劳动合同法中英文对照(6) 劳动合同法, 行政部门

凉茶

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.

第四十六条 有下列情形之一的，用人单位应当向劳动者支付经济补偿：
Article 46 In the case of any of the following circumstances, employers shall make an economic compensation to the workers:
（一） 劳动者依照本法第三十八条规定解除劳动合同的；
(1) Any worker discharges the labor contract according to Article 38 of this Law;
（二） 用人单位依照本法第三十六条规定向劳动者提出解除劳动合同并与劳动者协商一致解除劳动合同的；
(2) Any employer intends to discharge the labor contract with the workers according to Article 36 of this Law and reaches consensus with the workers through consultations;
（三） 用人单位依照本法第四十条规定解除劳动合同的；
(3) The employer discharges the labor contract pursuant to Article 40 of this Law;
（四） 用人单位依照本法第四十一条第一款规定解除劳动合同的；
(4) The employer discharges the labor contract subject to the first Paragraph of Article 41 of this Law;
（五） 除用人单位维持或者提高劳动合同约定条件续订劳动合同，劳动者不同意续订的情形外，依照本法第四十四条第一项规定终止固定期限劳动合同的；
(5) The labor contract is a contract with a fixed period, which is terminated in accordance with Paragraph (1) of Article 44 of this Law, except that the worker disagrees to renew the contract even though the conditions offered by the employer are the same as or better than those stipulated in the current contract;
（六） 依照本法第四十四条第四项、第五项规定终止劳动合同的；
(6) The labor contract is terminated in accordance with Subparagraphs (4) and (5) of Article 44 of this Law; or
（七） 法律、行政法规规定的其他情形。
(7) Other circumstances as prescribed by laws and administrative regulations.
第四十七条 经济补偿按劳动者在本单位工作的年限，每满一年支付一个月工资的标准向劳动者支付。六个月以上不满一年的，按一年计算；不满六个月的，向劳动者支付半个月工资的经济补偿。
Article 47 The economic compensation shall be paid to workers according to the number of years he has worked for the employer by the rate of one month's salary for each full year he worked. Any period of above six months but less than one year shall be deemed as one year. The economic compensations that are paid to a worker for any period of less than six months shall be one-half of his monthly salary.
劳动者月工资高于用人单位所在直辖市、设区的市级人民政府公布的本地区上年度职工月平均工资三倍的，向其支付经济补偿的标准按职工月平均工资三倍的数额支付，向其支付经济补偿的年限最高不超过十二年。
If the monthly salary of a worker is three times higher than the average monthly salary of workers as announced last year by the people's government at the municipal level directly under the central government or at the level of districted city where the entity is situated, the rate for the economic compensations paid to him shall be three times the average monthly salary of workers and may not exceed 12 years of work.
本条所称月工资是指劳动者在劳动合同解除或者终止前十二个月的平均工资。
Monthly salary as mentioned in this Article means the average monthly salary of the worker for the 12 months before the discharge or termination of the labor contract thereof.
第四十八条 用人单位违反本法规定解除或者终止劳动合同，劳动者要求继续履行劳动合同的，用人单位应当继续履行；
Article 48 In the case of any employer discharges or terminates a labor contract that violates this Law, if any worker requests for continual performance of the contract, the employer shall do so as required.
劳动者不要求继续履行劳动合同或者劳动合同已经不能继续履行的，用人单位应当依照本法第八十七条规定支付赔偿金。
If the worker does not request so or if continual performance of the labor contract is impossible, the employer shall pay compensation to him in accordance with Article 87 of this Law.
第四十九条 国家采取措施，建立健全劳动者社会保险关系跨地区转移接续制度。
Article 49 The state shall adopt relevant measures to establish and perfect a system which ensures that the workers' social security relationship can be transferred from one region to another and can be continued in such other regions.
第五十条 用人单位应当在解除或者终止劳动合同时出具解除或者终止劳动合同的证明，并在十五日内为劳动者办理档案和社会保险关系转移手续。
Article 50 When discharging or terminating a labor contract, the employer shall issue a certification for the discharge or termination of the labor contract simultaneously and shall complete the procedures for the transfer of the worker's archives and social security relationship within 15 days.
劳动者应当按照双方约定，办理工作交接。
The worker shall go through the procedures for the handover of his work as stipulated between both parties.
用人单位依照本法有关规定应当向劳动者支付经济补偿的，在办结工作交接时支付。
In case the employer shall pay an economic compensation to the worker as required by relevant provisions of this Law, it shall make a payment upon completion of the procedures for the handover of the work.
用人单位对已经解除或者终止的劳动合同的文本，至少保存二年备查。
The text of the discharged or terminated labor contracts shall be preserved by the employer for at least two years for reference.
第五章　
特别规定Chapter V Special Rules
第一节　集体合同
Section 1 Collective Contracts
第五十一条 企业职工一方与用人单位通过平等协商，可以就劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利等事项订立集体合同。集体合同草案应当提交职工代表大会或者全体职工讨论通过。
Article 51 The enterprise workers, as one party may conclude a collective contract with the employer in terms of remuneration, working hours, rest and vacation, work safety and healthy care, social insurance and welfare, etc upon equal consultations. The draft of the collective contract shall be presented to workers' congress or all the workers for discussion and approval.
集体合同由工会代表企业职工一方与用人单位订立；尚未建立工会的用人单位，由上级工会指导劳动者推举的代表与用人单位订立。
A collective contract shall be concluded between the labor union that is on behalf of the enterprise workers as well as the employer.In case of any employer that may not have a labor union yet, the contract shall be concluded between the employer and a representative as chosen by the workers upon the guidance of the labor union at the next higher level.
第五十二条 企业职工一方与用人单位可以订立劳动安全卫生、女职工权益保护、工资调整机制等专项集体合同。
Article 52 The enterprise workers, as one party, may conclude specialized collective contracts with the employer with respect to the work safety and sanitation, protection of the rights and interests of female workers, the salary adjustment mechanism, etc.
第五十三条 在县级以下区域内，建筑业、采矿业、餐饮服务业等行业可以由工会与企业方面代表订立行业性集体合同，或者订立区域性集体合同。
Article 53 In county level regions or below, the labor unions may conclude industrial or regional collective contracts with the representatives of enterprises in such industries as construction, mining, catering services, etc.
第五十四条 集体合同订立后，应当报送劳动行政部门；劳动行政部门自收到集体合同文本之日起十五日内未提出异议的，集体合同即行生效。
Article 54 After the conclusion of a collective contract, it shall be submitted to the labor administrative department. Where the labor administrative department raises no objection within 15 days as of the receipt of the collective contract, the collective contract shall become effective.
依法订立的集体合同对用人单位和劳动者具有约束力。行业性、区域性集体合同对当地本行业、本区域的用人单位和劳动者具有约束力。
A collective contract that has been concluded according to law is binding upon both the employer and the workers. An industrial or regional collective contract is binding upon both the employers and workers in the industry or in the region.
第五十五条 集体合同中劳动报酬和劳动条件等标准不得低于当地人民政府规定的最低标准；
Article 55 Such standards as remunerations, working conditions, etc. as prescribed in a collective contract shall not be lower than the minimum as prescribed by the local people's government.
用人单位与劳动者订立的劳动合同中劳动报酬和劳动条件等标准不得低于集体合同规定的标准。
The standards such as remunerations, working conditions, etc. as prescribed in the labor contract between an employer and a worker shall not be lower than those as prescribed in the collective contract.
第五十六条 用人单位违反集体合同，侵犯职工劳动权益的，工会可以依法要求用人单位承担责任；因履行集体合同发生争议，经协商解决不成的，工会可以依法申请仲裁、提起诉讼。
Article 56 In case an employer breaches collective contracts and then infringes upon the labor rights and interests of the workers, the labor union may demand the employer to bear the liability according to law. Where any dispute arises from the performance of the collective contract and no agreement is reached upon consultations, the labor union may apply for arbitration and bring a lawsuit according to law.