Regulations of Anhui Province on Labor Contracts
Regulations of Anhui Province on Labor Contracts
[Lexis China Comments]
According to the Decision of the Standing Committee of the Anhui Provincial People's Congress on Amending and Repealing Certain Local Laws (Announcement of the Standing Committee of the 14th Anhui Provincial People's Congress No. 40), this document has been repealed.
Regulations of Anhui Province on Labor Contracts
Announcement of the Standing Committee of the People's Congress of Anhui Province [2004] No. 11
February 20,2004
The Regulations of Anhui Province on Labor Contracts have been adopted at the Eighth Session of the Standing Committee of the Tenth People's Congress of Anhui Province on Feb. 20th 2004, and became effective as of May 1, 2004.
Appendix: Regulations of Anhui Province on Labor Contracts
Chapter I General Provisions
Article 1 The Regulations herein are formulated according to the Labor Law of the People's Republic of China and relevant laws and administrative regulations in light of the actual circumstances of the Province for the purpose of readjusting the labor relationships, and safeguarding the legal rights and interests of parties of labor contracts.
Article 2 The Regulations shall apply where any enterprise, individual industrial and commercial entity, non-enterprise unit founded by civilians, state organ, public institution, social group and any other employing unit within the administrative region of the Province (hereinafter referred to collectively as the "Employing Unit") forms or establishes a labor contract relationship with any laborer.
Article 3 A labor contract is an agreement that establishes a labor relationship between a laborer and an Employing Unit and defines the rights and obligations of both parties. Except where otherwise provided by laws and regulations, a written labor contract shall be entered for the establishment of a labor relationship.
Article 4 The establishment and revision of a labor contract shall be carried out under the principle of equality, voluntariness, accord via negotiations, honesty and creditability. The establishment, execution, revision, cancellation and termination of a labor contract shall not breach any provision in laws and regulations.
Article 5 The administrative department for labor insurance of a people's government above the county level shall be responsible for the supervision and administration of the execution of the labor contract system within its administrative region. The relevant administrative departments shall, according to their respective duties and responsibilities, carry out effective supervision over the execution of the labor contract system.
Article 6 A labor union shall, in accordance with laws, provide instructions and assistance regarding labor contracts to laborers, and shall have the right to require disposal where an Employing Unit infringes on the legal rights and interests of laborers in breach of any provision in the Regulations.
Corporate associations, associations of industry and commerce and other social groups and mass people groups shall press an Employing Unit to enter a labor contract with its laborer and execute the labor contract.
Chapter II Establishment of Labor Contracts
Article 7 Prior to the establishment of a labor contract, the laborer shall have the right to be aware of the regulatory systems, labor conditions, labor remunerations and other information of the Employing Unit, and the Employing Unit shall give truthful representations and provide relevant materials. For any position that may cause an occupational disease or any other hazard, the Employing Unit shall execute its obligation for truthful information revelation to the laborer. Where required so by the Employing Unit, the laborer shall state his/her citizen identity, health conditions, knowledge, skills, work experiences and other information in a truthful manner, and shall provide relevant materials.
Article 8 The text of a labor contract may be provided by the Employing Unit or prepared jointly by the Employing Unit and the laborer. It is encouraged to use standard texts in labor contracts. A labor contract shall be written in the Chinese language, and may be written both in the Chinese language and a foreign language where necessary. Where there is any discrepancy between the foreign language text and Chinese language text of a labor contract, the Chinese language text shall prevail. The laborer, and the legal person, person in charge or his/her proxy of the Employing Unit shall sign and seal the labor contract, on which the date shall be indicated expressly. One copy of the labor contract shall be kept respectively by the laborer and the Employing Unit.
Article 9 An Employing Unit shall not force any laborer to collect funds or become a shareholder, shall not demand any property from a laborer for guarantee, shall not withhold any certificate of a laborer, and shall not collect any training fee, labor uniform fee or any other fee.
Article 10 On a labor contract it shall be stated expressly the name and address of the Employing Unit, the name, gender, age and identity card number of the laborer, as well as terms with the following contents;
1. The period of the labor contract;
2. Working contents and working time;
3. Labor protection and labor conditions;
4. Labor remuneration;
5. Social insurances;
6. Labor disciplines;
7. Conditions for the termination of the labor contract;
8. Liability for breach of the labor contract.
Except for the above specified contents, both parties may include in the labor contract agreements on professional skill trainings and non-disclosure of business secrets.
Article 11 A labor contract shall become effective on the date it is signed and sealed by both parties. Where there is any otherwise agreement between the parties on the date and conditions of the validation of a labor contract, the agreement shall prevail.
Article 12 Parties of a labor contract may discuss with each other to agree on a probation period according to the skill requirements of a position, but at maximum the probation period shall not exceed 6 months and shall be included within the period of the labor contract.
......
According to the Decision of the Standing Committee of the Anhui Provincial People's Congress on Amending and Repealing Certain Local Laws (Announcement of the Standing Committee of the 14th Anhui Provincial People's Congress No. 40), this document has been repealed.
Regulations of Anhui Province on Labor Contracts
Announcement of the Standing Committee of the People's Congress of Anhui Province [2004] No. 11
February 20,2004
The Regulations of Anhui Province on Labor Contracts have been adopted at the Eighth Session of the Standing Committee of the Tenth People's Congress of Anhui Province on Feb. 20th 2004, and became effective as of May 1, 2004.
Appendix: Regulations of Anhui Province on Labor Contracts
Chapter I General Provisions
Article 1 The Regulations herein are formulated according to the Labor Law of the People's Republic of China and relevant laws and administrative regulations in light of the actual circumstances of the Province for the purpose of readjusting the labor relationships, and safeguarding the legal rights and interests of parties of labor contracts.
Article 2 The Regulations shall apply where any enterprise, individual industrial and commercial entity, non-enterprise unit founded by civilians, state organ, public institution, social group and any other employing unit within the administrative region of the Province (hereinafter referred to collectively as the "Employing Unit") forms or establishes a labor contract relationship with any laborer.
Article 3 A labor contract is an agreement that establishes a labor relationship between a laborer and an Employing Unit and defines the rights and obligations of both parties. Except where otherwise provided by laws and regulations, a written labor contract shall be entered for the establishment of a labor relationship.
Article 4 The establishment and revision of a labor contract shall be carried out under the principle of equality, voluntariness, accord via negotiations, honesty and creditability. The establishment, execution, revision, cancellation and termination of a labor contract shall not breach any provision in laws and regulations.
Article 5 The administrative department for labor insurance of a people's government above the county level shall be responsible for the supervision and administration of the execution of the labor contract system within its administrative region. The relevant administrative departments shall, according to their respective duties and responsibilities, carry out effective supervision over the execution of the labor contract system.
Article 6 A labor union shall, in accordance with laws, provide instructions and assistance regarding labor contracts to laborers, and shall have the right to require disposal where an Employing Unit infringes on the legal rights and interests of laborers in breach of any provision in the Regulations.
Corporate associations, associations of industry and commerce and other social groups and mass people groups shall press an Employing Unit to enter a labor contract with its laborer and execute the labor contract.
Chapter II Establishment of Labor Contracts
Article 7 Prior to the establishment of a labor contract, the laborer shall have the right to be aware of the regulatory systems, labor conditions, labor remunerations and other information of the Employing Unit, and the Employing Unit shall give truthful representations and provide relevant materials. For any position that may cause an occupational disease or any other hazard, the Employing Unit shall execute its obligation for truthful information revelation to the laborer. Where required so by the Employing Unit, the laborer shall state his/her citizen identity, health conditions, knowledge, skills, work experiences and other information in a truthful manner, and shall provide relevant materials.
Article 8 The text of a labor contract may be provided by the Employing Unit or prepared jointly by the Employing Unit and the laborer. It is encouraged to use standard texts in labor contracts. A labor contract shall be written in the Chinese language, and may be written both in the Chinese language and a foreign language where necessary. Where there is any discrepancy between the foreign language text and Chinese language text of a labor contract, the Chinese language text shall prevail. The laborer, and the legal person, person in charge or his/her proxy of the Employing Unit shall sign and seal the labor contract, on which the date shall be indicated expressly. One copy of the labor contract shall be kept respectively by the laborer and the Employing Unit.
Article 9 An Employing Unit shall not force any laborer to collect funds or become a shareholder, shall not demand any property from a laborer for guarantee, shall not withhold any certificate of a laborer, and shall not collect any training fee, labor uniform fee or any other fee.
Article 10 On a labor contract it shall be stated expressly the name and address of the Employing Unit, the name, gender, age and identity card number of the laborer, as well as terms with the following contents;
1. The period of the labor contract;
2. Working contents and working time;
3. Labor protection and labor conditions;
4. Labor remuneration;
5. Social insurances;
6. Labor disciplines;
7. Conditions for the termination of the labor contract;
8. Liability for breach of the labor contract.
Except for the above specified contents, both parties may include in the labor contract agreements on professional skill trainings and non-disclosure of business secrets.
Article 11 A labor contract shall become effective on the date it is signed and sealed by both parties. Where there is any otherwise agreement between the parties on the date and conditions of the validation of a labor contract, the agreement shall prevail.
Article 12 Parties of a labor contract may discuss with each other to agree on a probation period according to the skill requirements of a position, but at maximum the probation period shall not exceed 6 months and shall be included within the period of the labor contract.
......