Implementing Regulations of the Labor Contract Law of the People's Republic of China
Implementing Regulations of the Labor Contract Law of the People's Republic of China
Implementing Regulations of the Labor Contract Law of the People's Republic of China
Order of the State Council No. 535
September 18, 2008
The Implementing Regulations of the Labor Contract Law of the People's Republic of China adopted at the 25th executive meeting of the State Council on September 3, 2008, are hereby promulgated and shall come into force from the date of promulgation.
Prime Minister: Wen Jiabao
Implementing Regulations of the Labor Contract Law of the People's Republic of China
Chapter One General Provisions
Article 1 These Regulations are formulated to thoroughly implement the Labor Contract Law of the People's Republic of China (hereinafter referred to as "Labor Contract Law").
Article 2 People's governments at various levels and relevant departments of the people's governments at or above the county level including the labor administrative departments as well as labor unions shall adopt proper measures to facilitate the thorough implementation of the Labor Contract Law and promote a harmonious labor relationship.
Article 3 Partnerships and foundations such as accounting firms and law firms that are lawfully established belong to the employing units provided in the Labor Contract Law.
Chapter Two Formation of Labor Contract
Article 4 Where a branch established by an employing unit prescribed in the Labor Contract Law obtains its business license or registration certificate in accordance with the law, the branch may conclude a labor contract with its workers in the capacity of an employing unit. Where the business license or registration certificate has not yet been obtained in accordance with the law, the branch may conclude a labor contract with its workers with the authorization of the employing unit.
Article 6 Where an employing unit fails to conclude a written labor contract with a worker within the period of more than one month but less than one year of use of labor services, the employing unit shall pay two times of monthly wages to such worker in accordance with Article 82 of the Labor Contract Law, and conclude a labor contract with the worker. Where the worker fails to conclude a written labor contract with the employing unit, the employing unit shall terminate the labor relationship with the worker in writing and pay economic compensation in accordance with
Article 47 of the Labor Contract Law.
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