The Regulations of Hangzhou Municipality on Labor Contract is a labor-related regulation formulated according to the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations. Adopted at the second meeting of the Standing Committee of the Tenth People's Congress of Hangzhou on August 9, 2002, and approved at the 39th meeting of the Standing Committee of the Ninth People's Congress of Zhejiang Province on October 3, 20021day, and shall come into force on June 3, 20031day.

Chapter I General Principles

Article 1 In order to standardize the conclusion and performance of labor contracts and safeguard the legitimate rights and interests of the parties to labor contracts, these Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the establishment of labor relations between enterprises, individual economic organizations and private non-enterprise units (hereinafter referred to as employers) within the administrative area of Hangzhou.

The establishment of labor contract relationship between state organs, institutions, social organizations and workers shall be implemented with reference to these regulations.

Article 3 A labor contract is an agreement between an employer and an employee to establish labor relations and clarify the rights and obligations of both parties.

The establishment of labor relations must conclude a labor contract.

Article 4 The conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and regulations or harm the interests of the state, the public and others.

The employing unit that signs a collective contract or wage agreement shall conclude a labor contract with the laborer, and the standards of working conditions and remuneration shall not be lower than those stipulated in the collective contract or wage agreement.

Article 5 The administrative department of labor security of the Municipal People's Government shall be in charge of the management of labor contracts in the whole city, and be responsible for the organization, implementation, supervision and inspection of these Regulations.

The administrative department of labor security of the district and county (city) people's government is responsible for the management, supervision and inspection of labor contracts in this area.

Article 6 Trade unions at all levels shall help and guide laborers to conclude labor contracts with employers, and supervise both parties to conclude and perform labor contracts according to law.

Chapter II Conclusion, Performance and Alteration of Labor Contracts

Article 7 An employing unit that concludes a labor contract shall be established according to law and have the capacity to bear civil liability; A worker who has entered into a labor contract shall be at least 16 years old and have the ability to work.

The recruitment of minors under the age of 16 by literary, artistic, sports and special craft units must be carried out in accordance with relevant state regulations.

Article 8 A labor contract shall be concluded in writing.

Article 9 The employing unit shall conclude a labor contract with the laborer before the laborer performs his labor obligations.

In order to conclude a labor contract, workers can consult the local labor security administrative department or seek help from the employer's trade union. If the employer has a collective contract, it shall make the workers understand the relevant provisions of the collective contract.

Article 10 When concluding a labor contract, the employing unit shall truthfully explain the situation of the unit and the employment requirements of the post to the workers, inform the workers of their rights and obligations after concluding the labor contract and the establishment of the labor contract, and have the right to know the situation of the workers and consult relevant documents.

The employing unit shall truthfully inform the workers of the occupational hazards and their consequences, occupational disease prevention measures and treatment that may occur in the course of work, and specify them in the labor contract, and shall not conceal or deceive them.

Article 11 The employing unit shall sign a labor contract with the employee within 15 days after determining the labor relationship, and go through the employment filing and social insurance registration procedures with the local labor security administrative department within 15 days after signing the labor contract.

Article 12 When the employing unit recruits laborers, if the laborers are unwilling to sign labor contracts, the employing unit shall not employ them.

The employing unit shall not employ workers who have not terminated their labor contracts with other units.

Thirteenth labor contract model text provided by the labor and social security department, can also be drawn up by the employer or jointly drawn up by the employer and the employee.

A labor contract shall be written in both Chinese and foreign languages. Unless otherwise agreed by both parties, the agreement of both parties shall prevail. At the same time, the contents of the labor contract written in Chinese and foreign languages must be consistent.

A labor contract shall be jointly signed by the legal representative (person in charge) of the employer or his written agent and the employee himself, stamped with the seal of the employer, and marked with the date of signing. After the signing of the labor contract, each party holds one copy.

Article 14 A labor contract shall have the following clauses:

(a) the term of the labor contract;

(2) Work content and requirements;

(3) Labor protection and working conditions (including special protection for female workers and underage workers);

(four) working hours and rest and vacation;

(five) labor remuneration and the way and time of payment;

(six) the responsibility and obligation to participate in social insurance according to law;

(7) Labor discipline;

(eight) the conditions for the termination and dissolution of the labor contract;

(9) Liability for breach of labor contract.

Article 15 The parties to a labor contract may agree on the following contents of the labor contract through consultation:

(1) The probation period of the laborer;

(2) The obligation of the laborer to keep the business secrets of the employing unit;

(three) the welfare benefits enjoyed by employees and the supplementary insurance of the unit;

(4) Other contents agreed by both parties through consultation.

Article 16 The employing unit shall not take the statutory conditions for dissolving the labor contract as the agreed conditions for dissolving the labor contract.

Article 17 When concluding a labor contract with an employee, the employer shall not collect mortgage, deposit, deposit, etc. Or detain employees' ID cards and other legal documents.

Article 18 The term of a labor contract can be divided into three types: fixed term, non-fixed term and completion of certain work. The term of the labor contract shall be determined by the employer and the employee through consultation.

When concluding a fixed-term labor contract, the time for termination of performance shall be agreed upon; Where an open-ended labor contract is concluded, the conditions for the termination of the labor contract shall be stipulated; A labor contract shall be concluded with the completion of certain work as the deadline, and the labor contract shall be terminated with the actual completion of the work tasks agreed by both parties.

Article 19 If a probation period is stipulated in a labor contract, the probation period shall be included in the term of the labor contract. If the term of the labor contract is less than six months, the probation period shall not exceed fifteen days; If the term of the labor contract is more than six months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than two years, the probation period shall not exceed three months; If the term of a labor contract is more than two years, a probation period of more than three months may be agreed, but the longest period shall not exceed six months.

The probation period will no longer be implemented for workers who have worked in this unit for more than six months and their posts have not changed.

If the labor contract only stipulates the probation period but not the term of the labor contract, the probation period shall be regarded as the term of the labor contract.

If the state and province have other provisions on the probation period of workers, those provisions shall prevail.

Article 20 A labor contract may stipulate the time for the commencement of performance. If there is no agreed time to start performance, the date of signing the labor contract shall be the time to start performance of the labor contract. If the signing dates of both parties are inconsistent, the signing time of the latter party shall prevail.

The deadline of the labor contract is 24: 00 on the last day of the labor contract. If the employee must work after 24: 00, the deadline should be the time when the employee completes the work task.

Article 21 A labor contract concluded according to law is legally binding. The parties must fulfill their obligations under the labor contract, and neither party may change the labor contract without authorization. If the employee changes his name, the name of the employer and the name of the legal representative (person in charge) will not affect the validity of the labor contract.

If the parties to a labor contract apply for labor contract verification, the administrative department of labor security shall handle the labor contract verification for them.

Article 22 During the performance of a labor contract, the parties may modify the labor contract through consultation.