Labor contracts and collective contracts-Yunnan Academy of building research

Labor contracts and collective contracts

Published on.

2013-12-19

Article 16 A labor contract workers and employers to establish labor relations , a clear agreement between the parties rights and obligations.

　　Chapter III of labor contracts and collective contracts

　　Article 16 A labor contract workers and employers to establish labor relations , a clear agreement between the parties rights and obligations.

　　Labor relations should be established labor contracts .

　　Article XVII and change labor contracts entered into , shall follow the equality, the principle of consensus , not violate the provisions of laws and administrative regulations.

　　Order Now labor contract law is legally binding , the parties must fulfill the obligations stipulated in the labor contract.

　　Article 18 The following labor contracts invalid:

　　( A ) in violation of laws and administrative regulations of the labor contract ;

　　(B ) take labor contract fraud, threats and other means made .

　　Invalid labor contracts , starting from the time they are concluded , there is no legally binding. Partially invalid labor contract is confirmed , and if does not affect the validity of the remainder , and the rest are still valid.

　　Labor contract is invalid, confirmed by a labor dispute arbitration committee or a people 's court.

　　Article 19 A labor contract shall be concluded in writing and contain the following provisions:

　　( A ) labor contract;

　　( B) the work content ;

　　(C ) labor protection and labor conditions ;

　　( Iv) labor remuneration ;

　　(E ) labor discipline ;

　　(F ) conditions for the termination of labor contracts ;

　　(Vii ) breach of duty of the labor contract .

　　In addition to the essential terms of the labor contract in the preceding paragraph , the parties may negotiate agree more.

　　Article 20 The term of the labor contract is divided into a fixed term , without a fixed term and to complete a certain amount of work .

　　Laborers working in the same employer continuously for ten years or more , the parties agreed to renew the labor contract , if the employee proposes to enter into non-fixed term labor contract shall be concluded without a fixed term labor contract.

　　Article 21 of the labor contract may stipulate a probation period . Probation period shall not exceed six months.

　　Article 22 The parties may agree to a labor contract matters conservative employer 's trade secrets in the labor contract .

　　Article 23 of the labor contract expires or the parties agreed to terminate the labor contract conditions occur , the labor contract shall be terminated .

　　Article 24 The parties to the contract by consensus by the labor , the labor contract can be lifted .

　　Twenty- five workers of the following circumstances , the employer may terminate an employment contract :

　　( A ) has been proven during the trial does not meet the conditions for employment ;

　　(B ) a serious violation of labor discipline or regulations of the employer ;

　　(C ) serious dereliction of duty , malpractice , the interests of the employer to cause significant harm ;

　　(D ) be investigated for criminal responsibility according to law .

　　Article 26 of the following circumstances , the employer can terminate the labor contract , but the workers should be notified 30 days in advance in written form :

　　( A ) illness or non -work related injury , after completion of medical , not his original work can not be engaged by the employer prior arrangements have been made ;

　　( B) the employee is incompetent after training or adjustment work , they can not do the job ;

　　At the inception of the objective situation (c ) labor contract is based major changes , so that the original labor contract can not be fulfilled by the parties can not negotiate an agreement on amending the employment contract .

　　Article 27 The employing unit during bankruptcy reorganization or statutory serious difficulties in production and management , and where staff reductions , it should be thirty days in advance to explain the situation to the trade union or all employees to listen to the views of the trade union or the employees , by the labor administration after the department reports , such cuts .

　　Employers cut staff in accordance with this Article, hiring personnel within six months , should give preference to retrenched staff.

　　Article 28 The employing unit pursuant to Article 24 , Article 26 , Article 27 of this Law terminate the labor contract, should be given financial compensation in accordance with relevant state regulations.

　　Article 29 The workers of the following circumstances , the employer may not terminate the labor contract based on Article 26 of this Act , the provisions of Article 27 :

　　( A ) work related injury or occupational disease has been confirmed or partially lost the ability to work ;

　　(B ) illness or injuries within the prescribed period of medical treatment ;

　　(C ) female workers during pregnancy , childbirth , breast-feeding period ;

　　( 4) Other circumstances laws and administrative regulations.

　　Article 30 The employer terminate the labor contract , the union considered inappropriate , the right to express their views. If the employer violates laws, regulations or labor contracts , unions have the right to require re- treatment ; workers apply for arbitration or litigation , the union should be given support and assistance to law.

　　Article 31 discharge the labor contract , the employer should be notified 30 days in advance in written form .

　　Article 32 of the following circumstances , the employee may at any time notify the employer to terminate the labor contract :

　　( A ) during the probationary period ;

　　(B ) the employer to violence, intimidation or illegal restriction of personal freedom of forced labor ;

　　(C ) the employer fails to pay remuneration in accordance with the labor contract or to provide working conditions.

　　Article 33 enterprise workers and businesses can party on labor remuneration, working hours , rest, leave , work safety and hygiene , insurance, benefits and other matters , signed a collective contract . The draft collective contract shall be submitted to the employee representative congress or all the employees discussed and adopted .

　　Collective contract signed by the union on behalf of workers and enterprises ; did not establish enterprise unions , representatives elected by the workers and the companies signed .

　　Article 34 A collective contract shall be submitted to the labor administrative department ; within fifteen days of no objection is raised , the collective contracts collective contract shall become effective labor administrative department received.

　　Article 35 of the collective contract signed by the law enterprise and all employees are binding. Workers labor contract entered into by individuals and businesses in working conditions and labor standards such compensation shall not be less than the specified collective contracts .