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中华人民共和国劳动合同法 Labor Contract Law of the People's Republic of China
第四十一条 有下列情形之一，需要裁减人员二十人以上或者裁减不足二十人但占企业职工总数百分之十以上的，用人单位提前三十日向工会或者全体职工说明情况，听取工会或者职工的意见后，裁减人员方案经向劳动行政部门报告，可以裁减人员：
Article 41 In the case of any of the following circumstances, if the employer needs to cut down above 20 workers, or if it needs to cut down less than 20 workers but which accounts for 10 percent or above of the total number of the workers, the employer shall make an explanation to the labor union or to all workers 30 days in advance. After it has solicited the opinions of the labor union or of the workers, it may have the reduction after reporting the plan to labor administrative department:
（一） 依照企业破产法规定进行重整的；
(1) It is under revitalization in accordance with the Enterprise Bankruptcy Law;
（二） 生产经营发生严重困难的；
(2) Serious problems in production and business operation occurs;
（三） 企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的；
(3) The enterprise has changed products, made significant technological renovation or adjusted the form of business operation, and it still needs to have reduction after the labor contract is altered; or
（四） 其他因劳动合同订立时所依据的客观经济情况发生重大变化，致使劳动合同无法履行的。
(4) The objective economic circumstance, on which the labor contract is based, has altered significantly and it is unable to perform the labor contract.裁减人员时，应当优先留用下列人员：
Priority shall be given to the following workers when the employer has a reduction:
（一） 与本单位订立较长期限的固定期限劳动合同的；
1) Those who have concluded labor contracts with a fixed period for a long term
（二） 与本单位订立无固定期限劳动合同的；
(2) Those who have concluded labor contracts without a fixed period; and
（三） 家庭无其他就业人员，有需要扶养的老人或者未成年人的。
(3) Those whose family has no other workers and have old men or minors to support.
用人单位依照本条第一款规定裁减人员，在六个月内重新招用人员的，应当通知被裁减的人员，并在同等条件下优先招用被裁减的人员。
Any employer that cut down the number of workers according to the first paragraph of this Article intends to hire new workers within 6 months after the reduction shall inform the workers cut down and shall give priority to the workers cut down under the equal conditions.
第四十二条 劳动者有下列情形之一的，用人单位不得依照本法第四十条、第四十一条的规定解除劳动合同：
Article 42 In the case of any of the following circumstances occurring to a worker, the employer may not discharge the labor contract in accordance with Articles 40 and 41 of this Law:
（一） 从事接触职业病危害作业的劳动者未进行离岗前职业健康检查，或者疑似职业病病人在诊断或者医学观察期间的；
(1) Any worker that conducts operations exposing him to occupational disease hazards has not gone through an occupational health check before leaving his post, or is suspected of having an occupational disease and is under diagnoses or medical observation;
（二） 在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的；
(2) Any worker has occupational disease or he has lost or partially lost his capacity to work as confirmed due to an injury relating to his job during his employment with the employer;
（三） 患病或者非因工负伤，在规定的医疗期内的；
(3) Any worker is suffering from illness or is being injured irrelevant to his job, and the period of medical treatment as prescribed therefore has not expired;
（四） 女职工在孕期、产期、哺乳期的；
(4) Any female worker is in her pregnancy, confinement or nursing period;
（五） 在本单位连续工作满十五年，且距法定退休年龄不足五年的；
(5) Any worker has been working for the employer for exceeding 15 years continuously and is less than five years away from his legal retirement age; or
（六） 法律、行政法规规定的其他情形。
(6) Other circumstances as prescribed by laws or administrative regulations.
第四十三条 用人单位单方解除劳动合同，应当事先将理由通知工会。
Article 43 Any employer that discharges a labor contract unilaterally shall notify the labor union with relevant explanations.
用人单位违反法律、行政法规规定或者劳动合同约定的，工会有权要求用人单位纠正。
In case the employer is in violation of any law, administrative regulation or stipulations of the labor contract, the labor union is entitled to require the employer to make a correction.
用人单位应当研究工会的意见，并将处理结果书面通知工会。
The employer shall take the opinions of the labor union into account and notify the labor union concerning the relevant results in written form.
第四十四条 有下列情形之一的，劳动合同终止：
Article 44 In the case of any of the following circumstances, labor contracts shall be terminated:
（一） 劳动合同期满的；
(1) the term of any labor contract has expired;
（二） 劳动者开始依法享受基本养老保险待遇的；
(2) the worker has begun to enjoy the basic old-age insurance treatments;
（三） 劳动者死亡，或者被人民法院宣告死亡或者宣告失踪的；
(3) the worker is deceased, or is dead or missing as announced by the people's court;
（四） 用人单位被依法宣告破产的；
(4) the employer is announced bankrupt according to law;
（五） 用人单位被吊销营业执照、责令关闭、撤销或者用人单位决定提前解散的；
(5) the employer is revoked of business license thereof, or is ordered to close down or is discharged, or it determines to go to liquidation before the schedule; or
（六） 法律、行政法规规定的其他情形。
(6) other circumstances as prescribed in laws or administrative regulations occur.
第四十五条 劳动合同期满，有本法第四十二条规定情形之一的，劳动合同应当续延至相应的情形消失时终止。
Article 45 Where a labor contract expires, if it is under any of the circumstances as prescribed in Article 42 of this Law, the term of labor contract shall be corresponding extended when the relevant circumstance disappears.
但是，本法第四十二条第二项规定丧失或者部分丧失劳动能力劳动者的劳动合同的终止，按照国家有关工伤保险的规定执行。
However, the issues concerning the termination of the labor contract of a worker who has lost or partially lost his capacity to work as prescribed in Subparagraph (2) of Article 42 of this Law shall be handled under the relevant provisions regarding injury insurance relating to his job. | 
发表于 2011-1-23 12:57
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