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Press Center Labor Contract Law | Labor Contract Law |
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| Written by Lynn Sum | ||||||||
| 2008-07-29 | ||||||||
Page 4 of 6 Article 15 An “employment contract with a term to expire upon completion of a certain job” is an employment contract in which the Employer and the Employee have agreed that the completion of a certain job is the term of the contract. An Employer and a Employee may, upon reaching a negotiated consensus, conclude an employment contract with a term to expire upon completion of a certain job. Article 16 An employment contract shall become effective when the Employer and the Employee have reached a negotiated consensus thereon and each of them has signed or sealed the text of such contract. The Employer and the Employee shall each hold one copy of the employment contract. Article 17 An employment contract shall specify the following matters: (1) The name, domicile and legal representative or main person in charge of the Employer; (2) The name, domicile and number of the resident ID card or other valid identity document of the Employee; (3) The term of the employment contract; (4) The job des cription and the place of work; (5) Working hours, rest and leave; (6) Labor compensation; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; and (9) Other matters which laws and statutes require to be included in employment contracts. In addition to the requisite terms mentioned above, an Employer and a Employee may agree to stipulate other matters in the employment contract, such as probation period, training, confidentiality, supplementary insurance and benefits, etc. Article 18 If a dispute arises due to the fact that the rate or standards for labor compensation or working conditions, etc. are not explicitly specified in the employment contract, the Employer and the Employee may renegotiate. If the negotiations are unsuccessful, the provisions of the collective contract shall apply. If there is no collective contract or the collective contract is silent on the issue of labor compensation, equal pay shall be given for equal work; if there is no collective contract or the collective contract is silent on the issue of working conditions, the relevant regulations of the state shall apply. Article 19 If an employment contract has a term of not less than three months but less than one year, the probation |
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| Last Updated ( 2008-07-31 ) | ||||||||
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