1On April 7, 995, the Guangdong Provincial People's Government promulgated the Regulations on the Administration of Labor Contracts in Guangdong Province. Now I'd like to introduce the regulations on labor contracts in Guangdong Province, hoping to help you.

Chapter I General Principles

Article 1 In order to strengthen the management of labor contracts, ensure the legal effect of labor contracts, safeguard the legitimate rights and interests of employers and workers, and maintain normal production order, these Provisions are formulated in accordance with the relevant provisions of the Labor Law of People's Republic of China (PRC).

Article 2 These Provisions shall apply to the labor contracts signed by various enterprises and individual economic organizations in our province (hereinafter referred to as employers) and laborers (including foreign, stateless and Hong Kong, Macao and Taiwan laborers employed in our province, hereinafter referred to as laborers).

These Provisions shall apply to the labor contracts signed by state organs, institutions, social organizations and laborers.

Article 3 A labor contract is an agreement between an employer and an employee to establish labor relations and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.

Article 4 The conclusion, alteration, termination and dissolution of a labor contract must comply with the provisions of laws, regulations and rules.

Article 5 Labor administrative departments at all levels shall be in charge of the management of labor contracts within their respective administrative areas.

Chapter II Conclusion and Modification of Labor Contracts

Article 6 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws, regulations and rules.

After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.

Article 7 An employing unit must sign a written labor contract within 30 days when recruiting workers.

If the employing unit fails to sign a labor contract within 30 days, causing damage to the workers, it shall be liable for compensation.

Article 8 Both parties to a labor contract shall sign and seal the labor contract after reaching an agreement through consultation.

The labor contract shall take effect from the date when both parties sign the labor contract.

Article 9 A labor contract is invalid under any of the following circumstances:

(a) in violation of laws and regulations;

(2) The expression of the will of the parties is untrue, or it is concluded by means of fraud or coercion;

(three) damage to the interests of the state, the collective and the society;

(four) restrict or infringe upon the basic rights of one party, and the terms of the contract are obviously unfair.

Article 10 Invalid labor contracts are not protected by law. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part.

An invalid labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

Article 11 The laborers employed by the employing unit must be at least 16 years old and have labor rights and capacity (except those engaged in literature, art, sports and special crafts, it is really necessary to employ people under 16 years old according to the relevant regulations of the state), and those engaged in heavy physical labor or toxic and harmful operations must be at least 18 years old. Recruitment of personnel engaged in blasting and underground gas inspection in coal mines shall not be less than 20 years old.

The taboo scope of underage workers and female workers shall be implemented in accordance with state regulations.

Article 12 A labor contract shall include the following contents:

(a) the term of the contract (including the probation period);

(2) Work tasks, jobs and posts;

(3) Production and working conditions;

(4) education and training;

(5) labor discipline;

(6) Labor protection;

(7) Labor remuneration;

(8) Labor insurance benefits;

(nine) working hours and rest and vacation;

(10) Responsibility for violating the labor contract;

(eleven) the conditions for the termination of the labor contract.

In addition to the necessary clauses specified in the preceding paragraph, the parties to a labor contract may negotiate and agree on the relevant matters and other contents of keeping the business secrets of the employer.

Thirteenth labor contract text, formulated by the provincial labor administrative department. With the consent of the provincial labor administrative department, the municipal labor administrative department may formulate the local labor contract text by itself with reference to the unified text.

The text of the labor contract drawn up by the enterprise itself must be reported to the local labor administrative department for examination.

Article 14 The term of a labor contract is divided into:

(1) It has a fixed term (the term of the temporary contract shall not exceed 1 year);

(2) There is no fixed term;

(3) The deadline is to complete a task.

If the employee has worked in the same employer for more than 10 years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.

Non-fixed-term labor contracts are applicable to perennial technical posts and types of work. When signing an open-ended labor contract, the conditions for termination and dissolution of the contract must be clearly defined.

Article 15 Both parties to a labor contract may agree on a probation period, the longest of which shall not exceed 6 months. If the term of the labor contract is less than 1 year, the probation period may not be implemented.

Units that implement the full-time labor contract system may sign labor contracts such as jobs and professional counterparts with the original employees, and may not implement the probation period.

Re-employed contract workers, if they have jobs and specialties, may be exempted from the probation period.

Article 16 A labor contract may be changed under any of the following circumstances:

(a) agreed by both parties through consultation;

(2) The laws, regulations and rules on which the labor contract is concluded have been revised;

(3) The enterprise merges, stops production, changes production or is declared bankrupt according to law;

(four) because of work disability, partial loss of labor ability can not engage in the original work.

Any party requesting to change the relevant contents of the labor contract shall notify the other party in writing. The notified party shall give a reply within 15 days after receiving the notice. Failing to reply within the time limit shall be deemed as agreeing to change the labor contract.

Article 17 If the labor contract has not been changed, the employing unit shall not arrange the laborer to engage in work other than that agreed in the contract or change the laborer's post. Except in the following cases:

(1) In case of an accident or disaster, emergency repair or disaster relief is needed in time;

(two) due to production and work needs, temporary transfer of internal institutions or jobs;

(3) Other circumstances stipulated by laws, regulations and rules.

Chapter III Dissolution and Termination of Labor Contracts

Article 18 A labor contract may be dissolved after the parties to the labor contract reach an agreement through consultation.

Nineteenth in any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(2) The laborer seriously violates labor discipline or the rules and regulations of the employing unit;

(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;

(four) the employer is closed down, closed down, declared bankrupt or on the verge of bankruptcy during the period of legal rectification;

(5) The employee is sick or injured at work, and cannot engage in the original work or other work arranged by the employer after the medical treatment expires;

(six) due to changes in production and operation, technical conditions, confirmed by the labor administrative department, the employer can not adjust the placement of surplus personnel;

(seven) the termination conditions of the labor contract agreed in the labor contract appear.

Article 20 When an enterprise terminates a labor contract, it shall solicit the opinions of the trade union of the enterprise.

Article 21 If it is really necessary for the employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department before it can reduce its staff.

If the employing unit needs to recruit personnel within six months according to the provisions of this article, it shall give priority to the laid-off personnel.

Article 22 If the employing unit terminates the labor contract in accordance with the provisions of Article 18, Item (4), (5), (6) and (7) of Article 19 and Article 21, it shall give the laborer economic compensation in accordance with the relevant provisions of the state.

Article 23 A laborer may terminate the labor contract under any of the following circumstances:

(1) is in the probation period;

(two) confirmed by the relevant state departments, the employer's labor safety and health conditions are bad, which seriously endangers the health of workers;

(three) the employer fails to perform the provisions of the labor contract, or violates laws, regulations and rules, and infringes upon the legitimate rights and interests of workers;

(four) the employer fails to pay the remuneration according to the provisions of the labor contract, and deducts or delays the payment of wages without reason;

(five) with the consent of the employer, he was admitted to a secondary school or above at his own expense;

(six) in accordance with the relevant provisions of the state and our province, the transfer of work units;

(7) Employees who study abroad at their own expense and settle abroad;

(eight) laws, regulations and rules provide that workers can terminate the labor contract.

Twenty-fourth workers were dismissed, removed, expelled, reeducation through labor or sentenced, the labor contract is automatically terminated.

Twenty-fifth in any of the following circumstances, the employer shall not terminate the labor contract:

(a) the term of the labor contract is not full, and it does not meet the provisions of Articles 18, 19 and 21;

(2) The employee is hospitalized by a hospital at or above the county level within the prescribed medical treatment period or after the medical treatment period expires;

(3) The laborer suffers from occupational diseases or work-related injuries and is confirmed by the labor appraisal committee to have lost or partially lost the ability to work;

(four) female workers during pregnancy, childbirth and lactation (except as otherwise provided by the state);

(5) The laborer is enjoying legal leave and family leave.

Article 26. Either party must notify the other party in writing 30 days in advance to terminate the labor contract (except items (1), (2) and (3) of Article 19 and items (2), (3) and (4) of Article 23).

If the employer fails to notify the employee 30 days in advance, it shall pay the employee the compensation of the average monthly salary of the current year 1 month.

Article 27 A labor contract shall be terminated under any of the following circumstances:

(1) The term of the labor contract expires;

(2) The tasks agreed in the labor contract have been completed;

(3) The termination conditions stipulated in the labor contract with no fixed term appear;

(4) The enterprise is closed down or declared bankrupt according to law;

(5) The labor dispute arbitration committee decides to terminate the contract;

(six) the termination of the contract as otherwise stipulated by laws, regulations and rules.

Twenty-eighth after the expiration of the labor contract, it is really necessary to retain the labor contract, and the labor contract can be signed again with the consent of both parties.

Article 29 If the labor contract expires or the tasks agreed in the labor contract have been completed, the employing unit shall pay the laborer a one-time living allowance in accordance with the regulations.

Thirtieth living allowance payment standard is calculated according to the working years of employees in this unit, and the average monthly salary is paid to employees every year 1 month; If it is less than 1 year after half a year, it shall be counted as 1 year; Less than half a year, the average monthly salary of half a month.

The average monthly salary is calculated according to the average monthly salary of employees in the three months before the termination of the labor contract.

Chapter IV Collective Contracts

Article 31 employees of an enterprise may sign collective contracts with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, etc. The collective contract scheme shall be submitted to the workers' congress or all the workers for discussion and adoption.

Collective contracts are signed by trade unions on behalf of employees and enterprises; Enterprises that have not established trade unions shall be signed by the representatives elected by the employees.

The maximum term of a collective contract shall not exceed 3 years.

Thirty-second collective contracts shall be submitted to the labor administrative department for examination within 7 days after signing; If the labor administrative department does not raise any objection within 15 days from the date of receiving the text of the collective contract, the collective contract will take effect.

Article 33 Collective contracts signed according to law are binding on enterprises and all employees of enterprises. The working conditions and remuneration standards in the labor contract concluded between individual employees and enterprises shall not be lower than those stipulated in the collective contract.

Thirty-fourth disputes arising from the signing of a collective contract, the parties can not be resolved through consultation, the local labor administrative department can organize relevant parties to coordinate the handling.

Disputes arising from the performance of the collective contract, if the parties fail to resolve through consultation, may apply to the labor dispute arbitration committee for arbitration; If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

Chapter V Verification of Labor Contracts

Article 35 labor contract verification is an administrative supervision and service measure for the labor administrative department to examine and prove the authenticity and legality of labor contracts according to law.

After the labor contract is signed and sealed by both parties, the labor administrative department shall handle the verification.

Thirty-sixth labor administrative departments at all levels should be equipped with specialized personnel to be responsible for the verification of labor contracts.

Article 37 The parties to a labor contract shall provide the following materials for verification:

(a) the labor contract in triplicate;

(two) the identity certificate of the parties to the labor contract, and the qualification certificate of the legal representative or entrusted agent;

(3) Other supporting materials related to the labor contract.

Thirty-eighth labor contract verification includes the following contents:

(a) whether the parties to a labor contract are qualified to sign a labor contract;

(two) whether the contents of the labor contract comply with the provisions of laws, regulations and rules;

(three) whether the terms of the labor contract are complete, whether the rights and obligations of both parties are clear, and whether the written expression is accurate;

(4) Whether the contract format is standardized;

(5) Whether the parties' liabilities for breach of contract are legal and reasonable;

(six) whether the procedures for concluding a labor contract are in accordance with the provisions, and whether the expressions of will of both parties are true.

Article 39 After the labor contract is audited, it shall be signed by the auditor, stamped with the special seal for the audit of the labor contract, marked with the date of audit and numbered uniformly.

Fortieth for the verification of labor contracts, the verification fee shall be paid, and 5 yuan shall be charged for each verification of a labor contract.

Chapter VI Liability for Breach of Labor Contract

Article 41 If a labor contract cannot be performed or fully performed due to the fault of one party, the party at fault shall bear the liability for breach of contract; If losses are caused to the other party, it must be liable for compensation; If both parties are at fault, they shall bear their respective liabilities for breach of contract.

Article 42 Under the following circumstances, the parties may be exempted from the responsibility for violating the labor contract:

(1) Violating the labor contract due to force majeure;

(two) the parties agreed in the labor contract not to assume responsibility, and in accordance with the provisions of laws, regulations and rules.

Article 43 If the employing unit or employee terminates the labor contract in violation of laws, regulations and rules, the employing unit must continue to perform the contract after the award of the labor dispute arbitration commission, and reissue all the wages, bonuses and labor insurance benefits of the employee from the date of termination to the date of re-performance of the labor contract; The laborer must return to the original employer to continue to perform the labor contract, and

Compensation for economic losses caused.

Article 44 If a laborer leaves his post for more than 15 days without justifiable reasons listed in Article 23 of these Provisions, and the labor contract is terminated, the employer shall not pay the living allowance upon the determination of the labor dispute arbitration committee.

Forty-fifth labor disputes arising from the performance of the labor contract, both parties may apply to the enterprise labor dispute mediation committee for mediation. If one party is unwilling to mediate or mediation fails, it may apply to the local labor dispute arbitration committee for arbitration. If a party refuses to accept the arbitration, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration decision.

Chapter VII Labor Contract Management Organs

Article 46 The labor administrative department is the administrative organ of the labor contract, and its main responsibilities are:

(1) Formulating standardized labor contract texts;

(two) to guide the conclusion, alteration, termination and dissolution of labor contracts;

(3) Handling labor contract verification;

(four) to provide consulting services for both parties to the labor contract;

(five) to inspect and supervise the performance of labor contracts by both parties to labor relations;

(six) to carry out publicity and education on labor laws and regulations;

(seven) other relevant duties as prescribed by laws, regulations and rules.

Article 47 Labor contract management follows the principle of combining hierarchical jurisdiction with regional jurisdiction.

The provincial labor administrative department is responsible for guiding and supervising the management of labor contracts in the province, and specifically managing the labor contracts of foreign employees used by the central, military and provincial units stationed in Guangzhou.

The specific division of labor and jurisdiction of the labor administrative department of the city and county (District) shall be determined by the Municipal People's Government according to the actual situation.

Township labor management agencies are responsible for the labor contract management of township-owned employers, village-run enterprises and joint ventures.

The labor contracts of the central, military, provincial and provincial units stationed in Guangdong (except as otherwise provided by the province) shall be managed by the labor administrative department where the employer is located.

Article 48 The competent department of the employing unit shall designate specialized agencies or personnel to guide and supervise the labor contract management of its subordinate units.

Chapter VIII Punishment Rules

Forty-ninth employers and individuals who violate the provisions of the labor contract management shall be punished by the labor administrative department at or above the county level according to the relevant provisions of the state and our province.

Article 50 The liquidated damages, compensation and fines paid by the employing unit shall be included in the retained profits after tax.

Chapter IX Supplementary Provisions

Fifty-first cities can formulate implementation measures according to these regulations, and report to the provincial labor department for the record.

Article 52 These Provisions shall come into force as of May 2005 1995.

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