勞動法幾個版本
❶ 中國人民勞動法最新最完整的版本
1、沒有「中國人民勞動法」,有的是《中華人民共和國勞動法》,1994年7月5日通過、1995年1月1日施行。
網址是:http://ke..com/view/7300.htm?fr=ala0_1
2、你找的,還可能是俗稱「新勞動法」的《勞動合同法》吧?
(1)《勞動合同法》:2008年1月1日起實施,網址是:http://www.gov.cn/jrzg/2007-06/29/content_667720.htm
(2)另有《勞動合同法實施條例》,應是你說的「細則」:http://ke..com/view/2548225.htm?fr=ala0_1
3、「到底現在勞動法以那個標准為主」:以上3部法律法規都是有效的,互不沖突。其中《勞動法》規范的是勞動關系中的全面事項,《勞動合同法》規范的只是勞動關系中的勞動合同的訂立、解除等事項,《勞動合同法實施條例》是具體實施《勞動合同法》中的「細則」。
❷ 請問中華人民共和國勞動法最新版本是哪一年為什麼網上搜出來有的是
勞動法有改變嗎?據了解我國勞動法沒有變化,仍然使用1995年的中華人民共和國勞動法,網上這些標著年份的文章,往往都是為了吸引人而設置的噱頭。
❸ 中華人民共和國勞動法 最新的哪個版本
《全國人民代表大會常務委員會關於修改〈中華人民共和國勞動合同法〉的決定》已
由中華人民共和國第十一屆全國人民代表大會常務委員會第三十次會議於2012年12月28日通過自
2013年7月1日起施行
❹ 自新中國成立以來勞動法頒布了幾個版本有過幾次修訂現行的又是哪一個呢
我國《勞動法》復是制1994年7月5日第八屆全國人民代表大會常務委員會第八次會議通過,1994年7月5日中華人民共和國主席令第二十八號公布,自1995年1月1日起施行。此後沒有對《勞動法》做過修改。
2007年6月29日頒布了《勞動合同法》,該法從2008年1月1日起生效實施,最新的消息是2012年12月28日通過修改,自2013年7月1日起施行。這個法律和《勞動法》不完全相同,一個是調整勞動關系的整體性法律,一個僅僅是調整勞動合同關系的法律。所以不能簡單理解為對勞動法的修改。
現在兩部法律都仍然有效。《中華人民共和國勞動爭議調解仲裁法》於2007年12月29日通過,自2008年5月1日起施行。現行有效。是勞動部門對勞動爭議仲裁的依據。最高人民法院對勞動爭議出台了三個司法解釋。最高人民法院關於審理勞動爭議案件適用法律若干問題的解釋一、二、三。
❺ 勞動法共有多少版本
若以《勞動法》這樣的名稱論,只有94年7月人大常委通過,95年1月日實施內的這一部,它確立容了我國現行的勞動合同制度。
其他關於勞動管理、勞動合同、勞動爭議、工資、社會保險等等的法律法規就很多很多了。主要是上世紀80年代改革開放政策實施後,非國有企業的涌現,帶來了用工制度的重大變化。
今年實施的這部《勞動合同法》並非是勞動法的新版本,不要誤解。勞動法是一部涉及勞動就業的基本法,而勞動合同法是將完善勞動合同制度作為立法的主要目的之一,對勞動合同的訂立、履行、變更和解除或終止以及相應的法律責任作出更為具體明確的規定,進一步保障勞動者的合法權益。
❻ 最新的《勞動法》是哪個版本的啊
《勞動法》是的1995年的那一版,而《勞動合同法》是2008年的那一版,不知道您有什麼問題要咨詢,可詳細說明,以便解答。
縱橫法律網 畢華寶律師
❼ 大家有新勞動法的英文版本嗎
Labor Law of People's Republic of China
LABOR LAW OF PEOPLE』 S REPUBLIC OF CHINA
Promulgated on July 5 1994
Table of Contents
CHAPTER I. GENERAL PROVISIONS (Sections 1-9)
CHAPTER II. PROMOTION OF EMPLOYMENT (Sections 10-15 )
CHAPTER III. LABOR CONTRACTS AND COLLECTIVE CONTRACTS (Sections 16-35 )
CHAPTER IV. WORKING HOURS, REST AND VACATIONS (Sections 36-45)
CHAPTER V. WAGES (Sections 46-51 )
CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH (Sections 52-57 )
CHAPTER VII. SPECIAL PROTECTION FOR FEMALE STAFF AND JUVENILE WORKERS (Sections 58-65 )
CHAPTER VIII. VOCATIONAL TRAINING (Sections 66-69 )
CHAPTER IX. SOCIAL INSURANCE AND WELFARE (Sections 70-76)
CHAPTER X. LABOR DISPUTES (Sections 77-84 )
CHAPTER XI. SUPERVISION AND INSPECTION (Sections 85-88)
CHAPTER XII. LEGAL RESPONSIBILITY (Sections 89-105 )
CHAPTER XIII. SUPPLEMENTARY PROVISIONS (Sections 106-107 )
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CHAPTER I. GENERAL PROVISIONS
Section 1. This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, readjust labor relationship, establish and safeguard a labor system suited to the socialist market economy, and promote economic development and social progress.
Section 2. This Law applies to all enterprises and indivial economic organizations (hereafter referred to as employing units) within the boundary of the People's Republic of China, and laborers who form a labor relationship therewith.
State organs, institutional organizations and societies as well as laborers who form a labor contract relationship therewith shall follow this Law.
Section 3. Laborers shall have the right to be employed on an equal basis, choose occupations, obtain remuneration for their labor, take rest, have holidays and leaves, obtain protection of occupational safety and health, receive training in vocational skills, enjoy social insurance and welfare, and submit applications for settlement of labor disputes, and other rights relating to labor as stipulated by law.
Laborers shall fulfil their labor tasks , improve their vocational skills, follow rules on occupational safety and health, and observe labor discipline and professional ethics.
Section 4. The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that laborers enjoy the right to work and fulfil labor obligations.
Section 5. The State shall take various measures to promote employment, develop vocational ecation, lay down labor standards, regulate social incomes, perfect social insurance system, coordinate labor relationship, and graally raise the living standard of laborers.
Section 6. The State shall advocate the participation of laborers in social voluntary labor and the development of their labor competitions and activities of forwarding rational proposals, encourage and protect the scientific research and technical renovation engaged by laborers, as well as their inventions and creations; and commend and award labor models and advanced workers.
Section 7. Laborers shall have the right to participate in and organize trade unions in accordance with the law.
Trade Unions shall represent and safeguard the legitimate rights and interests of laborers, and independently conct their activities in accordance with the law.
Section 8. Laborers shall, through the assembly of staff and workers or their congress, or other forms in accordance with the provisions of laws, rules and regulations, take part in democratic management or consult with the employing units on an equal footing about protection of the legitimate rights and interests of laborers.
Section 9. The labor administrative department of the State Council shall be in charge of the management of labor of the whole country.
The labor administrative departments of the local people's governments at or above the county level shall be in charge of the management of labor in the administrative areas under their respective jurisdiction.
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CHAPTER II. PROMOTION OF EMPLOYMENT
Section 10. The State shall create conditions for employment and increase opportunities for employment by means of the promotion of economic and social development.
The State shall encourage enterprises, institutional organizations, and societies to initiate instries or expand businesses for the increase of employment within the scope of the stipulation of laws, and administrative rules and regulations.
The State shall support laborers to get jobs by organizing themselves on a voluntary basis or by engaging in indivial businesses.
Section 11. Local people's governments in various levels shall take measures to develop various kinds of job-introction agencies and provide employment services.
Section 12. Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.
Section 13. Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.
Section 14. Where there are special stipulations in laws, rules and regulations on the employment of the disabled, the personnel of national minorities, and demobilized army men, such special stipulations shall apply.
Section 15. No employing units shall be allowed to recruit juveniles under the age of 16.
Units of literature and art, physical culture and sport, and special arts and crafts that need to recruit juveniles under the age of 16 must go through the formalities of examination and approval according to the relevant provisions of the State and guarantee their right to compulsory ecation.
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CHAPTER III. EMPLOYMENT CONTRACTS AND COLLECTIVE AGREEMENTS
Section 16. A labor contract is the agreement reached between a laborer and an employing unit for the establishment of the labor relationship and the definition of the rights, interests and obligations of each party.
A labor contract shall be concluded where a labor relationship is to be established.
Section 17. Conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not run counter to the stipulations of laws, administrative rules and regulations.
A labor contract once concluded in accordance with the law shall possess legal binding force. The parties involved must fulfil the obligations stipulated in the labor contract.
Section 18. The following labor contracts shall be invalid:
(1) labor contracts concluded in violation of laws, administrative rules and regulations; and
(2) labor contracts concluded by resorting to such measures as cheating and intimidation.
An invalid labor contract shall have no legal binding force from the very beginning of its conclusion. Where a part of a labor contract is confirmed as invalid and where the validity of the remaining part is not affected, the remaining part hall remain valid.
The invalidity of a labor contract shall be confirmed by a labor dispute arbitration committee or a people's court.
Section 19. A labor contract shall be concluded in written form and contain the following clauses:
(1) term of labor contract;
(2) contracts of work;
(3) labor protection and working conditions;
(4) labor remuneration;
(5) labor disciplines;
(6) conditions for the termination of a labor contract; and
(7) responsibility for the violation of a labor contract.
Apart from the required clauses specified in the preceding paragraph, other contents in a labor contract may be agreed upon through consultation by the parties involved.
Section 20. The term of a labor contract shall be divided into fixed term, flexible term or taking the completion of a specific amount of work as a term.
In case a laborer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labor contract, a labor contract with a flexible term shall be concluded between them if the laborer so requested.
Section 21. A probation period may be agreed upon in a labor contract. The longest probation period shall not exceed six months.
Section 22. The parties involved in a labor contract may reach an agreement in their labor contract on matters concerning keeping the commercial secrets of the employing unit.
Section 23. A labor contract shall terminate upon the expiration of its term or the emergence of the conditions for the termination of the labor contract as agreed upon by the parties involved.
Section 24. A labor contract may be revoked upon agreement reached between the parties involved through consultation.
Section 25. The employing unit may revoke the labor contract with a laborer in any of the following circumstances:
(1) to be proved not up to the requirements for recruitment ring the probation period;
(2) to seriously violate labor disciplines or the rules and regulations of the employing unit;
(3) to cause great losses to the employing unit e to serious dereliction of ty or engagement in malpractice for selfish ends; and
(4) to be investigated for criminal responsibilities in accordance with the law.
Section 26. In any of the following circumstances, the employing unit may revoke a labor contract but a written notification shall be given to the laborer 30 days in advance;
(1) where a laborer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment for illness or injury not suffered at work;
(2) when a laborer is unqualified for his work and remains unqualified even after receiving a training or an adjustment to any other work post; and
(3) no agreement on modification of the labor contract can be reached through consultation by the parties involved when the objective conditions taken as the basis for the conclusion of the contract have greatly changed so that the original labor contract can no longer be carried out.
Section 27. During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs into difficulties in proction and management, and if rection of its personnel becomes really necessary, the unit may make such rection after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labor administrative department.
Where the employing unit is to recruit personnel six months after the personnel rection effected according to the stipulations of this section, the reced personnel shall have the priority to be re-employed.
Section 28. The employing unit shall make economic compensations in accordance with the relevant provisions of the State if it revokes its labor contracts according to the stipulations in section 24, section 26 and section 27 of this Law.
Section 29. The employing unit shall not revoke its labor contract with a laborer in accordance with the stipulations in section 26 and section 27 of this Law in any of the following circumstances:
(1) to be confirmed to have totally or partially lost the ability to work e to occupational diseases or injuries suffered at work;
(2) to be receiving medical treatment for diseases or injuries within the prescribed period of time;
(3) to be a female staff member or worker ring pregnant, puerperal, or breast-feeding period; or
(4) other circumstances stipulated by laws, administrative rules and regulations.
Section 30. The trade union of an employing unit shall have the right to air its opinions if it regards as inappropriate the revocation of a labor contract by the unit. If the employing unit violates laws, rules and regulations or labor contracts, the trade union shall have the right to request for reconsideration. Where the laborer applies for arbitration or brings in a lawsuit, the trade union shall render him support and assistance in accordance with the law.
Section 31. A laborer who intends to revoke his labor contract shall give a written notice to the employing unit 30 days in advance.
Section 32. A laborer may notify at any time the employing unit of his decision to revoke the labor contract in any of the following circumstances:
(1) within the probation period;
(2) where the employing unit forces the laborer to work by resorting to violence, intimidation or illegal restriction of personal freedom; or
(3) failure on the part of the employing unit to pay labor remuneration or to provide working conditions as agreed upon in the labor contract.
Section 33. The staff and workers of an enterprise as one party may conclude a collective contract with the enterprise on matters relating to labor remuneration, working hours, rest and vacations, occupational safety and health, and insurance and welfare. The draft collective contract shall be submitted to the congress of the staff and workers or to all the staff and workers for discussion and adoption.
A collective contract shall be concluded by the trade union on behalf of the staff and workers with the enterprise; in enterprise where the trade union has not yet been set up, such contract shall be also concluded by the representatives elected by the staff and workers with the enterprise.
Section 34. A collective contract shall be submitted to the labor administrative department after its conclusion. The collective contract shall go into effect automatically if no objections are raised by the labor administrative department within 15 days from the date of the receipt of a of the contract.
Section 35. Collective contracts concluded in accordance with the law shall have binding force to both the enterprise and all of its staff and workers. The standards on working conditions and labor payments agreed upon in labor contracts concluded between indivial laborers and the enterprise shall not be lower than those as stipulated in collective contracts.
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CHAPTER IV. WORKING HOURS, REST AND VACATIONS
Section 36. The State shall practice a working hour system under which laborers shall work for no more than eight hours a day and or more than 44 hours a week on average.
Section 37. In case of laborers working on the basis of piecework, the employing unit shall rationally fix quotas of work and standards on piecework remuneration in accordance with the working hour system stipulated in section 36 of this Law.
Section 38. The employing unit shall guarantee that its staff and workers have at least one day off in a week.
Section 39. Where an enterprise cannot follow the stipulations in section 36 and section 38 of this Law e to its special proction nature, it may adopt other rules on working hours and rest with the approval of the labor administrative department.
Section 40. The employing unit shall arrange holidays for laborers in accordance with the law ring the following festivals:
(1) the New Year's Day;
(2) the Spring Festival;
(3) the International Labor Day;
(4) the National Day; and
(5) other holidays stipulated by laws and regulations.
Section 41. The employing unit may extend working hours e to the requirements of its proction or business after consultation with the trade union and laborers, but the extended working hour for a day shall generally not exceed one hour; if such extension is called for e to special reasons, the extended hours shall not exceed three hours a day under the condition that the health of laborers is guaranteed. However, the total extension in a month shall not exceed 36 hours.
Section 42. The extension of working hours shall not be subject to restriction of the provisions of section 41 of this Law under any of the following circumstances:
(1) where emergent dealing is needed in the event of natural disaster, accident or other reason that threatens the life, health and the safety of property of laborers;
(2) where prompt rush repair is needed in the event of breakdown of proction equipment, transportation, lines or public facilities that affects proction and public interests; and
(3) other circumstances as stipulated by laws, administrative rules and regulations.
Section 43. The employing unit shall not extend working hours of laborers in violation of the provisions of this Law.
Section 44. The employing unit shall, according to the following standards, pay laborers remunerations higher than those for normal working hours under any of the following circumstances;
(1) to pay no less than 150 per cent of the normal wages if the extension of working hours is arranged;
(2) to pay no less than 200 per cent of the normal wages if the extended hours are arranged on days of rest and no deferred rest can be taken; and
(3) to pay no less than 300 per cent of the normal wages if the extended hours are arranged on statutory holidays.
Section 45. The State shall practice a system of annual vacation with pay.
Laborers who have kept working for one year and more shall be entitled to annual vacation with pay. The concrete measures shall be formulated by the State Council.
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CHAPTER V. WAGES
Section 46. The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work.
The level of wages shall be graally raised on the basis of economic development. The State shall exercise macro-regulations and control over the total wages.
Section 47. The employing unit shall independently determine its form of wage distribution and wage level for its own unit according to law and based on the characteristics of its proction and business and economic results.
Section 48. The State shall implement a system of guaranteed minimum wages. Specific standards on minimum wages shall be determined by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and reported to the State Council for the record.
Wages paid to laborers by the employing unit shall not be lower than the local standards on minimum wages.
Section 49. The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner:
(1) the lowest living expenses of laborers themselves and the average family members they support;
(2) the average wage level of the society as a whole;
(3) labor proctivity;
(4) the situation of employment; and
(5) the different levels of economic development between regions.
Section 50. Wages shall be paid monthly to laborers themselves in form of currency. The wages paid to laborers shall not be dected or delayed without justification.
Section 51. The employing unit shall pay wages to laborers who observe statutory holidays, take leaves ring the periods of marriage or funeral, or participate in social activities in accordance with the law.
❽ 中華人民共和國勞動法最新是什麼版本
2009年8月27日第十來一屆全國人民代表自大會常務委員會第十次會議通過《全國人民代表大會常務委員會關於修改部分法律的決定》,自公布之日起施行。修改如下:
《中華人民共和國勞動法》第九十二條中的「依照刑法第×條的規定」、「比照刑法第×條的規定」修改為「依照刑法有關規定」。
其他不變。
希望我的回答能對你有所幫助。
❾ 中華人民共和國勞動法哪個版本好些(簡潔or通俗易懂)
勞動法來只有一個版本,不會源有第二個,所謂注釋版,並不是勞動法,而是對勞動法裡面的具體條款,對於理解和執行中,發生不明白的,難以理解的,進行進一步的闡述和解釋,是一個輔助工具書,並不是勞動法。如果你想加深對勞動法的理解,建議你購買注釋版。裡面的內容詳細些。如果你想要簡單的,那麼就是勞動法,唯一的版本。