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Regulation on the Implementation of the Employment Contract Law of the People's Republic of China [Effective]
中华人民共和国劳动合同法实施条例 [现行有效]
【法宝引证码】

 
Order of the State Council of the People's Republic of China 

中华人民共和国国务院令


(No.535)
 
(第535号)


The Regulation on the Implementation of the Employment Contract Law of the People's Republic of China, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated, and shall come into force on the date of promulgation.
 
《中华人民共和国劳动合同法实施条例》已经2008年9月3日国务院第25次常务会议通过,现予公布,自公布之日起施行。

Premier Wen Jiabao
 
总理 温家宝

September 18, 2008
 
二00八年九月十八日

Regulation on the Implementation of the Employment Contract Law of the People's Republic of China
 
中华人民共和国劳动合同法实施条例

 
Chapter I General Provisions 

第一章 总则


 
Article 1 This Regulation is formulated to implement the Employment Contract Law of the People's Republic of China (hereinafter referred to as Employment Contract Law).   第一条 为了贯彻实施《中华人民共和国劳动合同法》(以下简称劳动合同法),制定本条例。

 
Article 2 The people's governments at all levels, the labor administrative departments of the people's governments at or above the county level, and the labor unions, etc. shall take steps to promote the implementation of the Employment Contract Law and develop a harmonious employment relationship.   第二条 各级人民政府和县级以上人民政府劳动行政等有关部门以及工会等组织,应当采取措施,推动劳动合同法的贯彻实施,促进劳动关系的和谐。

 
Article 3 Legally established accounting firms, law firms and other partnerships and foundations are employers defined in the Employment Contract Law.   第三条 依法成立的会计师事务所、律师事务所等合伙组织和基金会,属于劳动合同法规定的用人单位。

 
Chapter II Conclusion of Employment Contracts 

第二章 劳动合同的订立


 
Article 4 A branch office established by an employer as defined in the Employment Contract Law which has obtained its business license or registration certificate according to law may conclude employment contracts with employees in the name of an employer; if it has failed to obtained a business license or registration certificate, it may conclude employment contracts with employees only upon the authorization of the employer.   第四条 劳动合同法规定的用人单位设立的分支机构,依法取得营业执照或者登记证书的,可以作为用人单位与劳动者订立劳动合同;未依法取得营业执照或者登记证书的,受用人单位委托可以与劳动者订立劳动合同。

 
Article 5 Where any employee, after being notified by the employer in writing, fails to conclude a written employment contract with the employer within one month from the day when he is employed, the employer shall terminate the employment relationship with the employee and notify the employee in writing, in which case, the employer is not required to make any economic compensation to the employee, but shall pay the employee for his actual working time.   第五条 自用工之日起一个月内,经用人单位书面通知后,劳动者不与用人单位订立书面劳动合同的,用人单位应当书面通知劳动者终止劳动关系,无需向劳动者支付经济补偿,但是应当依法向劳动者支付其实际工作时间的劳动报酬。

 
Article 6 Where an employer fails to conclude a written employment contract with an employee after the lapse of more than one month but less than one year from the date when the employee is employed, it shall pay to the worker his monthly wages in double amount according to Article 82 of the Employment Contract Law, and shall conclude a written employment contract with the employee. Where an employee refuses to conclude a written employment contract with his employer, the employer shall terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee according to Article 47 of the Employment Contract Law.   第六条 用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的,应当依照劳动合同法八十二条的规定向劳动者每月支付两倍的工资,并与劳动者补订书面劳动合同;劳动者不与用人单位订立书面劳动合同的,用人单位应当书面通知劳动者终止劳动关系,并依照劳动合同法四十七条的规定支付经济补偿。

The start time of the period when an employer is required to pay an employee his monthly wages in double amount shall be the day following the full month from the day when the employee is employed, and the end time shall be the day before the day when the written employment contract is concluded.
 
前款规定的用人单位向劳动者每月支付两倍工资的起算时间为用工之日起满一个月的次日,截止时间为补订书面劳动合同的前一日。

 
Article 7 Where an employer fails to conclude a written employment contract with an employee after the lapse of one full year from the day when the employee is employed, under Article 82 of the Employment Contract Law, the employer shall pay his monthly wages in double amount from the day next to the lapse of a full month to the day before it is a full year since the employee's employment, and it shall be deemed that the employer has concluded an employment contract without a fixed term with the employee on the day when it is a full year since the employee's employment, and a written employment contract without a fixed term shall be concluded with the employee immediately.   第七条 用人单位自用工之日起满一年未与劳动者订立书面劳动合同的,自用工之日起满一个月的次日至满一年的前一日应当依照劳动合同法八十二条的规定向劳动者每月支付两倍的工资,并视为自用工之日起满一年的当日已经与劳动者订立无固定期限劳动合同,应当立即与劳动者补订书面劳动合同。

 
Article 8 The roster of employees as mentioned in Article 7 of the Employment Contract Law shall contain the employees' name, gender, citizen's identity number, registered permanent residence address and current address, contact information, form of employment, start time of employment, and term of the employment contract, etc.   第八条 劳动合同法七条规定的职工名册,应当包括劳动者姓名、性别、公民身份号码、户籍地址及现住址、联系方式、用工形式、用工起始时间、劳动合同期限等内容。

 
Article 9 The start time of the term “10 consecutive years” as mentioned in Paragraph 2 of Article 14 of the Employment Contract Law shall be the day when the employer hired the employee, including the time of employment before the Employment Contract Law came into force.   第九条 劳动合同法十四条第二款规定的连续工作满10年的起始时间,应当自用人单位用工之日起计算,包括劳动合同法施行前的工作年限。

 
Article 10 Where an employee is transferred to a new employer for reasons not attributable to himself, his working time with the original employer shall be consolidated into his working time with the new employer. If the original employer has made economic compensations for his working time with the original employer, the new employer shall not consider the employee's working time with the original employer when calculating economic compensations made to such employee for dissolving or terminating the employment contract with him.   第十条 劳动者非因本人原因从原用人单位被安排到新用人单位工作的,劳动者在原用人单位的工作年限合并计算为新用人单位的工作年限。原用人单位已经向劳动者支付经济补偿的,新用人单位在依法解除、终止劳动合同计算支付经济补偿的工作年限时,不再计算劳动者在原用人单位的工作年限。

 
Article 11 Where an employee proposes the conclusion of an employment contract without a fixed term with the employer under Paragraph 2, Article 14 of the Employment Contract Law, the employer shall conclude an employment contract without a fixed term with him, unless it is otherwise agreed to by both parties. The contents of an employment contract shall be determined by both parties under the principles of legality, equity, free will, consensus and good faith. Any dispute over the contents shall be settled according to Article 18 of the Employment Contract Law.   第十一条 除劳动者与用人单位协商一致的情形外,劳动者依照劳动合同法十四条第二款的规定,提出订立无固定期限劳动合同的,用人单位应当与其订立无固定期限劳动合同。对劳动合同的内容,双方应当按照合法、公平、平等自愿、协商一致、诚实信用的原则协商确定;对协商不一致的内容,依照劳动合同法十八条的规定执行。

 
Article 12 For the public welfare posts arranged by the local people's governments at various levels and the relevant departments of the local people's government at or above the county level for people with employment difficulties which enjoy post-based subsidies and social insurance subsidies, the provisions of the Employment Contract Law with respect to employment contracts without a fixed term and economic compensations are not applicable to the employment contracts for those posts.   第十二条 地方各级人民政府及县级以上地方人民政府有关部门为安置就业困难人员提供的给予岗位补贴和社会保险补贴的公益性岗位,其劳动合同不适用劳动合同法有关无固定期限劳动合同的规定以及支付经济补偿的规定。

 
Article 13 An employer and an employee may not agree on any other term for the termination of the employment contract beyond the circumstances for the termination of employment contracts as prescribed in Article 44 of the Employment Contract Law.
......
   第十三条 用人单位与劳动者不得在劳动合同法四十四条规定的劳动合同终止情形之外约定其他的劳动合同终止条件。
......

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