第一条 为了保障外商投资企业(以下简称企业)及其职工的合法权益,确立、维护和发展企业与职工之间稳定和谐的劳动关系,根据国家法律、行政法规,制定本规定。

Article 1 The regulations are formulated in line with State laws and administrative regulations to guarantee the legal rights and interests of the foreign-funded enterprises (FFEs) and their employees and establish, maintain and develop stable and harmonious relations between the FFEs and the employees.

 第二条 本规定适用于中华人民共和国境内设立的中外合资经营企业、中外合作经营企业、外资企业、中外股份有限公司及其职工。

Article 2 The regulations are applied to the Sino-foreign joint equity ventures, Sino-foreign cooperative ventures, solely foreign-funded enterprises and Sino-foreign limited companies established within the People's Republic of China and their employees.

 第三条 县及县以上各级人民政府的劳动行政部门依据本规定,对企业的用人、培训、工资、保险福利待遇和劳动安全卫生等实行监察。

Article 3 The labor administrative departments of the people's governments at county and above level exercise supervision over the FFEs in accordance with this set of regulations with regard to their use and training of personnel, and the personnel's wages, insurance and welfare, as well as their working safety and hygiene conditions.

 第四条 企业制定的规章制度,不得违反国家的法律、行政法规。

Article 4 The statute and system of the FFEs must not go against the State laws and administrative regulations.

 第五条 企业按照国家有关法律、行政法规,自主决定招聘职工的时间、条件、方式、数量。 Article 5 The FFEs may decide by themselves the time, conditions and ways of the employment and the number of personnel they employ in line with relevant State laws and administrative regulations.

 企业招聘职工,可在企业所在地的劳动部门确认的职业介绍中心() 招聘。经当地劳动行政部门同意,也可以直接或跨地区招聘。 The FFEs may recruit employees from the employment services which have confirmed by the labor department at the localities of the FFEs but under the approval of the labor administrative departments may also recruit their employees directly or from other regions.

 企业不得招聘末解除劳动关系的职工。禁止使用童工。

The FFEs must not recruit the employees who are still employed by other employers and are forbidden to use child laborers.

 第六条 企业招聘职工时,应当在中国境内招聘中方职工;确需招聘外籍及台湾、香港、澳门地区人员的,必须按照国家有关规定,经当地劳动行政部门批准,并办理就业证等有关手续。 Article 6 The FFEs should employ their Chinese employees within China; whereas there is a real need to employ foreign personnel or personnel from Taiwan, Hong Kong and Macao regions, the employment should be made in line with relevant State regulations and with the approval of the local labor administrative department, and through relevant formalities such as the acquirement of employment certificates.

 第七条 企业应当建立职业培训制度,对职工进行职业培训。对从事技术工种或有特殊技能要求的职工,须经过培训后,持证上岗。培训经费须按照国家有关规定提取和使用。 Article 7 The FFEs should establish certain training programmes for their employees. Those who are required to do technical work or to have special skills must receive training and be certified capable for the job before they assume the posts. A special programme for training must be drawn and used in line with relevant State regulations.

 第八条 劳动合同由职工个人同企业以书面形式订立。Article 8 Labor contracts are concluded in written form between individual employee and the FFEs.

   工会组织(没有工会组织的应选举工人代表)可以代表职工与企业就劳动报酬、工时休假、劳动安全卫生、保险福利等事项,通过协商谈判,订立集体合同。 Trade unions (elected worker representatives if no such unions are available) may conclude collective contracts with the FFEs on behalf of the employees through consultations and negotiations with regard to matters like their remuneration, working time and vacation, labor safety and hygiene condition and insurance and welfare.

 劳动合同、集体合同的内容,应符合国家有关法律、行政法规。 The content of the labor contracts and the collective contracts should conform with relevant State laws and administrative regulations in content.

 第九条 劳动合同签订后,应当于一个月内到当地劳动行政部门鉴证。集体合同订立后,应报送当地劳动行政部门备案。 Article 9 The labor contracts should be appraised and verified at the local labor administrative department within one month after they are signed. The signed collective contracts should be reported to the local labor administrative departments for the record.

   劳动行政部门自收到之日起15日内未提出异议的,集体合同即行生效。The collective contracts shall become effective whereas the labor administrative departments do not raise any different views within 15 days from the date when they receive the text of the contracts concerned.

 第十条 劳动合同期满或双方约定的终止条件出现,劳动合同即行终止。经双方同意,可以续订劳动合同。

Article 10 Labor contracts terminate when their operation terms expire or conditions on which both parties agree to terminate the contracts appear. Labor contracts may also be extended under agreement of both parties.

    劳动合同变更需经双方协商同意,并办理劳动合同变更手续。劳动合同变更内容,可由劳动合同双方商定。

A labor contract may be revised upon agreement of both parties through consultation and due formalities should go through for the change. The content of the changes in the contract may be decided by both parties of the contract.

 

     第十一条 有下列情形之一的,企业或职工可以解除劳动合同: Article 11 The FFEs or the employees may terminate the labor contracts in one of the following cases:

  ()劳动合同当事人协商一致;

1. Parties of the contract reach an agreement for the termination through consultations;

  ()试用期内不符合录用条件、职工不履行劳动合同、严重违反劳动纪律和企业依法制定的规章制度,以及被劳动教养或被判刑的,企业可以解除劳动合同;

 2. A FFE may terminate the labor contract during the trial employing period of a certain employee when the employee is proved not up to the qualifications for recruitment, fails to carry out the contract, seriously violates labor discipline and the lawful statute of the enterprise, or has been convicted to forced labor or other pronounced guilty criminal punishment; and

  ()企业以暴力、威胁、监禁或者其他妨害人身自由的手段强迫劳动;企业不履行劳动合同或者违反国家法律、行政法规,侵害职工合法权益的,职工可以解除劳动合同。

3. An employee may terminate the labor contract if forced to work for the FFEs under violent treatment, threat, or imprisonment or other means of restricting personal freedom by the FFE; or if the FFE fails to carry out the labor contract or violates the State laws, administrative regulations and infringes upon the legal rights and interests of the employee.

 第十二条 有下列情形之一的,企业在征求工会意见后,可以解除劳动合同,但应提前30日以书面形式通知职工本人:

Article 12 FFEs may terminate the labor contracts after soliciting the opinion of the trade union in one of the following cases, but the employees should be notified in written form 30 days in advance:

  ()职工患病或非因工负伤,医疗期满后,不能从事原工作或不能从事由企业另行安排的工作的;

1. An employee inflicts an ill or injury not on post and thus cannot do the original work or other assignments by the FFE after the medical treatment period expires;

  ()职工经过培训、调整工作岗位,仍不能胜任工作的;

2. An employee can still not do the work after training or reassignment;

    ()劳动合同订立时所依据的客观情况发生变化,致使原劳动合同无法履行,经双方协商不能就变更劳动合同达成协议的; 3. A contract fails to be carried out due to changes of conditions after the contract is signed and both sides cannot reach an agreement through consultations on changing the contract; and

    ()法律、行政法规规定的其他情形。

4. Other matters which are set in laws and administrative regulations.

  第十三条 职工患职业病或因工负伤并被确认丧失或部分丧失劳动能力的,职工患病在规定的医疗期内的,女职工在孕期、产期、哺乳期内的,用人单位不得解除劳动合同。Article 13 The employer cannot terminate the labor contract when an employee is certified of losing or partly losing work ability due to occupational disease or injury at post, or in regular medical treatment for illness or an woman employee is pregnant or is enjoying maternity and lactation.

        因患职业病或因工致残的职工,若本人要求解除劳动合同,企业应按当地政府规定,向社会保险机构缴纳因工致残就业安置费。职工患病或非因工负伤的医疗期限按现行规定执行。 {>Whereas an employee asks to terminate the labor contract due to occupational disease or becoming disabled because of work the enterprise should pay the social insurance agency the reemployment settlement fee for those who becoming disabled because of work in accordance with the stipulations of the local government. The time limit for medical treatment of an employee who is ill or gets injured not because of work is set according to the current regulations.

     第十四条 企业的工资分配,应实行同工同酬的原则。职工工资水平应在企业经济发展的基础上逐年提高。Article 14 The wage policy of the FFEs should follow the principle of equal pay for equal work. Wages of the employees should be raised year by year on basis of the economic development of the FFEs.

       企业职工的工资水平由企业根据当地人民政府或劳动行政部门发布的工资指导线,通过集体谈判确定。 Wage standards of the employees should be decided through collective negotiations by the FFEs according to the guideline promulgated by the local people's government of the labour administrative department.

  职工法定工作时间内的最低工资,不得低于当地最低工资标准。 The minimum payment for a legal working hour of an employee in FFEs must not be lower than the standard for the local minimum payment.

    第十五条 企业必须以货币形式按时足额支付职工工资,每月至少要支付一次,并为职工代扣、代缴个人所得税。 Article 15 The FFEs must pay the employees cash wage in time and adequately at least once every month and withhold and pay the income tax for the employees.

  第十六条 企业应当按照有关规定进行劳动工资统计,并向所在地区劳动行政部门、财政部门及统计部门和企业主管部门报送劳动工资统计报表。 Article 16 The FFEs should make account of the wages of the employees in line with relevant regulations and report the account to the local labor administrative department, financial department, statistics department and the enterprise's authoritative department in written form.

  第十七条 企业必须按照国家有关规定参加养老、失业、医疗、工伤、生育等社会保险,按照地方人民政府规定的标准,向社会保险机构按时、足额缴纳社会保险费。保险费应按照国家规定列支。职工个人也应按照有关规定缴纳养老保险费。 Article 17 FFEs must join in old-age, unemployment, medical, on-job injures, child-bearing and other social insurance for their employees in accordance with relevant State regulations, and pay full premium to the social insurance institutions in time according to the standards set by the local people's government. The insurance premium should be listed and paid in line with the State regulations. Employees should also pay their own old-age insurance premium in line with relevant regulations.

  第十八条 企业应当建立职工《劳动手册》和《养老保险手册》制度,记录职工的工龄、工资及养老、失业、工伤、医疗等社会保险费用的缴纳与支付情况。 Article 18 The FFEs should establish the system of "Labor Manual" and "Old-Age Insurance Manual" for the employees, recording the age, wage and the payment and spending of various social insurance like old-age, unemployment, on-job injuries and medical treatment of the employees.

  第十九条 企业对依照本规定第十一条第一、三款、第十二条规定解除劳动合同的职工,应当一次性发给生活补助费。对依照本规定第十二条一款规定解除劳动合同的,除发给生活补助费外,还应当发给医疗补助费。 Article 19 FFEs should pay living allowance to employees whose labor contracts terminated in accordance with Clauses 1 and 3 Article 11, and Article 12 of this set of regulations and also medical treatment allowance to employees whose labor contract is terminated in accordance with Clause 1 of Article 12 of this set of regulations in addition to the life allowance.

    第二十条 生活补助费和医疗补助费标准,根据其在本企业的工作年限计算。生活补助费按每满1年发给相当本人1个月的实得工资;医疗补助费按在本企业工作不满5年的,发给相当本人3个月的实得工资,5年以上的为6个月实得工资。在本企业工作6个月以上不满1年的,按1年计算。 Article 20 The standards of the living and medical treatment allowances are calculated according to the employees, working years in the FFEs. The living allowance issued to the employees with a working period of one year should be equivalent to the one month pay of the employees; the medical treatment allowance to the employees should be equivalent to three months pay to employees with less than 5 years or working term and equivalent to six months' pay to employees with more than 5 years of working term. The working time is counted as 1 year whereas the actual working term is more than 6 months but less than one year.

  生活补助费和医疗补助费计发基数,按本人解除劳动合同前半年月平均实得工资计算。 0The base for the living and the medical treatment allowances is the average monthly pay for the six months before the labor contract is terminate.

  第二十一条 企业按照有关规定宣布解散或经双方协商同意解除劳动合同时,对因工负伤、或者患职业病经医院证明正在治疗或疗养,以及医疗终结经劳动鉴定委员会确认为完全或者部分丧失劳动能力的职工,享受抚恤待遇的因工死亡职工遗属,在孕期、产期和哺乳期的女职工,以及未参加各项社会保险的职工,应当根据企业所在地区人民政府的有关规定,一次向社会保险机构支付所需要的生活及社会保险费用。

Article 21 Whereas a FFE disbands in line with relevant regulations or the labor contract is terminated with the agreement of both parties through consultations, the FFE should, in accordance with relevant regulations of the local people's government, pay the life and social insurance premiums as required to social insurance institutions for those employees who are in medical treatment or are recuperating due to injury at work or occupational disease as confirmed by the hospital, and those who entirely lose or partly lose working ability after medical treatment as confirmed by the labor appraisal committee, and the dependents of the deceased at work who are receiving pensions, women employees who are pregnant or are at the time of maternity or lactation, and those who get nothing insured.

  第二十二条 企业职工在职期间的福利待遇,按照国家有关规定执行。

Article 22 The current employees of the FFEs enjoy the welfare treatment in accordance with relevant State regulations.

  第二十三条 企业应当按照当地人民政府的规定,提取使用中方职工住房基金。

Article 23 FFEs should draw a certain amount of housing fund for their Chinese employees in line with the regulations of the local people's government.

     第二十四条 企业职工享受国家规定的节假日、公休假日、探亲假、婚丧假、女职工产假等假期。

Article 24 Employees of FFEs enjoy leaves for festivals, vacations, public holidays, visiting parents or spouses and handling funeral affairs, and maternity leave for women employees in line with the State regulations.

  第二十五条 企业因订立集体合同与工会或工人代表发生争议,争议双方协商不能解决的,可以由当地劳动行政部门组织争议双方协商处理;企业因履行集体合同发生的争议,经双方协商不能解决的,可以依法申请仲裁、提起诉讼。

Article 25 If the two sides cannot solve through consultations the disputes that occur between the FFEs and the trade unions or the worker representatives while concluding collective labor contracts, the local labor administrative departments may invite the disputing parties together for a solution; if the two sides cannot solve through consultations the disputes that occur while the FFEs implement the collective contract, they may apply for arbitration or take legal proceeding according to laws.

  第二十六条 企业的劳动争议、劳动安全卫生、工伤事故报告和处理、工作时间、女职工和未成年工的特殊保护等,按国家规定执行。

Article 26 FFEs should follow the State regulations for the handling of labor disputes, labor safety and hygiene conditions, report and treatment of accidents occurred in work, working time, special protection for women employees and those under age.

  第二十七条 企业或者职工一方违反劳动合同,侵害对方利益,给对方造成损失的,应当承担赔偿责任。

Article 27 FFEs or the employees should bear responsibilities for compensation if they violate the labor contract, infringe upon the interests of the other party and causes losses to the other party.

 第二十八条 企业违反本规定招聘职工的,当地劳动行政部门对企业可以按被招聘者月平均工资的5-10倍处以罚款,并责令其退回招聘的职工。

Article 28 Whereas a FFE violates this set of regulations in recruiting employees, the local labor administrative department may impose on the FFE a fine in the amount of 5 to 10 times of the average monthly pay of the recruited employees.

 第二十九条 企业职工工资低于当地最低工资标准的,由当地劳动行政部门责令其限期纠正,企业除按最低工资标准补齐外,还应按实发工资与最低工资标准差额的20-100%发给职工赔偿金Article 29 Whereas an employees' wage of a FFE is lower than the local minimum wage standard, the local labor administrative department shall order the FFE to correct within a set time, and, apart from making up for the wage according to the minimum standard, should pay the employee a compensation fund in the amount of 20 to 100 percent of the difference between the actual paid wage and the minimum wage standard.

拒发实发工资与最低工资标准差额及赔偿金的,对企业处以实发工资与最低工资标准差额及赔偿金1倍至3倍的罚款。If the FFE fails to pay the make-up and the compensation fund, it will be imposed a fine which is 1 to 3 times the make-up and the compensation fund.

随意加班加点的,应立即改正,不改正的,按超规定总工时数每人当月实得工资的时、日平均数的5倍处以罚款。

A FFE should correct at once the decision to ask employees to work extra hours and if it fails to do so, it will be imposed a fine which is 5 times the actual monthly or daily pay depending on the total extra time.

 第三十条 企业不为职工办理社会保险手续的,应按照劳动行政部门规定的期限补办;不按期缴纳各项社会保险费的,应当从逾期之日起按日加收应缴金额2‰的滞纳金。滞纳金分别纳入各项社会保险费用。

Article 30 A FFE that does not go through the formalities of social insurance for the employees should do it in a set time in line with the regulations of labor administrative department; if it fails to pay various social insurance in time, it should pay 2 percent of the delaying fund beginning from the date of expiration. And the delaying fund is put into various social insurances.

  第三十一条 企业违反劳动安全卫生规定的,应令其限期改正或停业整顿,并按有关规定处以罚款。

Article 31 FFEs should be ordered to correct or be closed to set the thing straight in a set time if it violates regulations about labor safety and hygiene conditions and in addition be imposed a fine in line with relevant regulations.

 第三十二条 阻挠或拒绝劳动行政部门进行劳动监察的。处以月经营及销售收入1‰以下的罚款。

Article 32 An enterprise that obstructs or refuses the labor supervision by the labor administrative department will be imposed a fine less than 1 percent of its monthly business turnover and sales volume.

  第三十三条 以上各项罚款,当地劳动行政部门应在对其警告后仍不改正的情况下,方可实施。

Article 33 The above-mentioned fines may only be imposed after the FFE refuses to correct even after the local labor administrative department issues warning to the enterprise.

 第三十四条 上述行政处罚,由劳动行政部门依法执行。罚款全部上并国库。

Article 34 The above-mentioned administrative punishments are carried out by the labor administrative department according to laws and all the fines are handed over to the State treasury.

 第三十五条 华侨和台湾、香港、澳门投资者在中国大陆投资举办的合资经营企业、合作经营企业和拥有全部资本的企业及股份有限公司,均适用本规定。

Article 35 The regulations are also applied to the joint equity- ventures, cooperative ventures, solely owned enterprises and limited- liability companies established in the Chinese mainland by overseas Chinese and investors from Taiwan, Hong Kong and Macao.

 第三十六条 本规定由劳动部负责解释。

Article 36 The Chinese Ministry of Labor is entitled to interpret this set of regulations.

 本规定自发布之日起施行。过去有关外商投资企业劳动管理规定与本规定有抵触的,按本规定执行。<}0{>These regulations come into force upon its promulgation and shall dominant should there be any conflict between the regulations and the past labor management regulations concerning FFEs.