On April 7th, 1995, the Guangdong Provincial People's Government promulgated the Regulations on the Management of Labor Contracts in Guangdong Province. Here, I would like to introduce some information about the regulations on the management of labor contracts in Guangdong Province, hoping to help you.

Regulations on the Administration of Labor Contracts in Guangdong Province

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the relevant provisions of the Labor Law of the People's Republic of China, in order to strengthen the administration of labor contracts, ensure the legal effect of labor contracts, safeguard the legitimate rights and interests of both employers and workers, and maintain normal production order.

article 2 these provisions are applicable to the labor contracts signed by various enterprises and individual economic organizations in our province (hereinafter referred to as employers) and laborers (including foreign, stateless and Hong Kong, Macao and Taiwan laborers employed in our province, hereinafter referred to as laborers).

these provisions shall apply to the labor contracts signed between state organs, institutions and social organizations and laborers.

article 3 a labor contract is an agreement between an employer and a laborer to establish labor relations and clarify the rights and obligations of both parties.

to establish labor relations, a labor contract should be concluded.

article 4 the conclusion, alteration, termination and dissolution of a labor contract must comply with the provisions of laws, regulations and rules.

article 5 labor administrative departments at all levels shall be in charge of labor contract management within their respective administrative areas.

chapter ii conclusion and modification of labor contracts

article 6 the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws, regulations and rules.

a labor contract is legally binding immediately after it is concluded in accordance with the law, and the parties must fulfill their obligations stipulated in the labor contract.

article 7 an employer must sign a written labor contract within 31 days when recruiting workers.

if an employer fails to sign a labor contract for more than 31 days, thus causing damage to the employee, the employer shall be liable for compensation.

article 8 both parties to a labor contract shall sign and seal the labor contract after reaching an agreement through consultation.

the labor contract shall take effect from the date when both parties sign the labor contract.

Article 9 A labor contract is invalid under any of the following circumstances:

(1) Violation of laws and regulations;

(2) The expression of the will of the parties is untrue, or it is concluded by means of fraud or coercion;

(3) harming the interests of the state, the collective and the society;

(4) it restricts or infringes upon the basic rights of one party, and the terms of the contract are obviously unfair.

article 11 invalid labor contracts are not protected by law. If it is confirmed that part of the labor contract is invalid, the remaining part is still valid if it does not affect the validity of the remaining part.

an invalid labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

article 11 the workers recruited by the employing unit must be at least 16 years old, have the ability of labor rights and behavior (except those who are under 16 years old according to the relevant regulations of the state), and those who are engaged in heavy manual labor or toxic and harmful jobs must be at least 18 years old. Recruit people

who are engaged in explosive and underground gas inspection in coal mines, and the age shall not be less than 21 years old.

the forbidden labor scope of underage workers and female workers shall be implemented according to state regulations.

Article 12 A labor contract shall contain the following contents:

(1) The term of the contract (including the probation period);

(2) tasks, types of work and positions;

(3) production and working conditions;

(4) education and training;

(5) labor discipline;

(6) labor protection;

(7) Labor remuneration;

(8) Labor insurance benefits;

(9) Working hours and rest and vacation;

(11) Liability for breach of labor contract;

(11) Conditions for termination of a labor contract.

in addition to the necessary clauses specified in the preceding paragraph, the parties to a labor contract may negotiate and agree on matters related to keeping the business secrets of the employer and other contents.

article 13 the text of a labor contract shall be uniformly formulated by the provincial labor administrative department. With the consent of the provincial labor administrative department, the municipal labor administrative department may formulate the local labor contract text by itself with reference to the unified text.

the text of the labor contract drawn up by the enterprise itself must be submitted to the local labor administrative department for examination.

Article 14 The term of a labor contract is divided into:

(1) those with a fixed term (the term of a temporary contract shall not exceed 1 years);

(2) there is no fixed term;

(3) The deadline is to complete a certain task.

if the employee has worked in the same employer continuously for more than 11 years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.

Non-fixed-term labor contracts are applicable to perennial technical posts and jobs. When signing an open-ended labor contract, the conditions for termination and dissolution of the contract must be clearly defined.

Article 15 Both parties to a labor contract may agree on a probation period, which shall not exceed 6 months at the longest; If the term of the labor contract is less than 1 years, the probation period may not be implemented.

the unit that implements the full-time labor contract system signs labor contracts with the original employees, and the probation period may not be implemented if the type of work and specialty are corresponding.

Contract workers who are re-employed, such as those who have the same job type and major, may not be subject to probation.

Article 16 The labor contract may be modified under any of the following circumstances:

(1) Both parties agree through consultation;

(2) The laws, regulations and rules on which the labor contract is concluded have been revised;

(3) The enterprise merges, stops production, changes production or is declared bankrupt according to law;

(4) being disabled due to work, partially losing the ability to work and unable to engage in the original job.

if either party requests to change the relevant contents of the labor contract, it shall notify the other party in writing. The notified party shall make a reply within 15 days after receiving the notice. Failing to reply within the time limit shall be deemed as agreeing to change the labor contract.

Article 17 If the labor contract has not been changed, the employing unit shall not arrange the laborers to engage in jobs other than those stipulated in the contract or change their posts. However, the following situations are excluded:

(1) In case of an accident or disaster, emergency repair or disaster relief is needed in time;

(2) temporary transfer of internal institutions or jobs and posts due to production and work needs;

(3) Other circumstances stipulated by laws, regulations and rules.

chapter iii dissolution and termination of labor contracts

article 18 a labor contract may be dissolved after the parties to the labor contract reach an agreement through consultation.

Article 19 The employing unit may terminate the labor contract under any of the following circumstances:

(1) It is proved that the employee does not meet the employment conditions during the probation period;

(2) The laborer seriously violates labor discipline or the rules and regulations of the employing unit;

(3) serious dereliction of duty and graft, which has caused great damage to the interests of the employer;

(4) The employing unit is closed down, declared bankrupt according to law or on the verge of bankruptcy and is in the period of legal rectification;

(5) The employee is sick or injured non-work-related, and cannot take up his original job or other jobs arranged by the employer after the medical treatment expires;

(6) due to changes in production, operation and technical conditions, it is confirmed by the labor administrative department that the employer is unable to transfer the surplus personnel;

(7) The conditions for dissolving the labor contract agreed in the labor contract appear.

article 21 an enterprise shall seek the opinions of the trade union of the enterprise when it terminates the labor contract.

article 21 if it is really necessary for an employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 31 days in advance, listen to the opinions of the trade union or employees, and may reduce its staff after reporting to the labor administrative department.

if the employing unit needs to hire personnel within six months after downsizing according to the provisions of this article, it shall give priority to the retrenched personnel.

article 22 if the employer terminates the labor contract according to the provisions of article 18, item (4), (5), (6) and (7) of article 19 and article 21 of these provisions, it shall give the laborer economic compensation according to the relevant provisions of the state.

Article 23 An employee may terminate the labor contract under any of the following circumstances:

(1) During the probation period;

(2) confirmed by the relevant state departments, the employer's labor safety and health conditions are poor, which seriously endangers the health of workers;

(3) The employing unit fails to perform the terms stipulated in the labor contract, or violates laws, regulations and rules, thus infringing upon the legitimate rights and interests of workers;

(4) The employing unit fails to pay labor remuneration according to the provisions of the labor contract, and deducts or delays wages without reason;

(5) With the consent of the employing unit, he was admitted to a secondary specialized school or above at his own expense;

(six) in line with the relevant provisions of the state and our province, the transfer of work units;

(7) laborers go abroad to study at their own expense and leave the country to settle down;

(8) The laws, regulations and rules stipulate that the employee may terminate the labor contract.

Article 24 If a worker is dismissed, removed from the list, dismissed, rehabilitated through labor or sentenced, the labor contract shall be dissolved by itself.

Article 25 In any of the following circumstances, the employing unit shall not terminate the labor contract:

(1) The term of the labor contract has not expired and it does not meet the provisions of Articles 18, 19 and 21;

(2) The employee is hospitalized for illness or non-work-related injury within the prescribed medical treatment period or after the medical treatment period expires but confirmed by the hospital at or above the county level;

(3) The laborer suffers from occupational diseases or work-related injuries and is confirmed by the labor appraisal committee to have lost or partially lost the ability to work;

(4) Female employees are during pregnancy, childbirth and lactation (unless otherwise specified by the state);

(5) The employee is on statutory leave or family leave.

article 26 either party must notify the other party in writing 31 days in advance to terminate the labor contract (except items (1), (2) and (3) of article 19 and items (2), (3) and (4) of article 23).

if the employer fails to notify the employee 31 days in advance, it shall pay the employee compensation for the average monthly salary of 1 months in the current year.

Article 27 A labor contract shall be terminated if one of the following conditions is met:

(1) The term of the labor contract expires;

(2) The tasks agreed in the labor contract have been completed;

(3) the conditions for termination of the contract agreed in the labor contract with no fixed term appear;

(4) The enterprise is closed down or declared bankrupt according to law;

(5) The labor dispute arbitration committee decides to terminate the contract;

(6) termination of the contract as otherwise provided by laws, regulations and rules.

article 28 after the expiration and termination of the labor contract, if it is really necessary to retain the employment, the labor contract may be re-signed upon mutual agreement.

article 29 if the labor contract expires or the tasks agreed in the labor contract have been completed, the employer shall pay the living allowance to the workers in one lump sum according to the regulations.

Article 31 The payment standard of living allowance shall be calculated according to the working years of the employee in the unit, and the employee shall be paid the average monthly salary of 1 months for every 1 years; Half a year and less than 1 years, according to 1 years; Less than half a year, half a month's average monthly salary.

the average monthly salary is calculated according to the average monthly salary of the workers in the three months before the termination of the labor contract.

chapter iv collective contracts

article 31 the employees of an enterprise may sign a collective contract with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare. The collective contract scheme shall be submitted to the workers' congress or all the workers for discussion and adoption.

the collective contract is signed by the trade union on behalf of the employees and the enterprise; Enterprises that have not established trade unions shall be signed by the representatives elected by the employees.

the maximum term of a collective contract shall not exceed 3 years.

Article 32 A collective contract shall be submitted to the labor administrative department for examination within 7 days after it is signed; If the labor administrative department does not raise any objection within 15 days from the date of receiving the text of the collective contract, the collective contract shall take effect.

article 33 a collective contract signed according to law is binding on the enterprise and all its employees. The standards of working conditions and remuneration in the labor contract concluded between individual employees and enterprises shall not be lower than those stipulated in the collective contract.

article 34 if a dispute arises from the signing of a collective contract and the parties fail to resolve it through consultation, the local labor administrative department may organize the relevant parties to coordinate the settlement.

in case of disputes arising from the performance of the collective contract, if the parties fail to resolve them through consultation, they may apply to the labor dispute arbitration commission for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

chapter v verification of labor contracts

article 35 verification of labor contracts is an administrative supervision and service measure for the labor administrative department to examine and prove the authenticity and legality of labor contracts according to law.

after the labor contract is signed and sealed by both parties, the labor administrative department shall handle the verification.

article 36 the labor administrative departments at all levels should be equipped with specialized personnel to be responsible for the verification of labor contracts.

Article 37 The parties to a labor contract shall provide the following materials when conducting authentication:

(1) The labor contract is made in triplicate;

(2) identification certificates of both parties to the labor contract and qualification certificates of legal representatives or entrusted agents;

(3) other supporting materials related to the labor contract.

Article 38 The verification of a labor contract includes the following contents:

(1) Whether both parties to a labor contract are qualified to sign a labor contract;

(2) whether the contents of the labor contract comply with the provisions of laws, regulations and rules;

(3) whether the terms of the labor contract are complete, whether the rights and obligations of both parties are clear, and whether the written expression is accurate;

(4) whether the contract form is standardized;

(5) whether the liability for breach of contract is legal and reasonable;

(6) whether the procedures for concluding a labor contract are in compliance with regulations and whether the expressions of will of both parties are true.

article 39 a labor contract that has been examined and verified shall be signed by the verification staff, stamped with the special seal for labor contract verification, marked with the verification date, and numbered uniformly.

Article 41 The verification fee shall be paid for the verification of the labor contract, and the 5 yuan shall be charged for each verification of the labor contract.

Chapter VI Liability for Breach of Labor Contract

Article 41 If a labor contract cannot be performed or fully performed due to the fault of one party, the party at fault shall bear the liability for breach of contract; If losses are caused to the other party, it must be liable for compensation; If both parties are at fault, they shall bear their respective liabilities for breach of contract.

Article 42 Under the following conditions, the parties may be exempted from the responsibility for violating the labor contract:

(1) The violation of the labor contract is caused by force majeure;

(2) both parties agree in the labor contract that they are not responsible, and they are in compliance with laws, regulations and rules.

article 43 if the employer or the employee terminates the labor contract in violation of laws, regulations and rules, the employer must continue to perform the contract after the ruling of the labor dispute arbitration commission, and pay back all the wages, bonuses and labor insurance benefits of the employee from the date of termination to the date of re-performance of the labor contract; The laborer must return to the original employer to continue to perform the labor contract, and