Provisions On Administration Of Zhengzhou Municipality On Labor Contracts

Original Language Title: 郑州市劳动合同管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(December 20, 2002, Zhengzhou city people's Government, the 23rd Executive meeting on December 27, 2002 released Zhengzhou municipal people's Government, the 116th) Chapter I General provisions article I to protect the legitimate rights and interests of workers and employers, regulating labor relations, according to the People's Republic of China labour law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Article within the administrative area of the city of all kinds of enterprises, privately-run non-enterprise unit, individual economic organizations (hereinafter referred to as the employer) and formed labour relations worker, shall comply with this regulation.
    State organs, institutions, social organizations, in the implementation of staffing management personnel does not apply this provision, without management personnel, these provisions shall apply.
    Third employment contract is the employer and the employee to establish labor relations, specify the rights and obligations of both parties of the agreement.
    Establishment of an employment relationship shall enter into a written contract.
    Fourth, administrative departments of labor security supervision and management work of the municipality on labor contracts.
    The County (City), the administrative departments of labor security in accordance with the administrative authority responsible for supervision and administration of labor contract within their respective administrative areas.
    Fifth section, change the labor contract shall follow the principle of equality, voluntariness and unanimity and legitimacy, must not harm the social and public interests.
    Sixth trade unions at all levels shall safeguard the legitimate rights and interests of workers, supervise the implementation of these provisions by the employing units.
    Chapter II conclusion of employment contract article seventh an employer who employs workers shall conclude labor contracts with the workers.
    Labour contract shall include the following information: (a) the term of the labor contract, (ii) and (iii) labour protection and working conditions, (iv) labour discipline; (e) the remuneration, social security and welfare (vi) working hours, rest and leave; (g) the conditions for termination of the labor contract, (VIII) liability for breach of contract.
    Apart from the content of the provisions of the preceding paragraph, the employer and workers can also be specified in the employment contract of probationary period, commercial confidentiality, training of workers and employers within the allowances, subsidies, welfare benefits and other matters.
    Article eighth labor contract agreed to probation, the probation period should be included within the term of the labor contract and remuneration within an agreed trial period.
    Agreed of probation should meet following provides: (a) labor contract term discontent 6 months of, probation not over 15th; (ii) labor contract term in 6 months above discontent 1 years of, probation shall not over 30th; (three) labor contract term in 1 years above discontent 2 years of, probation shall not over 60 day; (four) labor contract term in 2 years above of, probation shall not over 6 months. Nineth labor contract workers, employees, shall not be less than the minimum wage.
    Employer not the employee labor contracts or labor contract of no wages, employer should annual average wage of fully employed staff on terms no less favourable than the city pays a salary.
    Tenth in labour contracts with workers, the employer shall not be required, fund raising, investment shall not collect mortgage payments, mortgage, or other property to the employee shall not be detained workers ' ID card, education certificate, qualifications and other relevant documents.
    11th the labor contract shall be written in Chinese. Labor contracts with the workers of enterprises with foreign investment, foreign language can also be used, but the Chinese translation must be attached.
    When labour disputes arise, the Chinese version shall prevail. 12th the conclusion of labour contracts, the employer shall affix a seal and legal representative of the employer, person in charge or its authorized agent shall sign the contract with a worker.
    , Responsible person of the legal representative of the employer or his agent has not been signed, does not affect the validity of the labor contract.
    Two copies of employment contracts, the employer and the employee shall each hold one copy.
    13th labour lawfully entered into a contract that is legally binding, the employer and the worker must perform the obligations stipulated in the labor contract.
    14th expiration of a labor contract, negotiated by the parties concerned, may renew labor contracts and handle the renewal procedures.
    Employer not the employee for termination or renewal of labor contracts procedures, workers continue to work for the employer, as agreed in the original contract terms continue to perform.
    Chapter III implementation of the labor contract 15th during the implementation of a labor contract, change of name, legal representative of the employer or the person in charge, without prejudice to the implementation of the labor contract.
    16th article by consensus by the employer and the employee, may change, terminate, termination of labor contract.
    17th article has following case one of, led original labor contract part terms cannot perform of, can change labor contract of corresponding terms: (a) employing units production, and adjustment production task of; (ii) employing units internal organization institutions occurred changes of; (three) workers for disease, and disability, reasons caused labor capacity occurred major changes of; (four) labor contract made by according to of legal, and regulations, and regulations and policy has modified of; (five) law can change of other case.
    Revision of labour contracts shall be in writing and shall record the details of any change in, the date, the employer and the employee shall sign or seal.
    18th during a labor contract is performed, the employer due to separation, merger, restructuring, restructuring or mergers and other reasons the original labor contract cannot be fulfilled, separation, consolidation, restructuring, reorganization or merger of the employer, shall conclude labor contracts with the workers to change or have another new term of the labor contract, shall not be less than the original term of the labor contract is to perform.
    Employers appear as provided in the preceding paragraph, requested by the employee proposes to terminate the contract, the employer should be allowed to, and shall not attach other conditions.
    19th employee suspected of illegal restriction of personal freedom by the relevant authorities, during the restriction of personal freedom of employers in workers, it can be temporarily suspended implementation of the labor contract.
    During the suspension of the performance of such contract, the employer does not assume obligations stipulated in the labor contract.
    20th 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 of; (ii) workers cannot competent work, by training or adjustment work post, still cannot competent work of; (three) legal, and regulations, and regulations provides of other case.
    21st workers have one of the following circumstances, the employer may notify the worker terminates the labor contract: (a) during the trial period proved to be in line with the conditions of employment, (ii) seriously violated labour discipline or regulations of the employer, and (iii) serious dereliction of duty, jobbery causes serious damage to the interests of the employer, (iv) or be held criminally responsible by reeducation-through-labor.
    22nd during the labor contract is performed, the employing unit caused by workers not working, the employer fails to terminate the labor contract, the employer shall, from the date on which the employee does not work on a monthly basis to pay the workers not living below the lowest living guarantee gold.
    23rd the employer bankrupt statutory consolidation period or serious difficulties in production and management, in line with the state-mandated layoff conditions, it needs to reduce its personnel should be 30th in advance to the Trade Union or all of its staff to explain the situation, opinions heard, downsizing, and submitted to the labor and social security administration departments.
    24th article workers has following case one of of, employing units shall not according to this provides 20th article, and 23rd article of provides lifted labor contract: (a) patient occupational or for workers wounded and was confirmed lost or part lost labor capacity of; (ii) sick or non-for workers wounded, in provides of medical period within of; (three) female workers in pregnancy, and perinatal, and lactation within of; (four) legal, and administrative regulations provides of other case.
    25th employee labor contracts should be 30th in advance written notice to the employer.
    Any of the following circumstances, the worker may notify the employer terminates the labor contract: (a) during the trial period, (ii) the employer by means of violence, intimidation or illegal restriction of personal freedom of forced labour, (iii) the employer fails to pay remuneration or provide the working conditions as stipulated in the labor contract and (iv) other circumstances as stipulated by laws and regulations.
    According to the provisions of the preceding paragraph termination of labor contracts, workers have provided labor, the employing unit shall, according to the labor contract agreed to pay standards, appropriate remuneration to the workers.
    26th article has following case one of of, labor contract terminated: (a) labor contract expires of; (ii) workers and employing units agreed of labor contract terminated conditions appeared of; (three) workers meet statutory retired, and former conditions and handle retired, and former procedures of; (four) workers death or was court law declared missing, and death of; (five) legal, and regulations provides of other case.
    Employer bankruptcy, dissolution or cancellation, cancellation, after the termination of employment contracts, the employer shall, in accordance with the relevant provisions of the worker for rehousing or compensation.
    27th the labor contract law of rescission, termination, require proof of dissolution or termination of labor relations of the workers, the employer shall be issued.
    28th the employer according to the 16th, 20th, 23rd, termination of labor contract shall, in accordance with relevant regulations of the State, province, pay financial compensation to workers. Employers or workers in breach of the provisions of the employment contract, or for violating the labor contract agreement, damage caused to the other party, shall, in accordance with the relevant provisions for compensation.

    Article 29th labor contracts labor dispute arbitration committee or the people's Court according to law recognized as invalid, workers have paid the normal work in the labour contract, the employer shall pay the corresponding remuneration to the employee.
    Fourth administrative departments of labor security supervision and 30th article, employers of the authorities and relevant departments of the employer should be concluded according to law, fulfilment of contract supervision, guidance and inspection.
    31st through labor administrative departments of labor security supervision, labor contract certification work, guide and supervise the establishment and perfection of the labor contract system, discover and correct illegal and inappropriate labor contracts.
    32nd the employer and the employee labor contracts, you can use rich text provided by the administrative departments of labor security, you can also use the employer made the labor contract. Employer made the labor contract shall be submitted to the administrative departments of labor security.
    Homemade labor contract workers and employers understand articles dispute arises, and shall be interpreted in accordance with common sense; a self-made labor contract terms to understand there are two defined above should be made for interpretation in favour of workers.
    33rd the employer shall establish a labor contract, account, record the employer all the workers, renewal, termination, termination of labor contracts. The employer shall establish a labor contract for workers, records employee is my conclusion, alteration, renewal, termination, termination of labor contracts.
    Labor contract each one card, termination of labor contracts, with together my archives transfer of employees.
    Article 34th employers and workers of labor disputes arising from contract, in accordance with the provisions of laws and regulations concerning labor disputes.
    Fifth chapter penalty is 35th article violation this provides has following behavior one of of, by labor guarantees administrative sector ordered deadline corrected; late not corrected of, in accordance with following provides sentenced fine: (a) violation this provides tenth article provides of, on employing units sentenced 5000 Yuan above 10000 Yuan following fine; (ii) violation this provides 27th article provides of, on employing units sentenced 1000 Yuan fine; (three) violation this provides 33rd article provides of, on employing units sentenced 3000 Yuan following fine.
    Article 36th other acts in violation of these rules, other laws, rules and regulations shall be punished by the relevant departments in accordance with the provisions of the relevant laws, rules and regulations.
    Sixth chapter supplementary articles article 37th collective agreements and wage agreements conclusion and performance of the enterprise, in accordance with the provisions of relevant laws, rules and regulations.
                                                                                      38th article of the rules take effect on March 1, 2003.