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Liaoning Provincial Labor Contract Provisions

Original Language Title: 辽宁省劳动合同规定

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(Summit No. 27 of 7 February 2004 from the Government of the Greateren Province to consider the adoption of the Decree No. 166 of 1 March 2004 by the Government of the Greateren Province, which was launched effective 1 April 2004)

Chapter I General
In order to regulate labour relations and protect the legitimate rights and interests of the parties to the labour contract, this provision is developed in line with the Law of the People's Republic of China and the relevant laws, regulations and regulations.
Article 2
The State organs, treasury units, social groups establish or form labour contracts with workers, in accordance with this provision.
Article 3. Labour contracts are an agreement between workers and agents to establish labour relations and to clarify the rights and obligations of both parties.
The conclusion and modification of labour contracts should be guided by the principle of equality of voluntary, consensual and in accordance with the relevant provisions of the law, regulations and regulations.
Labour contracts are legally binding in accordance with the law and the parties must fulfil their agreed obligations.
Article IV, municipalities, districts (including district, district, etc.) The Government's Labour and Social Security Administration is responsible for overseeing the implementation of the labour contract system in the present administration.
Article 5 shall establish systems for the establishment, modification, termination of registration systems and the custody of contract files.
Article 6. Trade unions help to guide workers to enter into labour contracts and monitor the establishment and implementation of labour contracts by the user units in accordance with the law. In violation of labour laws, regulations, regulations, trade unions have the right to defend the legitimate rights of workers in accordance with the law.
Chapter II
Before entering into a labour contract, workers have the right to know the relevant circumstances of the regulations of the user's units, the content of the work, labour time, labour conditions, occupational diseases, and social insurance, and the human unit should be described as true.
When recruiting workers, the user unit has the right to be informed of the relevant circumstances, such as the health of workers, knowledge skills and working experience, and the worker should make a difference.
Article 8. The user unit and the worker shall enter into a labour contract in writing before the date of work. The labour contract was signed by the worker, with the unit of the person and its statutory representative being added to the chapter.
Article 9. The labour contract shall contain the basic circumstances of the name, address and the name of the worker, sex, age, residence and resident identification number, and shall contain the following provisions:
(i) The duration of the labour contract (concluding the start date);
(ii) Work content and requirements;
(iii) Labour protection and labour conditions;
(iv) Remuneration, payment and time payments;
(v) Social security and welfare treatment;
(vi) Labour discipline;
(vii) Education and training;
(viii) Conditions for termination of labour contracts;
(ix) Responsibility for breaches of labour contracts;
(x) Law, regulations, regulations and other provisions agreed by both parties.
Article 10. The duration of the labour contract is divided into a fixed period of time, a fixed period of time and a period of completion. The duration of the contract cannot be less than 30 days at a fixed time as the terms of the labour contract.
The labour contract does not agree on the start date, with the time to be signed by the parties or chapter. The parties have signed, or have been inconsistency with the time of signature by the final party or chapter.
The contract was signed for the start of the labour relationship, and the contract was not less than six months from the date of the signing.
Article 11. The parties may agree on a probationary period in the terms of the duration of the labour contract. A reasonable amount of labour should be paid during the probationary period.
In addition to the provisions of the State, the agreed probationary period shall be implemented in accordance with the following provisions:
(i) The duration of the contract shall not exceed 15 months;
(ii) The duration of the contract shall not exceed 30 days for more than six months;
(iii) The duration of the contract shall not exceed 60 days for more than two years;
(iv) The duration of the contract shall not exceed 90 days for more than three years;
(v) The duration of the contract shall not exceed three years.
For special cases, workers have the right to request a change of contract duration or to require payment of labour compensation in accordance with the criteria for the non-exploitation period. The user unit must change the duration of the contract in a timely manner, at the request of the worker, or pay for labour compensation for the non-examination period criteria.
Article 12. The parties may agree on conservative commercial secrets in the labour contract or may enter into separate agreements on confidentiality. Commercial secrets entered the state of public information, the confidentiality clause or the confidentiality agreement were automatically invalid.
When a person's unit enters a labour contract with workers requiring conservative commercial secrets, it is possible to agree on an advance notice of the dismissal of the labour contract. The advance notice period shall not exceed six months. During this period, a person's unit has the right to take the appropriate default measures.
Article 13. Labour contracts with workers shall not be collected in any form by mortgages, bonds and other expenses, shall not be seized of the worker's resident identity cards, occupational qualifications and other documents, nor shall any provisions restricting the worker's rights.
Article 14.
(i) The consensus of the parties;
(ii) Workers during compulsory military service;
(iii) The worker is suspected of having committed an offence and is restricted by the judiciary to liberty;
(iv) Other cases provided for by law, regulations.
The suspension of the performance remains in place and the labour contract should continue.
Article 15. Labour contracts concluded by a person's unit in violation of laws, regulations and regulations or by means of fraud, coercion are invalid contracts.
Unavoidable labour contracts are confirmed by the Labour Dispute Arbitration Commission or by the People's Court. Effective labour contracts are not legally binding at the time of the conclusion. The labour contract is partially null and void and does not affect the performance of its effective part.
When the labour contract was confirmed to be null and void, the worker has been executed and the unit of the user should pay the labour compensation in accordance with the partial performance.
Chapter III Changes in labour contracts
Article 16, by consensus, may change labour contracts, with the exception of laws, regulations and regulations.
Article 17 presents a significant change in the objective circumstances, such as the law, regulations, regulations or regulations, or the operation of the enterprise, which prevents the performance of the labour contract and the parties shall modify the labour contract in accordance with the law. Prior to the change, the parties requesting changes should communicate the content in writing to the other party.
Article 18 may not be less than the time period for which the original labour contract has not been fulfilled owing to the consolidation or separation of the unit.
The change of name by a person unit does not affect the performance of the original labour contract.
Chapter IV Elimination and termination of labour contracts
Article 19 may be dismissed by consensus by the parties.
Article 20 is one of the following conditions for workers, and the unit of the person can lift the labour contract:
(i) The worker's sick or non-worker injury, which cannot be employed after the expiry of the medical period, nor may it be involved in the work of the unit of the agent.
(ii) Employers are not competent to work and are trained or adapted to work;
(iii) Significant changes in objective circumstances, such as laws, regulations, regulations or regulations that are based on the conclusion of a labour contract or the operation of the enterprise, rendering the original contract unfulfilled and, in consultation with the parties, unable to reach agreement on changes in the labour contract;
(iv) Be proved to be incompatible with the terms of reference during the probationary period;
(v) Serious violations of labour discipline;
(vi) Serious negligence, infrastructural fraud, causing significant damage to the corporate interests of the user;
(vii) Criminal responsibility is prosecuted by law.
For the reasons of subparagraphs (i) to (iii) the dismissal of labour contracts, the user unit shall notify the worker in writing 30 days in advance.
Article 21, where a person's unit is at risk of a significant difficulty during a statutory renovation or in the production of a business situation, requires a reduction in the number of personnel to be heard by a trade union or by the whole employee on 30 days in advance; and if reported to the labour and social security administration, the parties may lift the labour contract.
After the reduction of personnel in accordance with the preceding paragraph, the use of the personnel should be given priority for the use of the reduced personnel.
Paragraphs (v) to (vii) of article 20 include:
(i) Occupational illness or loss or partial loss of labour capacity due to work injury;
(ii) The illness or injury and the duration of the prescribed medical period;
(iii) Female workers during pregnancy, childbirth and breastfeeding periods;
(iv) The initial participation of demobilized, rehabilitated veterans is less than three years;
(v) Staff representatives who enter into collective contracts, within the period of labour contracts;
(vi) Other cases specified by States and provinces.
In the case provided for in subparagraph (i), the parties have agreed on matters such as compensation or security, the labour contract may terminate; there are cases set out in subparagraphs (ii) and (iii) and the duration of the labour contract and the period of completion of the work contract shall be extended by the user unit to the duration of the labour contract until the medical period, the period of pregnancy, the period of birth and the period of breastfeeding.
Article 23 should be communicated to trade unions in advance when the owner's unit is removed from the labour contract. In the opinion of the trade union, the use of a person's unit violates the agreement of law, regulations, regulations and related collective contracts, labour contracts, requires that a re-exploitation be made of the opinion of the trade union and that the results should be communicated in writing to the trade union.
Article 24, in the performance of the labour contract, the worker may submit a contract for the removal of the labour contract, but it shall be communicated in writing to the user's unit by 30 days in advance or in accordance with the advance notice period agreed upon by the labour contract.
In one of the following cases, the worker may at any time communicate the dismissal of the labour contract by the user unit:
(i) During the probationary period;
(ii) Forced labour by a person unit with the means of violence, threat or unlawful restrictions on the liberty of the person;
(iii) The user unit does not pay labour compensation or provide labour conditions in accordance with labour contracts;
(iv) The user unit did not pay social contributions to workers by law.
Prior to the dismissal of the labour contract, the user unit should pay the labour pay that the worker should pay and pay social insurance under the law.
Article 26 is in line with one of the following conditions:
(i) The duration of the labour contract;
(ii) The termination conditions agreed by the parties;
(iii) Workers meet statutory retirement conditions;
(iv) Death or death by the People's Court;
(v) Insolvency and dissolution of a person's unit under the law.
Article 27 expires until the expiration of the labour contract, the owner's unit shall notify the worker in writing of the intention to terminate or renew the labour contract in advance of 30 days, after consultation of the termination or renewal of the working contract.
More than 10 years of continuous work by the same unit of the same person, it is proposed that there be no fixed duration of the labour contract or that workers who suffer from occupational diseases, work-related injuries and are identified as having reached the disability level above at the sixth level require the continuation of the labour contract, and that the unit of the person should contract with the child.
Labour contracts are not terminated for the reasons of the user's unit and are considered to be extended to the labour contract, and the unit should continue to contract with the worker. The parties did not consult on the duration of the labour contract and the extension period was not less than six months from the date of the extension.
Article 28 dissolves or terminates the labour contract, and the owner's unit shall, within 3 days, give a written certificate of dismissal or termination of labour relations to the worker and inform him of the entitlements to unemployment insurance and other related rights.
Article 29 shall, within 7 days of the date of the dismissal or termination of the labour contract, send the list of workers removed or terminated their labour relations to the Social Insurance Agency for the filing of the relevant formalities within 30 days and pay economic compensation to workers within 15 days of the date of the completion of the relevant proceedings.
Chapter V Legal responsibility
In violation of this provision, a person's unit has not entered into a labour contract with the worker, and the labour and social security administration has been responsibly modified; the number of people who have not signed a labour contract is less fined to the unit of the agent.
Article 31 violates this provision by collecting mortgages, bonds and other costs, by the executive order of labour and social security, and by imposing a fine on the user unit in accordance with the amount of 1000 per person charged.
Article 32, in violation of the labour contract agreement, chewings, unwarranted arrears in the payment of labour payments, or the dismissal of labour contracts, which are not paid in accordance with the provisions of the relevant laws, regulations.
Article 33 Suppliers' units, where consultations have not resulted in the dismissal of workers from labour contracts by other units, have caused losses to former employees' units, which are directly liable by the workers and are charged with associated liability. Inadequate recordings caused by the provision of false evidence by the worker may be exempted from liability.
In addition to the State's provisions, the following loss of the unit of the agent should be compensated:
(i) Costs paid directly by a person's unit for the worker;
(ii) Training costs paid by the user unit for workers;
(iii) Direct economic losses caused by production, operation and work.
Article XV, in violation of this provision, constitutes penalties for the administration of justice, is governed by the relevant provisions of the National People's Republic of China Regulations on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law.
Annex VI
Article 36