Investment
BIZCHINA / Labour
Provisions on the Labor Administration of the Enterprises of Foreign
Investment
Updated: 2006-05-08 11:12
Article 20 The term of a labor contract shall be divided into fixed term,
flexible term or taking the completion of a specific amount of work as a
term.
In case a laborer has kept working in a same employing unit for ten years
or more and the parties involved agree to extend the term of the labor
contract, a labor contract with a flexible term shall be concluded
between them if the laborer so requested.
Article 21 A probation period may be agreed upon in a labor contract. The
longest probation period shall not exceed six months.
Article 22 The parties involved in a labor contract may reach an
agreement in their labor contract on matters concerning keeping the
commercial secrets of the employing unit.
Article 23 A labor contract shall terminate upon the expiration of its
term or the emergence of the conditions for the termination of the labor
contract as agreed upon by the parties involved.
Article 24 A labor contract may be revoked upon agreement reached between
the parties involved through consultation.
Article 25 The employing unit may revoke the labor contract with a
laborer in any of the following circumstances:
(1) to be proved not up to the requirements for recruitment during the
probation period;
(2) to seriously violate labor disciplines or the rules and regulations
of the employing unit;
(3) to cause great losses to the employing unit due to serious
dereliction of duty or engagement in malpractice for selfish ends; and
(4) to be investigated for criminal responsibilities in accordance with
the law.
Article 26 In any of the following circumstances, the employing unit may
revoke a labor contract but a written notification shall be given to the
laborer 30 days in advance:
(1) where a laborer is unable to take up his original work or any new
work arranged by the employing unit after the completion of his medical
treatment for illness or injury not suffered from at work;
(2) where a laborer is unqualified for his work and remains unqualified
even after receiving a training or an adjustment to an other work post;
and
(3) no agreement on modification of the labor contract can be reached
through consultation by the parties involved when the objective
conditions taken as the basis for the conclusion of the contract have
greatly changed so that the original labor contract can no longer be
carried out.
Article 27 During the period of statutory consolidation when the
employing unit comes to the brink of bankruptcy or runs deep into
difficulties in production and management, and if reduction of its
personnel becomes really necessary, the unit may make such reduction
after it has explained the situation to the trade union or all of its
staff and workers 30 days in advance, solicited opinions from them and
reported to the labor administrative department.
Where the employing unit is to recruit personnel six months after the
personnel reduction 3/11 effected according to the stipulations of this
Article, the reduced personnel shall have the priority to be re-employed.
Article 28 The employing unit shall make economic compensations in
accordance with the relevant provisions of the State if it revokes its
labor contracts according to the stipulations in Article 24,
Article 26 and Article 27 of this Law.
Article 29 The employing unit shall not revoke its labor contract with a
laborer in accordance with the stipulations in Article 26 and Article 27
of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work
due to occupational diseases or injuries suffered from at work;
(2) to be receiving medical treatment for diseases or injuries within the
prescribed period of time;
(3) to be a female staff member or worker during pregnant, puerperal, or
breast-feeding period; or
(4) other circumstances stipulated by laws, administrative rules and
regulations.
Article 30 The trade union of an employing unit shall have the right to
air its opinions if it regards as inappropriate the revocation of a labor
contract by the unit. If the employing unit violates laws, rules and
regulations or labor contracts, the trade union shall have the right to
request for reconsideration.
Where the laborer applies for arbitration or brings in a lawsuit, the
trade union shall render him support and assistance in accordance with
the law.
Article 31 A laborer who intends to revoke his labor contract shall give
a written notice to the employing unit 30 days in advance.
Article 32 A laborer may notify at any time the employing unit of his
decision to revoke the labor contract in any of the following
circumstances:
(1) within the probation period;
(2) where the employing unit forces the laborer to work by resorting to
violence, intimidation or illegal restriction of personal freedom; or
(3) failure on the part of the employing unit to pay labor remuneration
or to provide working conditions as agreed upon in the labor contract.
Article 33 The staff and workers of an enterprise as one party may
conclude a collective contract with the enterprise on matters relating to
labor remuneration, working hours, rest and vacations, occupational
safety and health, and insurance and welfare. The draft collective
contract shall be submitted to the congress of the staff and workers or
to all the staff and workers for discussion and adoption.
A collective contract shall be concluded by the trade union on behalf of
the staff and workers with the enterprise; in an enterprise where the
trade union has not yet been set up, such contract shall be also
concluded by the representatives elected by the staff and workers with
the enterprise.
Article 34 A collective contract shall be submitted to the labor
administrative department after its conclusion. The collective contract
shall go into effect automatically if no objections are raised by the
labor administrative department within 15 days from the date of the
receipt of a copy of the contract.
Article 35 Collective contracts concluded in accordance with the law
shall have binding force to both the enterprise and all of its staff and
workers. The standards on working conditions and labor payments agreed
upon in labor contracts concluded between individual laborers and the
enterprise shall not be lower than those as stipulated in collective
contracts.
Chapter IV Working Hours, Rest and Vacations
Page: 1 2 3 4 5 6
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