Lhasa City Labor Contract Management

Original Language Title: 拉萨市劳动合同管理办法

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(July 19, 2005, Lhasa city people's Government Executive meeting on August 3, 2005, Lhasa city people's Government promulgated as of October 1, 2005, 11th) Chapter I General provisions article in order to adjust labor relations, regulating the labor contract system, strengthening the management of labor contracts and safeguard the legitimate rights and interests of the parties, in accordance with the People's Republic of China and the relevant provisions of the labour code, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city of all kinds of enterprises, individual economic organizations and private non-enterprise units (hereinafter referred to as the employer) establishes labor relationship with a worker, these measures shall apply.
    State organs, institutions, social organizations and workers to establish labor contracts, in accordance with these rules.
    Third employment contract is workers and employers to establish labor relations, clearly the rights and obligations of the parties agreement.
    Employers and workers to establish labour close, must sign a written labor contract. Fourth article the conclusion and revision of labor contract shall follow the principle of equality, voluntariness and unanimity.
    Conclusion, alteration and termination of labor contracts, termination and renewal, shall not violate the provisions of law and rules and regulations and must not harm the social and public interests.
    Labour lawfully entered into a contract that is legally binding, the Parties shall perform their respective obligations under the contract.
    Fifth of municipal labor and social security administrative departments in charge of the labor contract system in the administrative area of the city to supervise and inspect.
    Counties (districts) of labor and social security administrative departments responsible for the administration of the labor contract system in implementation, monitoring and inspection. Sixth trade union organizations shall provide workers with labor contracts for guidance and help, the employing unit or supervise the implementation of the labor contract.
    Employers violated the legitimate rights and interests of the workers, unions negotiations should be representatives of workers and employers to safeguard the legal rights of laborers working in the formation and performance of contracts.
    Seventh the employer shall establish and perfect the working time, remuneration, rest and vacation, vocational training, safety and health, insurance and welfare, discipline and regulations, protect the legitimate rights and interests of workers.
    The employer shall establish a labor contract registration system, modification, termination system, archiving, management systems, statistical analysis system.
    Chapter II contract formation and performance of eighth labor contracts should be made before the first day of the workers, from the date of employment of the employer and the employee to establish labor relations. The conclusion of labour contracts may stipulate a time.
    No contract, signed or sealed by the parties time for entry into force. Signed or sealed by the parties is not consistent, is subject to last time signature or seal.
    Labor contract in duplicate, each party holds one copy.
    Before Nineth laborer in labor contracts, right to know about employer-related rules and regulations, working conditions, remuneration and other conditions, the employer should truthfully explain.
    In recruiting workers, the employer has the right to learn about workers ' health status, knowledge, skills and work experience and so on, workers should truthfully explain.
    Tenth an employing unit shall be established by law, pay wages, pay social insurance fees, according to the labour protection and working conditions, and the ability to bear civil liability.
    Workers must have reached legal age for employment, the ability to adapt to the fulfilment of contract obligations.
    An employer who employs a minor or migrant workers, must comply with the relevant regulations of the State, the Tibet Autonomous Region and the city. 11th hire workers or workers seeking jobs, workers are reluctant to sign a labor contract, employers may not hire.
    Of the employer not signing labor contracts, workers have the right to complain.
    12th relationship between employer and worker established the labor contract shall be submitted to the local labor and social security administrative departments for employment registration procedures.
    13th article labor contract should contains Ming employing units of name, and address and workers of name, and gender, and age, and address, and residents ID number, basic situation, and has following terms: (a) labor contract term; (ii) work content or jobs, and positions, and post; (three) labour protection and working conditions; (four) labor paid and the paid way and time; (five) social security; (six) discipline; (seven) labor contract of terminated conditions; (eight) violation labor contract of responsibility.
    14th a labor contract is in addition to the provisions provided for in article 13th, negotiated by the parties concerned, can also be specified in the employment contract of the following elements: (a) probationary period, (ii) training, and (iii) keeping trade secret rights and obligations; (d) supplementary insurance and welfare benefits; (v) other matters agreed to by the parties. 15th the employing units and a need to keep trade secrets of the employer of the worker when the labor contract, agreed to the advance notice period of termination of labor contract can be negotiated.
    Notice period shall not exceed 6 months, during this period, the employer can take away from the secret measures. 16th a labor contract can be agreed upon in the labour contract confidentiality clause or a separate signed a confidentiality agreement.
    After entering the known state trade secret, privacy, confidentiality agreement shall automatically cease. Article 17th labor contract worker may be agreed upon early termination of the contract for breach of contract.
    Workers default should take responsibility as stipulated in the labor contract. 18th the employer's legal representative (head) or the written authorization of the agent representing employers and workers signed labor contracts.
    A labour contract shall be signed or sealed by the respective, and affix the seal of the employer.
    19th article has following case one of of labor contract invalid: (a) violation labor legal, and administrative regulations of; (ii) take fraud, and stress, means made of; (three) content explicit lost fair of; (four) about labor paid and working conditions, standard below collective contract provides of; (five) without workers authorized by others generation signed of; (six) workers and original employing units of labor relationship not law terminated or lifted, its and third party signed of labor contract. Invalid labor contract, the labor dispute arbitration committee or the people's Court. Invalid labor contract, starting from the day of the conclusion of the non-legally binding.
    Identified some invalid labor contract, if you do not affect the validity of the remainder, the rest remain valid.
    The labour contract is confirmed as invalid, has fulfilled a labor contract of the worker, the employer shall pay the corresponding remuneration, provide appropriate treatment. 20th the employer and the employee labor relations of fact, no contract shall pay to sign labor contracts, the employer shall not terminate his employment as a result.
    Inconsistent labor contract negotiation by both parties, employer and employee labor relations for the duration of the labour contract on the date start date, duration of the labour contract shall not be less than 6 months.
    21st the conclusion of labour contracts, the employer may not in any form of collateral (content) or the deposit shall not be charged penalty shall not be detained worker identity card and other documents, shall not be extra terms of restriction of personal freedom and other rights violations.
    Of the 22nd under any of the following circumstances, a party may suspend the performance of the labor contract: (a) mutual agreement; (b) the worker suspected of crime, public order, national security or the restriction of freedom of the judiciary (iii) force majeure, (iv) other circumstances as stipulated by laws and regulations.
    End of suspension of performance, still has the condition of continued performance of the contract, should continue to perform. 23rd chapter of the labor contract period term of the labor contract is divided into fixed-term, fixed-term or to complete certain work for the term.
    Fixed term labor contract minimum cannot be less than 30th. 24th article has following case one of, workers requirements made no fixed term labor contract of, employing units should made no fixed term labor contract: (a) get Tibet Autonomous region above (containing provincial) model workers, and advanced workers title of or "51" labor medal winner; (ii) demobilization, and jobs veterans initial distribution work of; (three) yet implemented labor contract system of employing units initial implemented labor contract system Shi, workers continuous length full 10 years,
    Or within 10 years from the legal retirement age (iv) national, the Tibet Autonomous Region and other circumstances provided for in the city. 25th article probation of labor contract.
    Term of a labor contract in 6 months or less, the probation period may not exceed 15th; labor contract within a period of 6 months up to 1 year, the probation period may not exceed 30th; o work within a period of 1 to 2 years, the probation period may not exceed 60 days; the labor contract in more than 2 years, the probation period may not exceed 6 months.
    Labour Party only probation, probation is not established, the probation period for the duration of the labour contract.
    States have special provisions on workers ' period of probation, from its provisions. 26th article probation of labor contract more than the article 25th deadline, workers may request changes corresponding to the term of the labor contract, or ask the employer to more than non-probationary period a period of wages payment of wages.
    The employer shall promptly change the labor contract has a term, or in accordance with non-probationary period of wages payment of wages.
    27th the fourth chapter of the labor contract changes negotiated a labor contract the parties concerned, can change the labor contract. 28th when concluding the contract on the basis of laws, administrative rules and regulations change, it shall change the labor contract related content. Revision of labour contracts shall be in writing and shall record the details of any change in, date, signed and sealed by the parties. Part of a labor contract does not change, the Parties shall continue to perform.

    Merger or Division of a article 29th, after the merger or Division of the employer should be based on actual and former employer of the employee to follow the equality, the principle of consensus to change the labor contract.
    After change of term of a labour contract shall not be less than the original term of the labor contract is to perform.
    Article 30th during the labor contract is performed, the employer change names or workers by the public security authorities to change their names, does not affect the performance of the original contract, but shall perform the change.
    31st conclusion of the labor contracts, significant changes in the circumstances on the basis of a labor contract performance, where a party requires modification of labor contracts, and changes should be notified in writing to the other party, the notified parties shall from the date of receiving notification of the written replies to the 15th, fails to reply, and deemed to have agreed to change the labor contract.
    The fifth chapter of the labor contract rescission, termination and 32nd renewal employment contract the parties have so agreed, may discharge the labor contract. 33rd workers have one of the following circumstances, the employer may discharge the labor contract: (a) during the trial period proved to be in line with the conditions of employment, (ii) a serious breach of labour discipline or regulations of the employer, in accordance with employer or stipulated in the labor contract may rescind the contract.
    The rules and regulations of the employer except as incompatible with the laws and administrative regulations, and (iii) serious dereliction of duty, jobbery causes serious damage to the interests of the employer, (iv) be held criminally responsible or are undergoing rehabilitation through labour. 34th article has following case one of of, employing units can lifted labor contract, but should ahead of 30th to written form notification workers I: (a) workers sick or non-for workers wounded, medical expires Hou cannot engaged in original work, also cannot engaged in by employing units separately arrangements of work or not meet national, and Tibet Autonomous Region and this city engaged in about industry, and jobs post of provides, employing units cannot separately arrangements work of; (ii) workers cannot competent work, after training or adjustment work post,
    Still can't do the work, (iii) the labor contract is based on the significant changes in the objective circumstances, the original labor contract can not be carried out, by the parties cannot reach agreement on the revision of labour contracts.
    35th article employing units has following case one of, does needed cut personnel of, should ahead of 30th to unions organization or all workers description situation, heard unions organization or workers of views, by to where County (district) labor and social security administrative competent sector report Hou, can cut personnel: (a) near bankruptcy for statutory reorganization during of; (ii) production business occurred serious difficult of.
    Downsizing of the employer pursuant to the provisions of this article, within 6 months of hire personnel, should receive preference is downsizing.
    36th article workers has following case one of of, employing units shall not according to this provides 34th article, and 35th article of provides lifted labor contract: (a) sick or for workers wounded and was confirmed lost or part lost labor capacity of; (ii) sick or wounded, in provides of medical period within of; (three) female workers in pregnancy, and perinatal, and lactation within of; (four) recruitment army, in obligations military service during of; (five) demobilization, and jobs veterans initial participate in work not full 3 years of;
    (F) enterprises of equal consultations conclude a collective contract system, workers as bargaining representatives during the term of the labor contract, (VII) countries, other circumstances provided for in the Tibet Autonomous Region and the city.
    37th employee labor contracts, 30th or earlier should be according to the period of notice stipulated in the labor contract in advance, in writing, notify the employer.
    Worker to the employer caused economic losses that have not finished processing or is not in accordance with the labor contract agreed to assume liability for breach, shall not be based on the provisions of the preceding paragraph termination of labor contracts.
    38th article has following case one of of, workers can at any time notification employing units lifted labor contract, employing units should paid workers corresponding of labor paid and law paid social security fee: (a) in probation within of; (ii) employing units to violence, and threat or limit liberty, illegal means forced labor of; (three) employing units not by labor contract agreed provides working conditions of; (four) deduction or for no reason arrears workers wage; (five) seized workers identity, and qualification, and qualifications, documents of;
    (Vi) refused to pay laborers to work longer hours labour remuneration; (VII) less than the local minimum wage or collective wage of worker's wage standard stipulated in the contract; (VIII) failing to pay the social insurance premiums for the employee.
    39th article meet following conditions one of of, labor contract voting terminated: (a) labor contract term expires of; (ii) labor contract agreed of terminated conditions appeared of; (three) workers retired, and former of; (four) workers death or was Court declared missing, and death of; (five) employing units itself dissolved, and bankruptcy or was revoked of; (six) legal, and regulations, and regulations provides of other case.
    40th before the expiration of the labor contract, employers shall advance 30th termination or renewal of labor contracts intention to notify the employee in writing upon the procedure for termination or renewal of the labor contract.
    41st terminating party pursuant to these measures and termination of labor contracts, the employer shall issue to the employee within the 3rd ending, written proof for termination of labor contract, informed of his right to receive unemployment insurance benefits pursuant to the provisions, and lists of the unemployed from the end or termination of labor relations within 7th day of the social insurance agency for record, finished in 15th place in other relevant procedures. 42nd the employing unit shall, at the time of dissolution, termination of labor contract, certificate of termination, termination of labor contract directly to the worker himself, I am not, living together, have the ability to independently assume civil liability of adult immediate family members sign.
    Direct delivery difficulties can be served by post, by registered query receipt as indicated on the delivery date is the date of service. Worker unaccounted for, or use such service cannot be served by the case, the service can be taken through municipal-level media announcements.
    Since the 30th service shall be considered the date of announcement, unit personnel who violate the ban can be processed, and procedures for termination of contract. Article 43rd after the employer and the employee labor relations, re-employment of the workers, the archive should be transferred to the new employer; is not employed, the employer should be lifted in labor relations in the 15th to hand over its files on the date specified by the local authorities.
    Fails to surrender, the employer shall pay compensation for the losses caused to the unemployed.
    44th employer legally discharges the labor contract formalities and workers, is not invalid because he refused to sign, employers in handling procedures should specify in writing and file.
    Article 45th employer disciplinary dismissal, removal of processing at the same time, procedures for termination of contract, otherwise, the employer and the employee labor relations deemed null and void.
    Article 46th laborer breaches the earlier 30th or the agreed notice period required with the employer terminates the contract, the employer may not process the termination of the labor contract. 47th consensus by the parties to a contract, you can renew the labor contract.
    The same position to renew the labor contract, not probation.
    Workers employed by the same employer continuously for more than 10 years, the parties agreed to continue the labor contract, if the worker without a fixed term labor contract, the employer should be fixed-term labor contracts with laborers.
    48th workers suffering from occupational disease or work-related injuries and was confirmed to meet grade (5-6), requirements to renew the labor contract, the employer should renew the labor contract.
    49th employee within the prescribed period or within a female employee in her pregnancy, confinement or nursing period, when the term of the labor contract expires, the employer should extend the contract period to period, pregnancy, confinement or nursing period full. 50th labor contract expires, because the employer's reasons for termination of an employment contract procedures, worker and employer labor relations still exists, as a renewal of labor contracts, employers and workers to renew the labor contract.
    Labor contract negotiation by the parties are inconsistent, renewing a labor contract has a term of not less than 6 months from the date of signature.
    Other provisions of the sixth chapter 51st employer fails to follow these rules written labour contracts with workers, by the County (district) Administrative Department of labour and social security ordered to correct them.
    52nd employers violating these rules, fails to apply for registration of labor contract from the County (district), Department of labor and social security administration warning, rectification.
    53rd article violates, terminates the labor contract for workers caused economic loss, compensation shall be paid.
    Breach, termination of labor contracts for employees of economic compensation in accordance with the violations of and measures for the economic compensation for termination of labor contract provisions.
    54th in violation of these regulations to the Labour Party caused the loss of the relationship, in accordance with the breach of People's Republic of China labor law relating to labor contract provisions of the compensation scheme, compensation shall be paid.
    Compensation criteria in accordance with the relevant regulations of the State, the Tibet Autonomous Region and the City Executive.
                                                            Seventh chapter VIII supplementary provisions 55th article of the rules take effect on October 1, 2005.