同中约定保守用人单位的商业秘密和与知识产权相关的保密事项。
对负有保密义务的劳动者，用人单位可以在劳动合同或者保密协议中与劳动者约定竞业限制条款，并约定在解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。劳动者违反竞业限制约定的，应当按照约定向用人单位支付违约金。
第二十四条 竞业限制的人员限于用人单位的高级管理人员、高级技术人员和其他负有保密义务的人员。竞业限制的范围、地域、期限由用人单位与劳动者约定，竞业限制的约定不得违反法律、法规的规定。
在解除或者终止劳动合同后，前款规定的人员到与本单位生产或者经营同类产品、从事同类业务的有竞争关系的其他用人单位，或者自己开业生产或者经营同类产品、从事同类业务的竞业限制期限，不得超过二年。
第二十五条 除本法第二十二条和第二十三条规定的情形外，用人单位不得与劳动者约定由劳动者承担违约金。
第二十六条 下列劳动合同无效或者部分无效：
（一）以欺诈、胁迫的手段或者乘人之危，使对方在违背真实意思的情况下订立或者变更劳动合同的；
（二）用人单位免除自己的法定责任、排除劳动者权利的；
（三）违反法律、行政法规强制性规定的。
对劳动合同的无效或者部分无效有争议的，由劳动争议仲裁机构或者人民法院确认。
第二十七条 劳动合同部分无效，不影响其他部分效力的，其他部分仍然有效。
第二十八条 劳动合同被确认无效，劳动者已付出劳动的，用人单位应当向劳动者支付劳动报酬。劳动报酬的数额，参照本单位相同或者相近岗位劳动者的劳动报酬确定。
第三章 劳动合同的履行和变更
第二十九条 用人单位与劳动者应当按照劳动合同的约定，全面履行各自的义务。
第三十条 用人单位应当按照劳动合同约定和国家规定，向劳动者及时足额支付劳动报酬。
用人单位拖欠或者未足额支付劳动报酬的，劳动者可以依法向当地人民法院申请支付令，人民法院应当依法发出支付令。
第三十一条 用人单位应当严格执行劳动定额标准，不得强迫或者变相强迫劳动者加班。用人单位安排加班的，应当按照国家有关规定向劳动者支付加班费。
第三十二条 劳动者拒绝用人单位管理人员违章指挥、强令冒险作业的，不视为违反劳动合同。
劳动者对危害生命安全和身体健康的劳动条件，有权对用人单位提出批评、检举和控告。
第三十三条 用人单位变更名称、法定代表人、主要负责人或者投资人等事项，不影响劳动合同的履行。
第三十四条 用人单位发生合并或者分立等情况，原劳动合同继续有效，劳动合同由承继其权利和义务的用人单位继续履行。
第三十五条 用人单位与劳动者协商一致，可以变更劳动合同约定的内容。变更劳动合同，应当采用书面形式。
变更后的劳动合同文本由用人单位和劳动者各执一份。
第四章 劳动合同的解除和终止
第三十六条 用人单位与劳动者协商一致，可以解除劳动合同。
第三十七条 劳动者提前三十日以书面形式通知用人单位，可以解除劳动合同。劳动者在试用期内提前三日通知用人单位，可以解除劳动合同。
第三十八条 用人单位有下列情形之一的，劳动者可以解除劳动合同：
（一）未按照劳动合同约定提供劳动保护或者劳动条件的；
（二）未及时足额支付劳动报酬的；
（三）未依法为劳动者缴纳社会保险费的；
（四）用人单位的规章制度违反法律、法规的规定，损害劳动者权益的；
（五）因本法第二十六条第一款规定的情形致使劳动合同无效的；
（六）法律、行政法规规定劳动者可以解除劳动合同的其他情形。
用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动者劳动的，或者用人单位违章指挥、强令冒险作业危及劳动者人身安全的，劳动者可以立即解除劳动合同，不需事先告知用人单位。
第三十九条 劳动者有下列情形之一的，用人单位可以解除劳动合同：
（一）在试用期间被证明不符合录用条件的；
（二）严重违反用人单位的规章制度的；
（三）严重失职，营私舞弊，给用人单位造成重大损害的；
（四）劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的；
（五）因本法第二十六条第一款第一项规定的情形致使劳动合同无效的；
（六）被依法追究刑事责任的。
第四十条 有下列情形之一的，用人单位提前三十日以书面形式通知劳动者本人或者额外支付劳动者一个月工资后，可以解除劳动合同：
（一）劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的；
（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，致使劳动合同无法履行，经用人单位与劳动者协商，未能就变更劳动合同内容达成协议的。
第四十一条 有下列情形之一，需要裁减人员二十人以上或者裁减不足二十人但占企业职工总数百分之十以上的，用人单位提前三十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后，裁减人员方案经向劳动行政部门报告，可以裁减人员：
（一）依照企业破产法规定进行重整的；
（二）生产经营发生严重困难的；
（三）企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的；
（四）其他因劳动合同订立时所依据的客观经济情况发生重大变化，致使劳动合同无法履行的。
裁减人员时，应当优先留用下列人员：
（一）与本单位订立较长期限的固定期限劳动合同的；
（二）与本单位订立无固定期限劳动合同的；
（三）家庭无其他就业人员，有需要扶养的老人或者未成年人的。
用人单位依照本条第一款规定裁减人员，在六个月内重新招用人员的，应当通知被裁减的人员，并在同等条件下优先招用被裁减的人员。
第四十二条 劳动者有下列情形之一的，用人单位不得依照本法第四十条、第四十一条的规定解除劳动合同：
（一）从事接触职业病危害作业的劳动者未进行离岗前职业健康检查，或者疑似职业病病人在诊断或者医学观察期间的；
（二）在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的；
（三）患病或者非因工负伤，在规定的医疗期内的；
（四）女职工在孕期、产期、哺乳期的；
（五）在本单位连续工作满十五年，且距法定退休年龄不足五年的；
（六）法律、行政法规规定的其他情形。
第四十三条 用人单位单方解除劳动合同，应当事先将理由通知工会。用人单位违反法律、行政法规规定或者劳动合同约定的，工会有权要求用人单位纠正。用人单位应当研究工会的意见，并将处理结果书面通知工会。
第四十四条 有下列情形之一的，劳动合同终止：
（一）劳动合同期满的；
（二）劳动者开始依法享受基本养老保险待遇的；
（三）劳动者死亡，或者被人民法院宣告死亡或者宣告失踪的；
（四）用人单位被依法宣告破产的；
（五）用人单位被吊销营业执照、责令关闭、撤销或者用人单位决定提前解散的；
（六）法律、行政法规规定的其他情形。
第四十五条 劳动合同期满，有本法第四十二条规定情形之一的，劳动合同应当续延至相应的情形消失时终止。但是，本法第四十二条第二项规定丧失或者部分丧失劳动能力劳动者的劳动合同的终止，按照国家有关工伤保险的规定执行。
第四十六条 有下列情形之一的，用人单位应当向劳动者支付经济补偿：
（一）劳动者依照本法第三十八条规定解除劳动合同的；
（二）用人单位依照本法第三十六条规定向劳动者提出解除劳动合同并与劳动者协商一致解除劳动合同的；
（三）用人单位依照本法第四十条规定解除劳动合同的；
（四）用人单位依照本法第四十一条第一款规定解除劳动合同的；
（五）除用人单位维持或者提高劳动合同约定条件续订劳动合同，劳动者不同意续订的情形外，依照本法第四十四条第一项规定终止固定期限劳动合同的；
（六）依照本法第四十四条第四项、第五项规定终止劳动合同的；
（七）法律、行政法规规定的其他情形。
第四十七条 经济补偿按劳动者在本单位工作的年限，每满一年支付一个月工资的标准向劳动者支付。六个月以上不满一年的，按一年计算；不满六个月的，向劳动者支付半个月工资的经济补偿。
劳动者月工资高于用人单位所在直辖市、设区的市级人民政府公布的本地区上年度职工月平均工资三倍的，向其支付经济补偿的标准按职工月平均工资三倍的数额支付，向其支付经济补偿的年限最高不超过十二年。
本条所称月工资是指劳动者在劳动合同解除或者终止前十二个月的平均工资。
第四十八条 用人单位违反本法规定解除或者终止劳动合同，劳动者要求继续履行劳动合同的，用人单位应当继续履行；劳动者不要求继续履行劳动合同或者劳动合同已经不能继续履行的，用人单位应当依照本法第八十七条规定支付赔偿金。
第四十九条 国家采取措施，建立健全劳动者社会保险关系跨地区转移接续制度。
第五十条 用人单位应当在解除或者终止劳动合同时出具解除或者终止劳动合同的证明，并在十五日内为劳动者办理档案和社会保险关系转移手续。
劳动者应当按照双方约定，办理工作交接。用人单位依照本法有关规定应当向劳动者支付经济补偿的，在办结工作交接时支付。
用人单位对已经解除或者终止的劳动合同的文本，至少保存二年备查。
第五章 特别规定
第一节 集体合同
第五十一条 企业职工一方与用人单位通过平等协商，可以就劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利等事项订立集体合同。集体合同草案应当提交职工代表大会或者全体职工讨论通过。
集体合同由工会代表企业职工一方与用人单位订立；尚未建立工会的用人单位，由上级工会指导劳动者推举的代表与用人单位订立。
第五十二条 企业职工一方与用人单位可以订立劳动安全卫生、女职工权益保护、工资调整机制等专项集体合同。
第五十三条 在县级以下区域内，建筑业、采矿业、餐饮服务业等行业可以由工会与企业方面代表订立行业性集体合同，或者订立区域性集体合同。
第五十四条 集体合同订立后，应当报送劳动行政部门；劳动行政部门自收到集体合同文本之日起十五日内未提出异议的，集体合同即行生效。
依法订立的集体合同对用人单位和劳动者具有约束力。行业性、区域性集体合同对当地本行业、本区域的用人单位和劳动者具有约束力。
第五十五条 集体合同中劳动报酬和劳动条件等标准不得低于当地人民政府规定的最低标准；用人单位与劳动者订立的劳动合同中劳动报酬和劳动条件等标准不得低于集体合同规定的标准。
第五十六条 用人单位违反集体合同，侵犯职工劳动权益的，工会可以依法要求用人单位承担责任；因履行集体合同发生争议，经协商解决不成的，工会可以依法申请仲裁、提起诉讼。
第二节 劳务派遣
第五十七条 劳务派遣单位应当依照公司法的有关规定设立，注册资本不得少于五十万元。
第五十八条 劳务派遣单位是本法所称用人单位，应当履行用人单位对劳动者的义务。劳务派遣单位与被派遣劳动者订立的劳动合同，除应当载明本法第十七条规定的事项外，还应当载明被派遣劳动者的用工单位以及派遣期限、工作岗位等情况。
劳务派遣单位应当与被派遣劳动者订立二年以上的固定期限劳动合同，按月支付劳动报酬；被派遣劳动者在无工作期间，劳务派遣单位应当按照所在地人民政府规定的最低工资标准，向其按月支付报酬。
第五十九条 劳务派遣单位派遣劳动者应当与接受以劳务派遣形式用工的单位（以下称用工单位）订立劳务派遣协议。劳务派遣协议应当约定派遣岗位和人员数量、派遣期限、劳动报酬和社会保险费的数额与支付方式以及违反协议的责任。
用工单位应当根据ð | 
