The contents of the newly promulgated Labor Law are as follows: 1. Legislative purposes

To improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.

II. Scope of Adjustment

This Law is applicable to Chinese people, enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employing units) that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

state organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this law.

At the same time, it is stipulated in the annex that: if there are other provisions in laws, administrative regulations or the State Council, those provisions shall prevail when the institution concludes, performs, changes, dissolves or terminates the labor contract with the staff who implement the employment system; If there is no provision, it shall be implemented in accordance with the relevant provisions of this law.

III. About Rules and Regulations

The employing unit shall establish and improve labor rules and regulations according to law to ensure that workers enjoy labor rights and perform labor obligations. When an employer formulates, modifies or decides on rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, if the trade union or employees think it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation. The employing unit shall publicize the rules, regulations and major issues directly related to the vital interests of workers, or inform them.

iv. establishment of labor contract relationship and conclusion of written labor contract

the employer establishes labor relationship with the employee from the date of employment. To establish labor relations, a written labor contract shall be concluded. The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. The employer and the employee can conclude a fixed-term labor contract, an open-ended labor contract and a labor contract with the completion of a certain task as the term.

a labor contract shall contain the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition, the employer and the employee can agree on probation, training, keeping secrets, supplementary insurance and welfare benefits and other matters. At the same time, it is stipulated in the legal liability that if the employer fails to conclude a written labor contract with the employee for more than one month from the date of employment but less than one year, it shall pay the employee twice the monthly salary.

V. On the labor contract with no fixed term

The employer and the employee can conclude a labor contract with no fixed term through consultation. Under any of the following circumstances, if a laborer proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the laborer's proposal to conclude a fixed-term labor contract: (1) The laborer has worked in the employer for ten years continuously; (2) When the employing unit first implements the labor contract system or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked continuously in the employing unit for ten years and is less than ten years away from the statutory retirement age; (3) Concluding two consecutive fixed-term labor contracts, and the employee renews the labor contract without the circumstances as stipulated in Items 1 and 2 of Article 39 and Article 41 of this Law.

if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed that the employer and the employee have concluded an open-ended labor contract. At the same time, it is stipulated in the legal liability that if the employer violates the provisions of this law and does not conclude an open-ended labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded.

VI. Probation period

If the term of the labor contract is more than three 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 three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same employee can only agree on a probation period. A probation period may not be agreed upon in a labor contract whose term is to complete certain tasks or whose term is less than three months.

the probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. The salary of the employee during the probation period shall not be lower than the lowest salary of the same position in the unit or 81% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located.

during the probation period, the employer shall not terminate the labor contract, except that the employee does not meet the employment conditions, violates the rules and regulations, and is incompetent for the job. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee. At the same time, in the legal responsibility, it is stipulated that if the employer violates the provisions of this law and agrees with the employee on the probation period, the labor administrative department shall order it to make corrections; If the probation period agreed in violation of the law has been fulfilled, the employer shall pay compensation to the employee based on the monthly salary of the employee after the probation period, and according to the period that has been fulfilled beyond the statutory probation period.

VII. Performance of the Labor Contract

The employer and the employee shall fully perform their respective obligations in accordance with the labor contract. The employing unit shall, in accordance with the labor contract and the provisions of the state, pay the laborers full remuneration in time. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law; The people's court shall issue a payment order according to law.

The employing unit shall strictly implement the labor quota standard, and shall not force the laborers to work overtime or in disguised form. Where the employing unit arranges overtime work, it shall pay overtime pay to the workers in accordance with the relevant provisions of the state. Workers who refuse to command or force the management personnel of the employing unit to take risks in violation of regulations shall not be regarded as violating the labor contract.

Laborers have the right to criticize, report and accuse the employing unit of working conditions that endanger life safety and health. The state takes measures to establish and improve the system of trans-regional transfer and connection of workers' social insurance relations.

VIII. About the situation that the employee can terminate the labor contract

The employer and the employee can terminate the labor contract through consultation. The employee may terminate the labor contract by giving a written notice to the employer 31 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

if the employer has any of the following circumstances, the employee may terminate the labor contract: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage the legitimate rights and interests of workers; (five) the labor contract is invalid due to the fault of the employer; (6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

if the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer can immediately terminate the labor contract without informing the employer in advance.

IX. About the situation that the employer can terminate the labor contract

The employer and the employee can terminate the labor contract through consultation. The employer may terminate the labor contract if the employee is under any of the following circumstances: (1) It is proved that the employee does not meet the employment conditions during the probation period; (2) Seriously violating the rules and regulations of the employing unit; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being put forward by the employer; (five) the labor contract is invalid due to the fault of the employee; (6) Being investigated for criminal responsibility according to law.

under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 31 days in advance or paying the employee an extra month's salary: (1) the employee is sick or injured not at work, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after consultation.

X. With regard to economic layoffs

In any of the following circumstances, if it is necessary to lay off more than 21 employees or less than 21 employees, but accounting for more than 11% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 31 days in advance, and after listening to the opinions of the trade union or employees, the downsizing plan may be laid off after reporting to the labor administrative department: (1) Reorganization in accordance with the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the enterprise changes production, major technological innovation or adjustment of business mode, and it is still necessary to reduce the number of employees after changing the labor contract; (four) other major changes in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.

when downsizing, priority should be given to retaining the following workers: (1) concluding a long-term fixed-term labor contract with the unit; (2) Concluding an open-ended labor contract with the unit; (3) There are no other employees in the family, and there are elderly people or minors who need to be supported. If the employing unit reduces its staff according to law and recruits staff again within six months, it shall notify the retrenched staff and give priority to recruiting the retrenched staff under the same conditions.

Xi. About collective contracts

On the one hand, the employees of an enterprise and the employing unit can conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare through equal consultation. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption. The collective contract shall be concluded by the trade union on behalf of the employees of the enterprise and the employer; For an employer that has not established a trade union, the superior trade union shall guide the representatives elected by the workers to conclude with the employer.

The employees of an enterprise and the employing unit can conclude special collective contracts such as labor safety and health, protection of female employees' rights and interests, and wage adjustment mechanism. In areas below the county level, trade unions and representatives of enterprises may conclude industrial collective contracts or regional collective contracts in industries such as construction, mining and catering services.

after a collective contract is concluded, it shall be submitted to the labor administrative department; If the labor administrative department does not raise any objection within fifteen days from the date of receiving the text of the collective contract, the collective contract shall take effect. Collective contracts concluded according to law are binding on employers and workers. Industrial and regional collective contracts are binding on local employers and workers in this industry and region.

XII. About trade unions

The labor administrative department of the people's government at or above the county level shall, together with representatives of trade unions and enterprises, establish and improve a tripartite mechanism for coordinating labor relations, and * * * work together to study and solve major issues concerning labor relations. Trade unions shall help and guide laborers to conclude and perform labor contracts with employers according to law, and establish a collective consultation mechanism with employers to safeguard the legitimate rights and interests of laborers.

if the employer violates the collective contract and infringes on the labor rights and interests of employees, the trade union may require the employer to bear the responsibility according to law; Disputes arising from the performance of the collective contract cannot be resolved through consultation, and the trade union may apply for arbitration or bring a lawsuit according to law. Trade unions shall safeguard the legitimate rights and interests of workers according to law and supervise the performance of labor contracts and collective contracts by employers. If the employer violates labor laws and regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or ask for correction; If the laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.

XIII. On labor dispatch

Labor dispatch units shall be established in accordance with the relevant provisions of the Company Law, with a registered capital of not less than 511,111 yuan. The labor dispatch unit is the employing unit referred to in this Law and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit of the dispatched worker, the dispatch period, the post, etc.

the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay them monthly remuneration according to the minimum wage standard stipulated by the local people's government. The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement. Labor dispatch units and employing units shall not charge the dispatched workers.

the employing unit shall perform the following obligations: (1) to implement the national labor standards and provide corresponding working conditions and labor protection; (2) Informing the dispatched workers of their job requirements and remuneration; (3) Pay overtime pay and performance bonus, and provide post-related benefits; (four) to provide the necessary training for the dispatched workers on the job; (five) continuous employment, the implementation of the normal wage adjustment mechanism. The employing unit shall not dispatch the dispatched workers to other employing units.

the dispatched workers have the right to receive equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined with reference to the labor remuneration of workers in the same or similar positions where the employing unit is located. Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs.

an employer may not set up a labor dispatch unit to dispatch workers to its own unit or subordinate unit.

XIV. About Supervision and Inspection

The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law: (1) The rules and regulations formulated by the employer directly related to the vital interests of workers and their implementation; (2) The conclusion and dissolution of the labor contract between the employer and the employee; (three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch; (four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers; (five) the employer pays the labor remuneration agreed in the labor contract.