Labor Contract Law of the People's Republic of China

general provisions

Article 1 This Law is formulated in order 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.

Article 2 This Law shall apply to enterprises, individual economic organizations, people run non enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employing units") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, cancellation or termination of labor contracts by State organs, institutions, social organizations and workers who have established labor relations with them shall be governed by this Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility.

The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations agreed in the labor contract.

Article 4 The employing unit shall establish and improve labor rules and regulations according to law, and ensure that workers enjoy their labor rights and perform their labor obligations.

When an employer formulates, modifies or decides on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all the employees and put forward plans and opinions, It shall be determined through equal consultation with the trade union or staff representatives.

In the process of implementing the rules and regulations and decisions on major issues, if the trade union or the staff and workers think that it is inappropriate, they have the right to propose to the employing unit to revise and improve it through consultation.

The employing unit shall publicize the rules and regulations and major decisions directly related to the immediate interests of workers, or inform workers.

Article 5 The labor administrative departments of the people's governments at or above the county level shall, together with the trade unions and the representatives of the enterprises, establish and improve the tripartite mechanism for coordinating labor relations, and jointly study and solve major issues related to labor relations.

Article 6 A trade union shall help and guide workers to conclude and perform labor contracts with the employing unit according to law, and establish a collective negotiation mechanism with the employing unit to safeguard the legitimate rights and interests of workers.

Chapter II Conclusion of Labor Contracts

Article 7 The employing unit shall establish labor relations with labourers from the date of employment. The employing unit shall establish a register of employees for future reference.

Article 8 When employing labourers, the employing unit shall truthfully inform labourers of the work content, working conditions, workplace, occupational hazards, production safety, labour remuneration and other information that labourers require to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 9 The employing unit shall not detain the resident identity card and other certificates of the laborer when recruiting the laborer, nor require the laborer to provide guarantee or collect property from the laborer in any other name.

Article 10 To establish a labor relationship, a written labor contract shall be concluded.

If a labor relationship has been established but 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 an employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 11 Where an employing unit fails to conclude a written labor contract at the same time as employing workers, and the labor remuneration agreed with workers is not clear, the labor remuneration of newly recruited workers shall be subject to the standards specified in the collective contract; In the absence of a collective contract or where it is not stipulated in the collective contract, equal pay for equal work shall be applied.

Article 12 Labor contracts are divided into fixed term labor contracts, non fixed term labor contracts and labor contracts with the time limit of completing certain work tasks.

Article 13 A fixed term labor contract refers to a labor contract in which an employer and a worker agree on the time of termination of the contract.

An employer and a worker may conclude a fixed term labor contract upon consensus.

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

An employer and a worker may conclude a non fixed term labor contract upon consensus. In any of the following circumstances, if the laborer proposes or agrees to renew or conclude a labor contract, an unfixed term labor contract shall be concluded unless the laborer proposes to conclude a fixed term labor contract:

（1） The laborer has worked in the employing unit for ten consecutive years;

（2） When the employer first implements the labor contract system or the state-owned enterprise restructures and re concludes the labor contract, the employee has worked in the employer for ten consecutive years and is less than ten years away from the statutory retirement age;

（3） The labor contract is renewed after two consecutive fixed term labor contracts are concluded, and the laborer does not have the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law.

If an employer fails to conclude a written labor contract with a worker at the end of one year from the date of employment, it shall be deemed that the employer has concluded a non fixed term labor contract with the worker.

Article 15 A labor contract whose term is to complete a certain task refers to a labor contract in which an employer and a worker agree that the term of the contract is to complete a certain task.

An employer and a worker may conclude a labor contract with the time limit of completing a certain task upon consensus.

Article 16 A labor contract shall come into force after the employer and the worker reach an agreement through consultation, and the employer and the worker sign or seal the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 17 A labor contract shall contain the following clauses:

（1） The name, address, legal representative or principal person in charge of the employer;

（2） The name, address and resident ID card or other valid ID card number of the worker;

（3） Term of labor contract;

（4） Work content and location;

（5） Working hours, rest and vacation;

（6） Labor remuneration;

（7） Social insurance;

（8） Labor protection, working conditions and occupational hazard protection;

（9） Other matters required by laws and regulations to be included in the labor contract.

In addition to the necessary clauses specified in the preceding paragraph, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance, welfare benefits, etc.

Article 18 If a dispute arises because the labor contract does not clearly stipulate the standards of labor remuneration and working conditions, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective agreement shall apply; If there is no collective contract or the collective contract does not provide for labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the State shall apply.

Article 19 If the term of a 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 or without a fixed term of more than three years shall not exceed six months.

The same employer and the same worker can only agree on one probation period.

A probation period may not be stipulated in a labor contract whose term is to complete a certain task 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 a probation period, the probation period shall not be established, and this period shall be the term of the labor contract.

Article 20 The wages of labourers during the probation period shall not be lower than the lowest wage for the same position of the unit or 80% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employing unit is located.

Article 21 During the probation period, the employing unit may not terminate the labor contract, except that the laborer has the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reason to the worker.

Article 22 Where an employing unit provides special training fees for labourers and provides them with professional and technical training, it may conclude an agreement with such labourers on the term of service.

If a worker violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required to be paid by the employer shall not exceed the training expenses that should be shared for the part of the service period that has not been performed.

If an employer and a worker agree on a service period, it shall not affect the increase of the worker's remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 An employer and a worker may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.

For workers who are obligated to keep secrets, the employer may agree with the worker in the labor contract or confidentiality agreement on non competition clauses, and agree to give the worker monthly economic compensation within the non competition period after the labor contract is dissolved or terminated. If a worker violates the stipulation on non competition, he shall pay liquidated damages to the employer in accordance with the stipulation.

Article 24 The persons subject to non competition shall be limited to the senior managers, senior technicians and other persons with confidentiality obligations of the employing unit. The scope, region and duration of the restriction on competition shall be agreed upon by the employer and the worker, and the agreement on the restriction on competition shall not violate the provisions of laws and regulations.

After the cancellation or termination of the labor contract, the period of non competition for the personnel specified in the preceding paragraph to other employers that compete with their own units in producing or operating similar products or engaging in similar businesses, or to start their own businesses in producing or operating similar products or engaging in similar businesses, shall not exceed two years.

Article 25 Except for the circumstances specified in Articles 22 and 23 of this Law, the Employer may not agree with the worker that the worker shall bear the liquidated damages.

Article 26 The following labor contracts are invalid or partially invalid:

（1） Causing the other party to conclude or change the labor contract against its true intention by means of fraud, coercion or taking advantage of the other party's difficulties;

（2） The employer exempts itself from its legal responsibilities and excludes the rights of workers;

（3） Violating the mandatory provisions of laws and administrative regulations.

If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 Where a part of a labor contract is invalid, which does not affect the validity of the other parts, the other parts remain valid.

Article 28 If a labor contract is confirmed to be invalid and the worker has already worked, the employer shall pay the worker remuneration. The amount of labor remuneration shall be determined by reference to the labor remuneration of workers in the same or similar positions of the unit.

Article 29 The Employer and the laborer shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 30 The employing unit shall, in accordance with the provisions of the labor contract and the provisions of the State, pay labourers remuneration in full and on time.

If the employer defaults or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.

Article 31 The employing unit shall strictly implement the labor quota standards and shall not force or in disguised form force workers to work overtime. Where an employing unit arranges for overtime work, it shall pay overtime pay to the workers in accordance with the relevant provisions of the State.

Article 32 A worker who refuses to be instructed or forced to work at risk by the management personnel of the employing unit in violation of regulations shall not be deemed to have violated the labor contract.

Labourers have the right to criticize, report and accuse employers of working conditions that endanger their life safety and health.

Article 33 The change of the name, legal representative, main responsible person or investor of the employer shall not affect the performance of the labor contract.

Article 34 In case of merger or division of the employing unit, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations.

Article 35 An employer and a worker may change the contents of the labor contract if they reach consensus through consultation. The alteration of a labor contract shall be in writing.

The employer and the employee shall each hold one copy of the revised labor contract.

Chapter IV Cancellation and Termination of Labor Contracts

Article 36 The Employer and the laborer may terminate the labor contract if they reach consensus through consultation.

Article 37 A worker may terminate his labor contract by giving a written notice to the employing unit 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.

Article 38 Under any of the following circumstances, a worker may terminate his 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 workers according to law;

（4） The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

（5） The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

（6） Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.

If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

Article 39 The employing unit may terminate the labor contract of a worker in 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;

（3） Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;

（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 his own unit, or refuses to correct after being proposed by the employer;

（5） The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

（6） Being investigated for criminal responsibility according to law.

Article 40 Under any of the following circumstances, the employing unit may terminate the labor contract after notifying the laborer himself in writing 30 days in advance or after paying the laborer an additional month's wages:

（1） The laborer is unable to engage in his original work or other work arranged by the employer after the prescribed medical treatment period expires due to illness or non work related injury;

（2） The laborer is incompetent for his work and still is incompetent after training or job adjustment;

（3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.

Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or reduce less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employing unit may reduce personnel after explaining the situation to the trade union or all the employees 30 days in advance, listening to the opinions of the trade union or the employees, and reporting the reduction plan to the labor administrative department:

（1） Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;

（2） Serious difficulties in production and operation;

（3） The enterprise has changed its production, made major technological innovation or adjusted its mode of operation, and still needs to reduce its personnel after changing its labor contract;

（4） The labor contract cannot be performed due to other major changes in the objective economic conditions on which the labor contract was concluded.

When downsizing personnel, priority shall be given to the following personnel:

（1） Concluding a long-term fixed term labor contract with the unit;

（2） Conclude a non fixed term labor contract with the unit;

（3） There are no other employees in the family, and there are old people or minors in need of support.

If an employing unit reduces its personnel in accordance with the provisions of the first paragraph of this Article and re recruits personnel within six months, it shall notify the personnel who have been reduced, and give priority to the personnel who have been reduced under the same conditions.

Article 42 The employing unit may not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker has any of the following circumstances:

（1） The workers engaged in the operations exposed to occupational disease hazards have not undergone the pre departure occupational health examination, or the suspected occupational disease patients are under diagnosis or medical observation;

（2） Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work;

（3） Illness or non work related injury within the prescribed medical treatment period;

（4） A female worker is in the period of pregnancy, childbirth or lactation;

（5） Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age;

（6） Other circumstances stipulated by laws and administrative regulations.

Article 43 When an employing unit unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. If the employing unit violates the provisions of laws, administrative regulations or the labor contract, the trade union has the right to request the employing unit to make corrections. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing.

Article 44 A labor contract shall be terminated under any of the following circumstances:

（1） The labor contract expires;

（2） Workers begin to enjoy basic old-age insurance benefits according to law;

（3） The worker dies, or is declared dead or missing by the people's court;

（4） The employing unit is declared bankrupt according to law;

（5） The business license of the employer is revoked, the employer is ordered to close down, or the employer decides to dissolve in advance;

（6） Other circumstances stipulated by laws and administrative regulations.

Article 45 If a labor contract expires and one of the circumstances specified in Article 42 of this Law occurs, the labor contract shall be extended until the corresponding circumstances disappear. However, the termination of the labor contract of a laborer who has lost or partially lost his ability to work as stipulated in Item 2 of Article 42 of this Law shall be subject to the provisions of the State on work-related injury insurance.

Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the worker:

（1） The laborer terminates the labor contract in accordance with Article 38 of this Law;

（2） The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches consensus with the laborer to terminate the labor contract;

（3） The employer terminates the labor contract in accordance with Article 40 of this Law;

（4） The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

（5） The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal;

（6） The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;

（7） Other circumstances stipulated by laws and administrative regulations.

Article 47 The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.

If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

Article 48 If the Employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the Employer shall continue to perform the labor contract; If the laborer does not request to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employing unit shall pay compensation in accordance with the provisions of Article 87 of this Law.

Article 49 The State shall take measures to establish and improve the system of trans regional transfer and succession of social insurance relations of workers.

Article 50 The employing unit shall issue a certificate of cancellation or termination of the labor contract when it cancels or terminates the labor contract, and handle the transfer procedures of the archives and social insurance relationship for the laborer within 15 days.

The laborer shall handle the handover of work as agreed by both parties. If the employer should pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall pay it when the handover of work is completed.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Chapter V Special Provisions

Section 1 Collective Contract

Article 51 The staff and workers of an enterprise may, through equal consultation with the employing unit, conclude a collective contract on matters such as labour remuneration, working hours, rest and vacation, labour safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and approval.

A collective contract shall be concluded between the trade union and the employer on behalf of the employees of the enterprise; For an employing unit that has not yet established a trade union, it shall be concluded with the employing unit by a representative elected by the workers under the guidance of the trade union at a higher level.

Article 52 The staff and workers of an enterprise may conclude special collective contracts with the employing unit, such as labor safety and health, protection of the rights and interests of female staff and workers, wage adjustment mechanism, etc.

Article 53 In areas below the county level, trade unions may conclude industrial collective contracts or regional collective contracts with representatives of enterprises in the construction, mining, catering services and other industries.

Article 54 After a collective contract is concluded, it shall be submitted to the labour administrative department; If the labor administrative department does not raise any objection within 15 days from the date of receiving the text of the collective agreement, the collective agreement will become effective.

Collective contracts concluded according to law are binding on employers and workers. Industrial and regional collective agreements are binding on local employers and workers in their respective industries and regions.

Article 55 The standards of labor remuneration and working conditions in a collective contract shall not be lower than the minimum standards prescribed by the local people's government; The standards of labor remuneration and working conditions in the labor contract concluded between the employer and the worker shall not be lower than those stipulated in the collective contract.

Article 56 If an employing unit violates a collective contract and infringes upon the labour rights and interests of employees, the trade union may demand that the employing unit bear responsibility according to law; If a dispute arises from the performance of a collective agreement and cannot be resolved through consultation, the trade union may apply for arbitration or bring a lawsuit in accordance with the law.

Section II Labor Dispatch

Article 57 To operate labor dispatch business, the following conditions shall be met:

（1） The registered capital shall not be less than 2 million yuan;

（2） Having fixed business premises and facilities suitable for conducting business;

（3） Having a labor dispatch management system that conforms to the provisions of laws and administrative regulations;

（4） Other conditions stipulated by laws and administrative regulations.

To operate labor dispatch business, an administrative license shall be applied to the labor administrative department according to law; If permitted, corresponding company registration shall be handled according to law. Without permission, no unit or individual may engage in labor dispatch business.

Article 58 A labor dispatching unit is an employing unit as referred to in this Law, and shall fulfill the obligations of the employing unit to workers. The labor contract concluded between the labor dispatching unit and the dispatched worker shall specify, in addition to the matters specified in Article 17 of this Law, the receiving unit of the dispatched worker, the dispatch period, the job position, etc.

The labor dispatch unit shall conclude a fixed term labor contract with the dispatched workers for more than two years and pay 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.

Article 59 When dispatching workers, a labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the receiving unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the duration of dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for breach of the agreement.

The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job position, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60 The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement.

The labor dispatch unit shall not withhold the labor remuneration paid by the receiving unit to the dispatched workers in accordance with the labor dispatch agreement.

The labor dispatching unit and the receiving unit shall not collect fees from the dispatched workers.

Article 61 Where a labor dispatching unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be subject to the standards of the place where the employing unit is located.

Article 62 The employing unit shall perform the following obligations:

（1） Implement national labor standards and provide corresponding working conditions and labor protection;

（2） Inform the dispatched workers of their job requirements and labor remuneration;

（3） Pay overtime pay and performance bonus, and provide post related benefits;

（4） Provide necessary training for the dispatched workers on the job;

（5） For continuous employment, the normal wage adjustment mechanism shall be implemented.

The employing unit may not reassign the dispatched workers to other employing units.

Article 63 Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, apply the same method of labor remuneration distribution to dispatched workers and workers in the same position of the unit. If the employing unit does not have workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.

The labor contract concluded between the labor dispatching unit and the dispatched worker and the labor dispatching agreement concluded between the labor dispatching unit and the receiving unit shall comply with the provisions of the preceding paragraph in terms of the labor remuneration paid to the dispatched worker as stated or agreed.

Article 64 Dispatched workers shall have the right to join or organize trade unions in the labor dispatching unit or the receiving unit according to law, and safeguard their legitimate rights and interests.

Article 65 A dispatched worker may terminate his labor contract with the labor dispatch unit in accordance with the provisions of Articles 36 and 38 of this Law.

If a dispatched worker falls under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law, the employing unit may return the worker to the labor dispatching unit, and the labor dispatching unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.

Article 66 Labor contract employment is the basic form of employment for enterprises in China. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs.

The temporary jobs mentioned in the preceding paragraph refer to the jobs with a duration of no more than six months; Auxiliary jobs refer to non main business jobs that provide services for main business jobs; Alternative jobs refer to the jobs that can be replaced by other workers within a certain period of time when the workers of the employing unit cannot work due to off job study, vacation and other reasons.

The employing unit shall strictly control the number of dispatched workers and shall not exceed a certain proportion of its total number of workers. The specific proportion shall be stipulated by the labor administrative department of the State Council.

Article 67 An employing unit may not establish a labor dispatch unit to dispatch workers to its own unit or affiliated units.

Section 3 Part time Employment

Article 68 The term "part-time employment" refers to the form of employment in which the remuneration is mainly calculated by the hour, and the average daily working hours of workers in the same employing unit generally do not exceed four hours, and the cumulative working hours of workers per week do not exceed twenty-four hours.

Article 69 Both parties to part-time employment may conclude an oral agreement.

A worker engaged in part-time employment may conclude a labor contract with one or more employers; However, the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.

Article 70 The parties to part-time employment shall not agree on a probation period.

Article 71 Either party to part-time employment may notify the other party to terminate employment at any time. In case of termination of employment, the Employer will not pay economic compensation to the laborer.

Article 72 The hourly wage standard for part-time employment shall not be lower than the minimum hourly wage standard set by the local people's government where the employing unit is located.

The maximum settlement and payment cycle of labor remuneration for part-time employment shall not exceed 15 days.

Article 73 The labor administrative department of the State Council shall be responsible for the supervision and administration of the implementation of the national labor contract system.

The labor administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the implementation of the labor contract system within their respective administrative areas.

The labor administrative departments of the people's governments at or above the county level shall listen to the opinions of the trade unions, representatives of the enterprises and the competent departments of the relevant industries in the supervision and administration of the implementation of the labor contract system.

Article 74 The labor administrative departments of the local people's governments at or above the county level shall, according to law, supervise and inspect the implementation of the labor contract system as follows:

（1） The employer formulates rules and regulations directly related to the immediate interests of workers and their implementation;

（2） The conclusion and termination of labor contracts between the employer and the employee;

（3） Compliance of labor dispatching units and accepting units with relevant regulations on labor dispatching;

（4） The employer's compliance with the state regulations on working hours, rest and vacation of workers;

（5） The employer pays the labor remuneration agreed in the labor contract and implements the minimum wage standard;

（6） The employer's participation in various social insurances and payment of social insurance premiums;

（7） Other labor supervision matters stipulated by laws and regulations.

Article 75 When conducting supervision and inspection, the labor administrative departments of the local people's governments at or above the county level have the right to consult materials related to labor contracts and collective contracts, and have the right to conduct on-site inspections of workplaces. Both employers and workers should truthfully provide relevant information and materials.

When conducting supervision and inspection, the staff of the labor administrative department shall show their certificates, exercise their functions and powers according to law, and enforce the law in a civilized manner.

Article 76 The relevant competent departments of the people's governments at or above the county level, such as the supervision and administration of construction, health and production safety, shall, within the scope of their respective duties, supervise and administer the implementation of the labor contract system by the employing units.

Article 77 If the legitimate rights and interests of labourers are infringed upon, they shall have the right to request the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.

Article 78 Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise the performance of labor contracts and collective contracts by employers. If the employing unit violates labor laws, regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or request correction; If a worker applies for arbitration or brings a lawsuit, the trade union shall provide support and assistance according to law.

Article 79 Any organization or individual shall have the right to report violations of this Law, and the labor administrative department of the people's government at or above the county level shall verify and deal with them in a timely manner, and reward those who have rendered meritorious service in reporting such violations.

Chapter VII Legal Liability

Article 80 If the rules and regulations of the employing unit that directly involve the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If it causes damage to workers, it shall be liable for compensation.

Article 81 If the text of the labor contract provided by the employing unit does not contain the necessary provisions of the labor contract as prescribed by this Law, or the employing unit fails to deliver the text of the labor contract to the worker, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

Article 82 If an employing unit fails to conclude a written labor contract with a worker more than one month but less than one year after the date of employment, it shall pay twice the monthly salary to the worker.

If an employer, in violation of the provisions of this Law, does not conclude a non fixed term labor contract with a worker, it shall pay twice the salary to the worker every month from the date when the non fixed term labor contract should be concluded.

Article 83 Where an employing unit violates the provisions of this Law by agreeing a probation period with a worker, the labor administrative department shall order it to make corrections; If the illegally agreed probation period has been fulfilled, the employing unit shall pay compensation to the laborer for the period that has been fulfilled beyond the statutory probation period, based on the laborer's salary at the end of the probation period.

Article 84 Where an employing unit, in violation of the provisions of this Law, distrains a worker's resident identity card or other documents, the labor administrative department shall order it to return the worker himself within a time limit and impose a penalty in accordance with relevant laws.

If an employing unit, in violation of the provisions of this Law, collects property from a worker in the name of guaranty or otherwise, the labor administrative department shall order it to return the property to the worker within a time limit, and impose a fine of not less than 500 yuan but not more than 2000 yuan per person; If it causes damage to workers, it shall be liable for compensation.

If a worker cancels or terminates his labor contract according to law, and the employer distrains the worker's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 85 In any of the following circumstances, the labor administrative department shall order the employing unit to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If it fails to pay within the time limit, the Employer shall be ordered to pay an additional compensation to the worker at a rate between 50% and 100% of the amount payable:

（1） Failing to timely and fully pay labor remuneration to workers in accordance with the provisions of the labor contract or state regulations;

（2） Paying labourers wages below the local minimum wage standard;

（3） Arranging overtime without paying overtime pay;

（4） Cancellation or termination of the labor contract without paying economic compensation to the worker in accordance with this Law.

Article 86 If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

Article 87 If an employing unit cancels or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the economic compensation standard specified in Article 47 of this Law.

Article 88 In any of the following circumstances, the employing unit shall be given administrative punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law; If it causes damage to workers, it shall be liable for compensation:

（1） Forced labor by means of violence, threat or illegal restriction of personal freedom;

（2） Commanding in violation of regulations or forcing risky operations to endanger the personal safety of workers;

（3） Insulting, corporal punishment, beating, illegally searching or detaining workers;

（4） The poor working conditions and serious environmental pollution cause serious damage to the physical and mental health of workers.

Article 89 If an employing unit fails to issue a written certificate of dissolution or termination of a labor contract to a worker in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

Article 90 If a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or competition restrictions agreed upon in the labor contract, thereby causing losses to the employing unit, he shall be liable for compensation.

Article 91 Where an employing unit hires a worker whose labor contract with another employing unit has not been dissolved or terminated, and causes losses to other employing units, it shall bear joint and several liability for compensation.

Article 92 If anyone, in violation of the provisions of this Law, engages in labor dispatch business without permission, the labor administrative department shall order him to stop the illegal act, confiscate his illegal income and impose a fine of not less than one time but not more than five times the illegal income; If there are no illegal gains, a fine of not more than 50000 yuan may be imposed.

If a labor dispatch unit or an accepting unit violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 5000 yuan but not more than 10000 yuan per person, and its labor dispatch business license shall be revoked. If the employing unit causes damage to the dispatched workers, the labor dispatch unit and the employing unit shall bear joint and several liability for compensation.

Article 93 Legal responsibilities shall be investigated according to law for the illegal and criminal acts of an employing unit that does not have legal business qualifications; If a worker has already worked, the unit or its contributor shall pay remuneration, economic compensation and compensation to the worker in accordance with the relevant provisions of this Law; If it causes damage to workers, it shall be liable for compensation.

Article 94 Where an individual contract operator hires labourers in violation of the provisions of this Law and causes damage to labourers, the contracting organization and the individual contract operator shall bear joint and several liability for compensation.

Article 95 Where the labor administrative department, other relevant competent departments and their staff members neglect their duties, fail to perform their statutory duties, or illegally exercise their functions and powers, causing damage to workers or employers, they shall be liable for compensation; The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 96 Where there are other provisions in laws, administrative regulations or the State Council concerning the conclusion, performance, alteration, dissolution or termination of labor contracts between institutions and their staff members who are subject to the employment system, such provisions shall prevail; In the absence of such provisions, the relevant provisions of this Law shall apply.

Article 97 The labor contracts that have been concluded in accordance with the law before the implementation of this Law and continue to exist on the date of the implementation of this Law shall continue to be performed; The number of consecutive fixed term labor contracts stipulated in Item 3 of Paragraph 2 of Article 14 of this Law shall be counted from the time when a fixed term labor contract is subsequently concluded after the implementation of this Law.

If a labor relationship has been established before the implementation of this Law but no written labor contract has been concluded, it shall be concluded within one month from the date of the implementation of this Law.

If the labor contract existing on the date of implementation of this Law is dissolved or terminated after the implementation of this Law, and the economic compensation shall be paid according to the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the date of implementation of this Law; Before the implementation of this Law, if the employing unit should pay economic compensation to workers according to the relevant provisions at the time, the relevant provisions at the time shall prevail.

Article 98 This Law shall come into force as of January 1, 2008.