Labor Contract Regulations of Jiangsu Province (Revised in 2013)

Labor Contract Regulations of Jiangsu Province (Revised in 2013)

Announcement of the Standing Committee of the Jiangsu Provincial People's Congress No.124

January 15, 2013

The Labor Contract Regulations of Jiangsu Province adopted, after being revised, on January 15, 2013 at the 32nd meeting of the Standing Committee of the 11th Jiangsu Provincial People's Congress are hereby promulgated and come into force on May 1, 2013.

Labor Contract Regulations of Jiangsu Province

(Adopted at the sixth meeting of the Standing Committee of the 10th Jiangsu Provincial People's Congress on October 25, 2003 and amended at the 32nd meeting of the Standing Committee of the 11th Jiangsu Provincial People's Congress on January 15, 2013)

Chapter I General Provisions

Article 1 For the purposes of improving the labor contract system, defining the rights and obligations of the parties to a labor contract, maintaining the legitimate rights and interests of the laborers, regulating the administration of use of labor services and building and developing the harmonious labor relationship, these Regulations are formulated in accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Implementing Rules for the Labor Contract Law of the People's Republic of China and other laws and regulations and in combination with the actual situation of Jiangsu province.

Article 2 These Regulations apply to the establishment of labor relationship, and the conclusion, performance, change, rescission or termination of labor contract, between organizations such as enterprises, individually-owned economic organizations, and civil non-enterprise entities (hereinafter referred to as the "Employer(s)") within the administrative area of Jiangsu Province and the laborers.
Foundations, accounting firms, law firms and other organizations that are legally established fall within the Employers as provided in the preceding paragraph.
These Regulations also apply to the conclusion, performance, change, rescission or termination of labor contract between State organs, public institutions and social entities and the laborers with whom they establish a labor relationship.

Article 3 A labor contract refers to the agreement between the laborer and the Employer that defines the rights and obligations of the parties to the labor relationship.
A written labor contract shall be concluded when the Employer and the laborer establish the labor relationship.

Article 4 The Employer shall safeguard the personal dignity, safety and health, and the rights to obtain labor remuneration and participate in democratic management, etc. of the laborers, and may not formulate rules and regulations to exempt the Employer from liability, impose greater liability to the laborer or preclude the legitimate rights of the laborer.
The laborers shall obey the rules and regulations legally formulated by the Employer, and exercise their rights and perform their obligations in accordance with the provisions of labor laws and regulations and the provisions in the collective contract and labor contract, and may not jeopardize the legitimate rights and interests of the Employer.
When legally formulating, revising or deciding rules, regulations or important matters that are directly related to the close interests of the laborers, the Employer shall actively and truthfully notify the laborers of the same, or announce the same by bulletin board, written notice, email, its website or other means as may be convenient for the laborers to know the same.

Article 5 Local people's governments at the county level or above shall take maintaining and facilitating the harmonious stability of the labor relationship as important duties and responsibilities, extensively listen to the opinions from the Employers, laborers, trade union organizations, Employer representative organizations and other relevant aspects, and study and formulate policies and measures involving labor relationship.

Article 6 The labor administrative departments of the local people's governments at the county level or above shall be responsible for guiding, coordinating, managing, supervising and inspecting the implementation of the labor contract system within their administrative areas, legally coordinate labor relationship and properly handle the labor disputes.
The basic-level organizations of public services such as labor, employment and social security shall assist in well completing the relevant work in relation to the implementation of the labor contract system within their administrative areas.

Article 7 The labor administrative departments of the local people's governments at the county level or above shall, together with the trade unions and Employer representative organizations, form the labor relationship committee to coordinate in dealing with any important issue in the labor relationship.

Article 8 Trade unions shall legally maintain the legitimate rights and interests of the laborers, and supervise the situation of compliance with labor laws and regulations, formulation of labor rules and regulations and performance of the labor contracts and collective contracts by the Employers.

Article 9 The communist youth leagues, women's federations, federations of disable persons and other social organizations shall promote the equal employment work, eliminate employment discrimination and maintain the legitimate rights and interests of laborers.

Article 10 The local people's governments at the county level or above shall commend the Employers and individuals that comply with the labor laws and regulations and build up harmonious labor relationship as a model.

Chapter II Conclusion of Labor Contracts

Article 11 When recruiting laborers, the Employer shall truthfully notify the laborer about the work content, position requirements, place of work, work hours, labor remuneration, occupational hazards and labor conditions, etc. in connection with the labor contract. In case of positions that may produce occupational hazards, the Employer shall also notify the laborer about the occupational disease prevention measures and treatments as well as other contents, and write the same in the labor contract.
The laborer shall, pursuant to the requirements of the Employer, truthfully state his/her situation on employment status, health conditions and non-competition restriction in direction connection with the labor contract, and truthfully provide his or her resident identity, education background, work experience and occupational skills.

Article 12 A labor contract becomes effective upon being signed or sealed on the text thereof by the Employer and the laborer by consensus.
Where the labor contract is written in both Chinese and English, the contractual content thereof shall be consistent; and in case of any inconsistency, the Chinese version shall prevail.
The Employer and the laborer shall each hold one copy of the labor contract. The Employer shall within five working days upon the date of conclusion of the labor contract deliver one copy of labor contract to the laborer, and may not withhold the copy of labor contract.

Article 13 The Employer establishes the labor relationship with the laborer from the date of use of labor services of the labor.
Where the Employer arranges the laborer to participate in the pre-job training and study, the labor relationship shall be established on the date of participation of such training or study by the laborer.

Article 14 Where the persons who are taken a long vocation due to suspension of operation by the employing enterprise, persons who retire or rest under the statutory age for retirement, or other persons who are off-duty but with labor relationship maintained upon negotiation, simultaneously establish labor relationship with new Employer to engage in full-time work, they shall notify the new Employer about the situation of their maintenance of labor relationship with the original Employer.
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