I am also very busy, not to mention that you do not even give a little reward points! I'm actually laboring too, aren't I? Of course I am! Just kidding! I took the judicial exam for two years and missed by 3 points, now I give up, I wonder if I can help you?
The Chinese People's **** and the State Labor Contract Law (Draft)
Chapter I General Provisions
Article 1 In order to adjust labor relations, regulate labor contracts, safeguard the legitimate rights and interests of the parties, and promote the coordinated development of the economy and society, the enactment of this Law.
Article 2 The labor relationship referred to in this Law refers to the relationship of rights and obligations between an employer who recruits a worker as a member of the employer, and the worker who provides paid labor under the management, direction or supervision of the employer; the labor contract referred to refers to the agreement that establishes the labor relationship between the worker and the employer and specifies the relationship of rights and obligations between the two parties.
Article 3: In concluding and fulfilling a labor contract, the parties shall abide by the laws and regulations, follow the principle of honesty and good faith, and safeguard the worker's human dignity, physical and mental health, as well as his lawful rights and interests such as obtaining remuneration for his work and participating in the democratic management of the employing unit.
The parties shall enter into an employment contract on the basis of the principles of equality, voluntariness and consensus, and the rights and obligations of the two parties shall be determined in a fair manner.
The standards of labor conditions and remuneration agreed upon in a labor contract shall not be lower than those stipulated in a collective contract.
Article 4 A labor contract that conforms to the provisions of this Law is legally binding, and the parties must fulfill their obligations under the labor contract.
Article 5 The administrative department of labor security under the State Council is responsible for the supervision and management of the implementation of the labor contract system throughout the country.
The labor security administrative departments of the local people's governments at or above the county level are responsible for the supervision and management of the implementation of the labor contract system in their own administrative areas.
When studying and formulating policies and measures relating to labor contracts, the labor security administrative departments of the people's governments at or above the county level shall listen to the opinions and suggestions of trade union organizations and enterprise organizations at the same level.
Article 6 The trade unions shall provide guidance and assistance to the workers in concluding labor contracts, and safeguard the lawful rights and interests of the workers in the process of concluding and fulfilling labor contracts in accordance with the law.
Article 7 Employers shall establish and improve rules and regulations on working hours, labor remuneration, rest and vacation, vocational training, safety and health, and labor discipline in accordance with the law. The rules and regulations of an employing unit shall not violate the provisions of laws and regulations; where there is a collective contract, the rules and regulations shall not violate the relevant provisions of the collective contract.
The employer's rules and regulations shall be formulated by the employer's labor union or employee representatives, and shall be publicized to the employees. Where laws and regulations provide otherwise on the procedure for the formulation of rules and regulations by an employer, such provisions shall apply.
The rules and regulations formulated by an employer shall be filed with the administrative department of labor security in the place where the employer is located.
Laborers shall abide by the rules and regulations formulated by the employer in accordance with the law. If the labor contract signed between the employer and the worker is inconsistent with its rules and regulations, it shall be implemented in accordance with the provisions favorable to the worker.
Article 8 An employer shall establish a labor contract management system. The employer shall formulate measures for the management of labor contracts and do a good job of concluding, changing, canceling, renewing and terminating labor contracts in accordance with the law. Employers and workers for the first time the labor contract shall be submitted to the employer's local labor security administrative department for registration.
Chapter II Conclusion of Labor Contracts
Article 9 A worker who enters into a labor contract shall have reached the legal age for employment and shall not be entitled to basic pension insurance. The employer who recruits a worker shall be established in accordance with the law.
Where laws and regulations contain special provisions on the conclusion of labor contracts between an employer and a worker, such provisions shall apply.
Article 10 The following employing units shall enter into labor contracts in accordance with the provisions of this Law when they recruit workers:
(1) Enterprises, individual industrial and commercial establishments and the workers recruited by them;
(2) State organs, public institutions, social organizations and the personnel recruited by them who are not civil servants and those who are managed with reference to or in accordance with the civil service system;
(3) The military, the units belonging to the armed forces and the armed police, and their staff members who are not civil servants or those managed in accordance with the civil service system;
(3) Units belonging to the armed forces and armed police and personnel recruited by them who are not on active duty;
(4) Other units and personnel recruited by them to which this Law applies as stipulated by laws and regulations.
The provisions of this Law shall not apply to the legal representatives (principals) of the employing units stipulated in the preceding paragraph, civil servants, and personnel who are managed with reference to or in accordance with the civil service system.
Article 11 An employer and a worker who meet the requirements of Articles 9 and 10 of this Law, and who have not entered into a labor contract in accordance with the form prescribed in the first paragraph of Article 15 of this Law, but who have the following circumstances, shall be regarded as if they were in a labor relationship, and shall be parties to a labor contract as prescribed by this Law:
(1) The worker is actually subject to the employer's management, direction, or supervision;
(ii) the labor provided by the worker is an integral part of the employer's business and the latter pays the worker for the labor;
(iii) the employer provides the worker with basic labor conditions.
Article 12 In concluding an employment contract, the employer shall truthfully inform the worker of the requirements of the employer, the position and content of the work, the remuneration for the work, the conditions of the work, the rules and regulations, and other facts directly related to the conclusion and fulfillment of the employment contract.
The employer shall have the right to know the worker's resident status, knowledge and skills, work experience and other facts directly related to the conclusion and fulfillment of the employment contract, and the worker shall truthfully inform them.
Article 13 In concluding an employment contract, an employer shall not require a worker to provide a guarantee, nor shall it collect property from a worker under the guise of a guarantee, nor shall it withhold a worker's identity card or other documents.
Article 14 The parties may conclude labor contracts for an indefinite period, for a fixed period, or for a period limited to the completion of a certain amount of work.
An open-term labor contract referred to in the preceding paragraph means a labor contract in which the parties have not agreed on a termination date. The termination conditions may be agreed upon in an open-term labor contract, but the legal termination conditions may not be agreed upon as the termination conditions.
The term of a fixed-term labor contract shall not exceed three years.
Article 15 A labor contract shall be concluded in writing before the worker provides the employer with a laborer.
The text of the labor contract may be provided by the employer, or it may be drawn up by the employer and the worker **** together. The text of the contract provided by the employer shall not jeopardize the lawful rights and interests of the worker, and in the event of a dispute between the two parties as to the understanding of the terms of the contract, it shall be interpreted in favor of the worker.
Article 16 A labor contract is established when its contents are agreed upon by the parties concerned and signed or sealed by the legal representative (principal person in charge) of the employing unit, or by its personnel department, or by another agent authorized by its written mandate, and by the worker respectively.
In conformity with the provisions of Article 11 of this Law, an employment contract is established when the worker provides labor for the employer.
A labor contract established in accordance with the law shall take effect from the time of its formation. If both parties agree on the period or conditions for the labor contract to take effect, they shall follow their agreement.
Article 17: A written labor contract shall be in duplicate, with each party holding one copy. The labor contract is held by one party, the two parties to the labor contract content of the understanding of the dispute shall be interpreted in favor of the other party.
Article 18 The contents of the labor contract shall be agreed upon by the parties concerned, but the written labor contract shall contain the name and residence of the employer; the name and resident's identity card number of the worker, and other basic information, and shall have the following clauses:
(1) the duration of the labor contract;
(2) the contents of the work;
(3) labor protection and labor conditions;
(d) Remuneration for labor.
Article 19 With the consensus of the parties, the following may also be agreed upon in the labor contract:
(1) probationary period;
(2) training;
(3) restriction of non-competition;
(4) welfare benefits and supplemental insurance;
(5) liability for violation of the labor contract;
(6) Other matters agreed upon by negotiation.
Article 20 The probationary period of a fixed-term labor contract and a labor contract that is limited to the completion of a certain amount of work shall not exceed thirty days; the probationary period of an open-term labor contract shall not exceed ninety days. The employer and the same worker may agree on the trial period only once. The trial period is included in the term of the labor contract.
Article 21 Without the consent of the employer, a worker may not disclose or divulge his commercial secrets; without the consent of the worker, the employer may not disclose or divulge his personal data. Where there are special provisions in laws and administrative regulations, such provisions shall apply.
Article 22 An employer and a worker who knows the trade secrets of the employer or who has significant influence on the operation of the employer may agree on a non-competition clause in the employment contract or enter into a separate non-competition agreement, agreeing that, within a certain period of time after the termination or dissolution of the employment contract, the worker shall not be employed by another employer that produces the same kind of products or operates the same kind of business in a competitive manner with the employer, nor shall he/she be employed by another employer that is in competition with the employer. The employer shall not produce the same kind of products or operate the same kind of business in competition with the original employer, but the employer shall pay the laborer a certain amount of economic compensation at the same time.
The scope of the non-competition restriction shall be limited to the geographical area where actual competition with the employer can be formed. The period of non-competition shall not exceed two years. Except as otherwise provided by laws and administrative regulations.
The amount of economic compensation for non-competition shall not be less than one-twelfth of the worker's annual wage income at the employer. The amount of liquidated damages agreed upon in the non-competition clause or non-competition agreement shall not exceed two times the amount of economic compensation paid by the employer to the worker.
Article 23 A non-competition clause or a non-competition agreement shall be invalidated under any of the following circumstances:
(1) where the employer's trade secrets have been made public or have no significant impact on its interests;
(2) where the employer terminates the employment contract in violation of the provisions of this Law, or where the worker terminates the employment contract in violation of the provisions of the second paragraph of Article 45 of this Law;
(3) the employer fails to pay the economic compensation for non-competition to the laborer in accordance with the agreement.
Article 24: Upon the expiration of a fixed-term labor contract, the labor contract may be renewed by consensus of the parties concerned. The renewal of an employment contract shall not provide for a probationary period. The employer shall renew the employment contract with the worker before its expiration date.
If the contract is not renewed in accordance with the provisions of the preceding paragraph, but the worker still works for the employer, the labor contract shall be deemed to be renewed. If the duration of the renewed labor contract is not clear, the two parties may consult to determine it; if they do not agree, the term shall be open-ended.
Article 25 A labor contract shall be invalid under any of the following circumstances:
(1) if the labor conditions and labor remuneration agreed in the labor contract are lower than the standards stipulated by the State and the collective contract;
(2) if it is detrimental to the interests of the State or the social public ****.
The invalidity of a labor contract shall be confirmed by the Arbitration Committee for Labor Disputes or the People's Court.
Article 26 A party shall have the right to request an arbitration agency for labor disputes or a people's court to change or revoke the following labor contracts:
(1) if they are concluded due to a material misinterpretation;
(2) if they are manifestly unfair at the time of conclusion of the contract.
Where one party uses fraudulent or coercive means or takes advantage of a person's danger to make the other party enter into a labor contract contrary to its true meaning, the injured party shall have the right to request the arbitration agency for labor disputes or the people's court to change or revoke it.
The labor dispute arbitration institution or the people's court shall not revoke the change requested by the party.
Article 27 The right to revoke a labor contract shall be extinguished under any of the following circumstances:
(1) the party having the right to revoke has not exercised the right to revoke within one year from the date when the party knew or should have known of the cause of revocation;
(2) the party having the right to revoke has explicitly indicated that it has waived the right to revoke after learning of the cause of revocation or has waived the right to revoke by his own act.
Article 28 An invalid labor contract or a revoked labor contract is not legally binding from the beginning. If a part of a labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.
Article 29 If a dispute arises over the invalidity of a labor contract, the content of the contract is unclear, or a written labor contract has not been concluded in accordance with the law, the parties concerned may renegotiate the contract. If the negotiation fails, the provisions of the State shall apply; if the State has not made such provisions, the provisions of the collective contract shall apply; if both the State and the collective contract have made such provisions, the provisions thereof in favor of the workers shall apply. If the employer does not have other workers in the same work category or in the same position, it shall be determined by reference to the average wage of enterprise workers in the preceding year in the municipality where the employer is located in the district.
Chapter III: Performance and Changes of Labor Contracts
Article 30: The parties shall fully perform their obligations in accordance with the labor contract. The party of the laborer shall be the one who actually performs the obligations agreed upon in the labor contract.
Article 31 The labor conditions provided by an employer must comply with the provisions of laws and administrative regulations.
The management and direction of the employer shall not be unlawful, immoral or detrimental to the physical or mental health of the workers.
Article 32 Workers shall properly use the work equipment and materials provided by the employer, pay attention to their protection, and obey the management and direction of the employer.
Article 33 Changes in the name of the employer, its legal representative (principal person in charge) or investors shall not affect the fulfillment of the labor contract. Where the State provides otherwise, it shall follow its provisions.
Article 34 In the event of a merger of an employing unit, the labor contract shall be continued by the employing unit that succeeds to its rights and obligations after the merger; in the event of the separation of an employing unit, the labor contract shall be continued by the employing unit that succeeds to its rights and obligations after the separation.
Article 35 If a worker is unable to fulfill his obligations under an employment contract due to enlistment in the armed forces or the fulfillment of other obligations stipulated by the State, the employer may suspend or partially suspend the fulfillment of the employment contract.
If a worker is restricted or deprived of his personal freedom in accordance with the law and is unable to fulfill his obligations under the employment contract, the employer may suspend or partially suspend the fulfillment of the employment contract.
If one party is unable to fulfill the labor contract due to force majeure, the other party may suspend the fulfillment of the labor contract in accordance with the effect of force majeure. Force majeure as referred to in this Law means an objective situation which cannot be foreseen, avoided and overcome.
Where the circumstances of suspension of performance disappear and the labor contract can be resumed, the party shall resume the performance of the labor contract.
Article 36 The parties may suspend or partially suspend the performance of the labor contract by consensus.
Suspension or partial suspension of the labor contract by consensus shall specify in writing the content and duration of the suspension. The maximum period of suspension or partial suspension of the labor contract shall not exceed five years.
Article 37 Where the performance of an employment contract is suspended in accordance with Articles 35 and 36 of this Law, both parties shall suspend the performance of their obligations under the employment contract. During the period of suspension, the employer may not pay the corresponding social insurance fees. The period of suspension of performance shall not be counted as the continuous working time of the laborer at the employer, unless otherwise provided by laws or regulations.
Article 38 Where the performance of an open-ended labor contract is suspended in accordance with the provisions of Article 36 of this Law, the worker may enter into a new labor contract with another employer during the period of suspension of the open-ended labor contract.
Article 39 The parties to a labor contract may change the contents of the labor contract by consensus.
A change in the written form of the labor contract shall be documented in a written agreement, indicating the date of the change. The change agreement shall be established after it is signed or sealed by the parties.
If the content of the labor contract is partially changed, the unchanged part shall continue to be performed.
Chapter 4: Termination of Labor Contract
Article 40 The parties to a labor contract may terminate the labor contract by consensus.
Article 41 An employer may terminate an employment contract if a worker is under any of the following circumstances:
(1) proved during the probationary period to be incompatible with the conditions of employment;
(2) in serious violation of labor discipline or the rules and regulations of the employer, and the employment contract should be terminated in accordance with the provisions of the rules and regulations of the employer;
(3) in serious dereliction of duty (c) Serious dereliction of duty; (d) Self-interest and malpractice, causing significant damage to the interests of the employer;
(d) Being investigated for criminal responsibility in accordance with the law.
Article 42 An employer may terminate an open-term labor contract under any of the following circumstances, but shall give the worker thirty days' notice in writing:
(1) If a worker is ill or has sustained an injury not caused by work, and after the expiration of the medical treatment period, he is unable to engage in the original work or in a job that has been arranged for him by the employer;
(2) If the worker is unable to perform the work, and after training or other efforts, the employer may terminate the contract. (b) the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work;
(c) there is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and no agreement can be reached on the change of the content of the labor contract or suspension of its performance through the negotiation of the parties concerned.
When an employer terminates an employment contract in accordance with the preceding paragraph, the employer shall listen to the opinions of the representative assembly of employees of the employer, the labor union or the general meeting of employees in advance.
The employer may not terminate an employment contract with a fixed term or a term based on the completion of certain work tasks in accordance with the provisions of this Article.
Article 43 If an employer is on the verge of bankruptcy during the period of legal rectification or if serious difficulties occur in production and operation, and after taking measures such as restricting the recruitment of new personnel, reducing working hours, training, lowering wages and adjusting positions, it is really necessary to lay off a certain number or proportion of personnel at one time, the following requirements shall be observed:
(1) Explaining the situation to the trade union or all employees thirty days in advance, and obtaining the opinion of the trade union or the employees' representatives. (a) explain the situation to the trade union or all employees thirty days in advance, by collective consensus with the trade union or employee representatives, and report to the administrative department of labor security, can be reduced;
(b) the employer and the trade union or the employee representatives can not reach an agreement through the collective negotiation, should be submitted to the local administrative department of labor security to organize the trade union at the same level or the representatives of the enterprise side of the coordination.
If an employer reduces its workforce in accordance with the provisions of this Article and recruits personnel within six months, it shall give priority to recruiting the workers who have been laid off.
The quantities and ratios in the first paragraph of this Article shall be prescribed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
Article 44 An employer shall not terminate an employment contract in accordance with the provisions of Articles 42 and 43 of this Law if a worker is under any of the following circumstances:
(1) suffering from an occupational disease or injured at work and recognized as having lost or partially lost his or her ability to work;
(2) suffering from a disease or injury and in the prescribed period of medical treatment;
(3) Female workers during pregnancy, childbirth or breastfeeding;
(iv) Workers acting as representatives of collective bargaining during the period of performing their representative duties;
(v) Other cases stipulated by laws and administrative regulations.
Article 45 A worker may terminate an employment contract at any time by giving notice to the employer under any of the following circumstances:
(1) during the probationary period;
(2) if the employer fails to pay the remuneration for the labor or to provide the labor conditions as agreed in the employment contract;
(3) if the employer fails to pay the social insurance premiums for the worker in accordance with the law;
(4) if the employer fails to pay the social insurance premiums for the worker;
(5) other circumstances stipulated by laws and administrative regulations.
(d) the employer formulates rules and regulations that violate laws and regulations and jeopardize the rights and interests of workers;
(e) other cases stipulated by laws and administrative regulations.
When an employer forces a worker to work by violence, threat or illegal restriction of personal freedom, the worker may immediately terminate the employment contract.
Article 46 In addition to the cases stipulated in Articles 40 and 45 of this Law, a fixed-term labor contract may be terminated by the worker by giving the employer thirty days' notice in writing in advance, and an open-term labor contract may be terminated by the worker by giving the employer one hundred and eighty days' notice in writing in advance.
If the labor contract is terminated in accordance with the preceding paragraph, and the parties have agreed on the liability for breach of contract, the termination shall be handled in accordance with the agreement.
Article 47 A labor contract shall be terminated under any of the following circumstances:
(1) the expiration of the term of the labor contract or the occurrence of the conditions for the termination of the labor contract as agreed upon by the parties;
(2) the enjoyment by the worker of the basic old-age pension insurance benefits in accordance with the law;
(3) the settlement of the worker out of the country;
(4) the death of the worker, his death or disappearance as declared by the People's Court;
(5) the death or disappearance of the worker as announced in a written notice. The people's court declares the death of a worker or declares him missing;
(e) The employer dissolves itself;
(f) The employer is declared bankrupt, has its business license revoked, or is ordered to close down;
(g) Other cases in which the labor contract shall be terminated as stipulated by laws and administrative regulations.
Article 48 Where the conditions for termination of an employment contract as stipulated in Article 47(1) of this Law arise, but one of the following circumstances exists, and the worker proposes to defer the termination of the employment contract, the employment contract shall be renewed and terminated at the end of the following circumstances:
(1) when the worker is in the medical treatment period;
(2) when a female worker is in the pregnancy period, the period of maternity leave, or the period of breastfeeding;
(3) when a female worker is in the medical treatment period; and
(iii) when the chairman, vice-chairman or members of a labor union are in office;
(iv) when an employee is performing the duties of a representative of the collective bargaining;
(v) in other cases where the termination of the labor contract is deferred as stipulated by laws and administrative regulations.
The duration of the medical treatment period and the maternity leave and breastfeeding period in the preceding paragraph shall be carried out in accordance with the relevant provisions of the State. (a) one month's salary for each year of an open-term labor contract;
(b) two months' salary for each year of a fixed-term labor contract and a labor contract that is limited to the completion of a certain amount of work.
When a fixed-term labor contract expires and the employer terminates the labor contract with the worker, the employer shall pay the worker economic compensation at the rate of two months' wages for each full year of service, based on the worker's actual years of continuous employment with the employer.
Article 50 The actual years of continuous service provided for in Article 49 of this Law shall be calculated on the basis of one year for each twelve months of continuous service that a laborer has completed in the employing unit; if less than one year, it shall be calculated on the basis of the actual number of months in proportion to one year; and if less than one month, it shall be calculated on the basis of one month.
The monthly wages stipulated in Article 49 of this Law refer to the average monthly wages of the workers for the twelve months prior to the dissolution or termination of the labor contract under normal production and operation of the employer.
The monthly wage used as a criterion for calculating economic compensation shall not be lower than the local minimum wage standard, nor higher than two times the average monthly wage of the enterprise workers in the preceding year in the municipality where the employer is located.
Article 51 In the event of the termination or suspension of a labor contract, the employer shall issue a written certificate to the worker. Matters not requested by the laborer shall not be included in the written proof. The employer shall report the list of workers whose labor contracts are dissolved or terminated to the administrative department of labor security for record within seven days from the date of dissolution or termination of the labor relationship.
Laborers shall handle the handover of work in accordance with the agreement of both parties or the principle of good faith. Reasonable expenses incurred by the laborer in handling the handover of work and other matters shall be borne by the employer.
Chapter V Special Provisions
Section I Part-time Labor Contracts
Article 52 Part-time labor contracts refer to those in which the average daily working hours of a worker at the same employer do not exceed five hours, and the cumulative weekly working hours of a worker do not exceed thirty hours.
Article 53 A worker may conclude a part-time labor contract with one or more employers. However, the total working hours of a laborer at more than one employer shall not exceed the legal working hours.
When an employer concludes a part-time labor contract with a worker, the worker shall be paid daily or weekly. Part-time labor contracts with weekly remuneration shall be concluded in writing; part-time labor contracts with daily remuneration may be concluded orally, but if the worker proposes to conclude a written labor contract, it shall be concluded in writing.
Article 54 The contents of a part-time labor contract shall be determined by mutual agreement. The remuneration agreed upon in the labor contract shall not be less than the minimum wage standard set by the local government.
Article 55 If a part-time labor contract does not agree on its duration or termination conditions, one party may terminate the labor contract by giving advance notice to the other party.
The employer may not pay economic compensation for the cancellation and termination of a part-time labor contract.
Article 56 The provisions of Articles 14, 15(1), 20, 35, 36, 37 and Chapter 4 of this Law shall not apply to part-time labor contracts, except for Article 47 of Chapter 4.
Section II Labor Dispatch
Article 57 The labor dispatch referred to in this Law refers to the dispatching of laborers to work in the receiving unit on the basis of a labor dispatch agreement with the receiving unit after the labor dispatching agency established in accordance with the law and the laborer have concluded a labor contract.
Article 58 The establishment of a labor dispatch agency shall be permitted by the administrative department of labor security. Where administrative permission is granted, it shall hold the decision on administrative permission made by the administrative department of labor security and go through the registration or record-keeping procedures in accordance with the relevant provisions of the State.
Labor dispatch agencies shall not engage in business activities other than labor dispatch.
Article 59 The establishment of a labor dispatching agency must have the following conditions:
(1) conforming to the conditions for the establishment of a legal person as stipulated in the laws and regulations;
(2) having a registered capital of not less than 500,000 yuan;
(3) having a reserve of not less than 200,000 yuan.
The reserve fund shall be deposited in a bank account designated by the administrative department of labor security and shall not be used without the consent of the administrative department of labor security.
Article 60 The following industries and positions may carry out labor dispatch:
(1) construction, catering, service, planting, and transportation;
(2) auxiliary positions such as cleaning and security, and part-time employment;
(3) other industries and positions stipulated by laws and regulations.
Article 61 A labor dispatch agency that dispatches a worker shall conclude a labor contract with the worker in accordance with the provisions of this Law. Where a labor dispatching agency concludes a part-time labor contract with a worker, the provisions of Section 1 of this Chapter shall apply.
Labor dispatch agencies shall pay labor remuneration and other treatment to dispatched workers in accordance with laws, administrative regulations and labor contracts, and pay social insurance premiums.
Article 62 A labor dispatching agency and a unit accepting the dispatch shall enter into a labor dispatching agreement containing the following provisions:
(1) the name of the dispatched worker;
(2) the post to which the dispatched worker is to be assigned;
(3) the place of work;
(4) the period of dispatch;
(5) other relevant provisions on the use of the dispatched worker by the unit accepting the dispatch;
(7) the terms and conditions of the labor contract. (v) other requirements for the use of dispatched workers by the accepting unit;
(vi) the obligations of the labor dispatching agency and the accepting unit, respectively, to the dispatched workers.
The receiving dispatching unit shall use the dispatched workers in accordance with the labor dispatching agreement.
Article 63 If a dispatched worker does not possess the conditions agreed upon in the labor dispatch agreement, the accepting dispatching unit may return the worker to the dispatching agency and request the dispatching agency to bear the responsibility for breach of contract.
Article 64 The labor safety facilities and labor sanitation conditions of the receiving dispatching unit must comply with national regulations. The accepting dispatching organization may not re-dispatch the dispatched workers to other organizations.
The unit accepting the dispatch shall ensure that the dispatched workers enjoy the same working conditions as those of its own workers engaged in similar work.
The workers shall fulfill their obligations in accordance with the labor contract signed with the dispatching unit.
Article 65 A labor dispatching agency shall pay economic compensation to a worker in accordance with the provisions of this Law if it terminates or suspends the labor contract with the worker, except where the labor dispatching agency enters into a part-time labor contract with the worker.
Chapter VI Dispute Handling of Labor Contracts
Article 66 Labor disputes arising from the conclusion, performance, alteration, cancellation or termination of labor contracts by parties to the labor contracts in conformity with the provisions of Article 10 of this Law shall be included in the scope of labor dispute handling.
Article 67 Disputes between parties to a labor contract may apply to the Labor Dispute Adjustment Organization (LDAO) for adjustment, and if an agreement is reached under the auspices of the LDAO, which is of the nature of a labor contract, the parties to the labor contract shall perform it; if the adjustment fails to reach an agreement, the parties to the labor contract may, in accordance with the law, apply to the Labor Dispute Arbitration Commission (LDAC) for arbitration.
Article 68 Where the provisions of Article 11 of this Law are met, but a dispute arises between the employer and the worker over the confirmation of the labor relationship, the arbitration shall be conducted by the Arbitration Committee for Labor Disputes at the place where the employer is located. The arbitration award made by the labor dispute arbitration committee shall be final.
Article 69 The Arbitration Committee for Labor Disputes shall set up a special case-handling body with full-time arbitrators specifically responsible for the arbitration of labor disputes. The specific measures shall be separately prescribed by the State Council.
Legal Liability
Article 70 Where a labor contract should be concluded in accordance with this Law, but the employer concludes a labor contract or a contract of contract of contracting with the worker, and this causes damage to the worker, the employer shall bear the liability for compensation.
Article 71 If an employer violates the provisions of Article 13 of this Law by collecting finances from a worker or seizing an identity card or other documents from a worker, the administrative department of labor security shall order the employer to return them to the worker within a certain period of time and may impose a fine of not less than 2,000 yuan and not more than 5,000 yuan.
Article 72 Where an employer infringes upon the lawful rights and interests of a worker in any of the following ways, the labor security department shall order the employer to make corrections. If it fails to do so, it may be fined not more than one thousand yuan; if it causes damage to the worker, the employer shall be liable for compensation:
(1) The labor contract shall be concluded in writing, and the employer intentionally delays in concluding a written labor contract;
(2) The labor contract is concluded in accordance with the employer's written text, which fails to contain the provisions stipulated in Article 18 of the present Law.
Article 73 Where the rules and regulations formulated by an employing unit are in violation of the provisions of laws and regulations, the labor security department shall give a warning and order rectification; where damage is caused to the workers, it shall be liable for compensation.
Article 74 If the probationary period agreed upon in a labor contract violates the provisions of Article 20 of this Law, the worker has the right to demand that the employer pay wages and remuneration in accordance with the wage standard for the non-probationary period.
Article 75 If the labor contract is invalid or revoked due to the reasons of the employer, and the worker has already paid for his labor, he may demand from the employer the payment of the corresponding labor remuneration and other treatments. If the laborer suffers losses, the employer shall be liable for compensation.
When the employer of the laborer as stipulated in the preceding paragraph is not the same as the employer who actually uses the laborer, the laborer may also demand from the actual user the payment of the corresponding labor remuneration and treatment as well as assume the liability for compensation.
Article 76 If an employer engages in any of the following cases, the administrative department of labor security shall order the employer to pay the worker's wages and remuneration, the difference between the worker's wages and the local minimum wage, or the economic compensation for the termination of the labor contract within a certain period of time; and if the payment is not made after the expiration of the period of time, the employer shall be ordered to pay the worker an additional amount of indemnification at a rate of not less than fifty per cent and not more than double of the amount payable to him or her:
(a) withholding or unjustifiably defaulting on the payment of labor remuneration to the workers;
(b) paying the workers' wages at a rate lower than the local minimum wage standard;
(c) terminating the labor contract and failing to pay the labor and economic compensation in accordance with the provisions of this Law.
Article 77 If an employing unit commits any of the following acts, which constitute a crime, the directly responsible supervisory personnel and other directly responsible personnel shall be held criminally liable in accordance with the law; if the act does not constitute a crime, it shall be punished by public security administration in accordance with the law; and if it causes any damage to the workers, it shall be held liable for compensation in accordance with the law:
(1) forcing the workers to work by means of violence, threat, or unlawful restriction of personal freedom labor;
(ii) insulting, physically punishing, beating, illegally searching and detaining workers.
Article 78 Where an employer suspends or partially suspends the performance of an employment contract in accordance with the provisions of Paragraph 2 of Article 35 of this Law, and the worker is proved to have been wrongfully restrained or deprived of his personal liberty, the losses incurred by the worker during the period of suspension of the performance of the employment contract shall be dealt with in accordance with the provisions of the Law of the People's Republic of China on State Compensation.
Article 79 If one of the circumstances stipulated in Article 45, paragraph 1, subparagraph (2), paragraph (4) and paragraph 2 of this Law occurs, and the laborer terminates the labor contract, the employer shall, in the case of a laborer who has entered into a labor contract of an open-ended term, pay compensation at the rate of twice the standard of economic compensation stipulated in Article 49, paragraph 1, subparagraph (1) of this Law; and in the case of a laborer who has entered into a labor contract of an open-ended term and to complete