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Labour Law of the People's Republic of China 中华人民共和国劳动法(英文)

日期:2018年01月15日 编辑: 作者:无忧论文网 点击次数:16464
论文价格:免费 论文编号:lw200702151757167797 论文字数:2000 所属栏目:劳动法
论文地区: 论文语种:中文 论文用途:法律文本 Law
e 11 The people's governments at all levels should adopt measures to develop all kinds of labour exchanges to provide employment services. Article 12 With regard to employment, the workers shall not be discriminated in aspects of nationality, race, sex and religious beliefs. Article 13 Women enjoy the equal rights of employment as men. In providing employment, it is not allowed to refuse employment of women on sex grounds or raise the employment standards for women, except when the jobs or work posts are not suitable for women as provided for by the State. Article 14 If there are special provisions in other laws or regulations concerning the employment of handicapped people, people of minority nationalities and soldiers quitting active service, those provisions shall apply. Article 15 It is forbidden for employers to employ persons under the age of sixteen. Whenever an unit in culture and arts, sports and special arts and crafts needs to employ young persons under the age of sixteen, examination and approval procedures-shall be undertaken according to relevant regulations of the State and the employees thereof should be ensured the right of receiving compulsory education. CHAPTER THREE LABOUR CONTRACT AND COLLECTIVE CONTRACT Article 16 A labour contract is an agreement that defines the labour relations between workers and employers as well as the rights and obligations of the two parties. In establishing labour relations, labour contracts shall be concluded. Article 17 The conclusion and revision of labour contracts shall observe the principle of equality, voluntariness and unanimity through consultation. It shall not violate the provisions of the laws or administrative decrees. A labour contract concluded according to law is legally binding and parties to the contract are obliged to perform their obligations provided for in the labour contract. Article 18 The following labour contracts are invalid: 1. Contracts that have violated the provisions of the law or administrative decrees; 2. Contracts that have been concluded by deception or coercion. Invalid labour contracts are not legally binding from the moment they are concluded. Whenever a part of a labour contract has been affirmed invalid, the remaining parts of it shall still be valid if the invalid part does not affect the effect of them. The invalidity of a labour contract shall be determined by the labour dispute arbitration committee or the people's court. Article 19 A labour contract shall be concluded in a written form and shall contain the following provisions: 1. Term of the labour contract; 2. Specific job requirements; 3. Labour protection and working conditions; 4. Remuneration; 5. Labour discipline; 6. Conditions for terminating the labour contract; 7. Responsibilities for violating the labour contract. Apart from these provisions that must be included in a labour contract as provided for in the preceding paragraph, the parties concerned may add other provisions upon agreement through consultation. Article 20 The term of a contract may be fixed or non-fixed or fixed in terms of a certain amount of work done. When extension of a labour contract under agreement of both parties after a worker has worked for an uninterrupted term of ten years or over for a same employer, a labour contract without a fixed term may be concluded if the worker so desires. Article 21 A labour contract may set up a term of trial execution but the maximum length shall not exceed six months. Article 22 Provisions may be laid down upon agreement of both parties in a labour contract in terms of keeping commercial secrets of the employer. Article 23 A labour contract shall be terminated whenever the term provided for in the contract expires or conditions for terminating the contract agreed upon have appeared. Article 24 A labour contract may be dissolved upon agreement of parties concerned t