劳动法英文参考文献
A. 求2008新劳动法英文版本
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS
Adopted at the 28th Session of the Standing Committee of the 10th National People's Congress on June 29, 2007
Effective from January 1, 2008
By Baker & MCKenzie
CHAPTER 1 GENERAL PROVISIONS
Article 1
This Law has been formulated in order to improve the employment contract system, to specify the rights and obligations of the parties to employment contracts, to protect the lawful rights and interests of Employees and to build and develop harmonious and stable employment relationships.
Article 2
This Law governs the establishment of employment relationships between, and the conclusion, performance, amendment, termination and ending of employment contracts by, organizations such as enterprises, indivial economic organizations and private non-enterprise units in the People’s Republic of China (“”) on the one hand and Employees in the People’s Republic of China on the other hand.
The conclusion, performance, amendment, termination and ending of employment contracts by state authorities, institutions or social organizations on the one hand and Employees with whom they establish employment relationships on the other hand, shall be handled pursuant to this Law.
Article 3
The conclusion of employment contracts shall comply with the principles of lawfulness, fairness, equality, free will, negotiated consensus and good faith.
A lawfully concluded employment contract is binding, and both the Employer and the Employee shall perform their respective obligations stipulated therein.
Article 4
Employers shall establish and improve internal rules and regulations, so as to ensure that Employees enjoy their labor rights and perform their labor obligations.
When an Employer formulates, revises or decides on rules and regulations, or material matters, that have a direct bearing on the immediate interests of its Employees, such as those concerning compensation, work hours, rest, leave, work safety and hygiene, insurance, benefits, employee training, work discipline or work quota management, the same shall be discussed by the employee representative congress or all the employees. The employee representative congress or all the employees, as the case may be, shall put forward a proposal and comments, whereupon the matter shall be determined through consultations with the Trade union or employee representatives concted on a basis of equality.
If, ring the implementation of an Employer’s rule or regulation or decision on a crucial matter, the Trade union or an employee is of the opinion that the same is inappropriate, it or he is entitled to communicate such opinion to the Employer, and the rule, regulation or decision shall be improved by making amendments after consultations.
Rules and regulations, and decisions on material matters, that have a direct bearing on the immediate interests of Employees shall be made public or be communicated to the Employees by the Employer.
Article 5
The labor administration authorities of People’s Governments at the county level and above, together with the Trade union and enterprise representatives, shall establish a comprehensive tri-partite mechanism for the coordination of employment relationships, in order to jointly study and resolve major issues concerning employment relationships.
Article 6
A Trade union shall assist and guide Employees in the conclusion of employment contracts with their Employer and the performance thereof in accordance with the law, and establish a collective bargaining mechanism with the Employer in order to safeguard the lawful rights and interests of Employees.
CHAPTER 2 CONCLUSION OF EMPLOYMENT CONTRACTS
Article 7
B. 劳动合同法怎么写在参考文献里格式是什么样的
“劳动合同法”是一部法律，直接引用。用书名号括起来《中华人民共和回国劳动合同法》（答图书编号:2370201 ；出版社:民主法制出版社；ISBN:780219222出版日期:2007-06-01 ）
C. 劳动法方面的英文参考文献
1、Joseph Mc Guire,Business and Society,New York:McGraw-Hill,1963
2、 James .Brummer,Coporate Responsibility and Lgitimacy,Greenwood Press,1991
3、tames E.post,William C.Frederick,Anne T.Lawrence & James Weber,Business and society: Corporate Strategy Public Policy, Ethics (Eightth edition) , McGraw-Hill, 1966
4、M.Firedman,The Social Responsibility of Business Is to Increase Its profits[J].New York Times Magazine,Sep,13,1970.
5、Oliver Sheldon, The Philosophy of Management(1924)
6、美E·博登海默著 《法理学——法律哲学与法律方法》 邓正来译 中国政法大学出版社1999年版
朋友，您看看这些行不？
D. 关于劳动法的外文文献。关于劳动合同特征之类的，谢谢、急急！！！
楼主能否帮忙发一份给我，毕业论文急用，非常感谢！我的邮箱是：[email protected]
E. 急求！！！！英文版 关于贯彻执行<中华人民共和国劳动法>若干问题的意见
没听说过还有英文来版的自。
法律规定，要求措辞很严谨的，翻译成英文很难准确地表达原意，翻译的人必须了解中国和西方相应国家的法律。
在《劳动法》中“应该”，表达的意思是“必须”。可是在西方国家却并非如此。所以如果翻译成英文，肯定就走样了，必须以中文的愿意为依据。
可以找个熟悉劳动政策的专家，将有关条款解释一下，翻译在场与专家沟通清楚具体的意思表示后，再翻译成英文。你所说109号文是1995年的，一共100条，又称为“一百条”，很多规定都过时了，有些条款对外企没有用，现成英文版的可能性几乎为零。
F. 谁有劳动法的英文版本
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.
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CHAPTER VI. OCCUPATIONAL SAFETY AND HEALTH
Section 52. The employing unit must establish and perfect the system for occupational safety and health, strictly implement the rules and standards of the State on occupational safety and health, ecate laborers on occupational safety and health, prevent accidents in the process of work, and r
G. 拜求一篇3000字左右的英文文章，主要内容得是和劳动合同法有关！！！！
国外无期限劳动合同
Legislative point of view from abroad, non-fixed term labor contract was unanimously endorsed by the labor contract for the normal, labor relations are the existence of the general form, as long as there is no legal case to terminate the contract unilaterally, labor relations have been continued until retired workers . Promulgated by the EU in 1999 on the protection of fixed-term labor contracts of employees Directive (1999/70/EU) clearly states: "No fixed-term labor contracts are the general form of labor relations, contribute to the protection of employee's livelihood, improve their occupational stability treatment and work. "Since 1982, French labor law clearly stipulates:" The enactment of the labor contract shall not determine the ration "(Labor Code, the law, section 121-5 of the Covenant). Employers and employees should normally be set no fixed deadline for the labor contract.
Above the EU regarding the protection of fixed-term labor contracts of employees Directive (1999/70/EU) clearly states: "fixed-term labor contract applicable to special circumstances, by members of the Legislative Council in accordance with the characteristics of the instry groups, in consultation with the views of employers and employees to determine its application the scope of its renewal. "French Labor Code provides that fixed-term employment contract only applies to the following circumstances: First, alternative sick leave, maternity leave, such as the suspension of the labor contract employees; are two changes in business activity in the seasonal or jobs on a temporary increase in the application; three are to address the problem of unemployment in some staff to enter into some special labor contracts, such as for long-term unemployed young people and to enter into mutual aid employment, adaptability and access to qualified labor contract (Code of Laws, section 122-1-1 of the Covenant). Code also explicitly cited the two fixed-term employment contract to prohibit the signing of the situation: First, the recruitment of employees by collective labor conflicts alternative (such as a strike) and to suspend the performance of the labor contract employees; two ministerial regulations are listed in a special on dangerous jobs (Article 122-3 of the Covenant). In addition, the ration of fixed-term employment contract and the renewal was also limited. Fixed-term employment contract can only be renewed once the renewal period of the original contract period plus the general should not exceed 18 months. After the expiry of fixed-term employment contract to continue the existence of labor relations, that is to have no fixed term labor contract relationship; on employers in a number of positions for an employee with a fixed labor contracts and also regarded as non-fixed term labor contract relationship; only because of the seasonal job, made a regular basis regardless of how the renewal of labor contracts are fixed-term employment contract (Article 122-1-2 of the Covenant). British labor law in order to implement the EU directive in 1999 to develop a fixed-term labor contract on the employee's Ordinance (October 1, 2002 come into operation). Under the Ordinance, the fixed-term labor contracts and the renewal of the initial period of total ration of no more than 4 years in general. More than four years after the labor relations continue to exist, unless the employer has objective reasons to justify the signing of a fixed-term contracts, shall be deemed non-fixed term labor contract. German labor law also requires the promotion of fixed-term labor contracts for periods of not longer than 18 months.
In the United States, both employers and employees what type of labor contract entered into without any coercion, the parties may be at a fixed period and no fixed term labor contract in one, while in Germany, France, on fixed-term labor contracts directly applicable to the case be restricted
翻译：
从国外立法来看，无固定期限的劳动合同被一致肯定为劳动合同的常态，是劳动关系存续的一般形式，只要不出现法定的单方解除合同的情形，劳动关系就一直接续下去，直到职工退休。欧盟1999年颁布的关于保护固定期限劳动合同雇员的指令（1999/70/EU）明确指出：“无固定期限的劳动合同是劳动关系的一般形式，有助于保护雇员的生活、改善其职业稳定性和工作待遇。”从1982年起，法国劳动法明确规定：“劳动合同的订立不得确定期限”（劳动法典法律编第121－5条）。雇主与雇员通常应当订立无固定期限的劳动合同。
欧盟上述关于保护固定期限劳动合同雇员的指令（1999/70/EU）明确指出：“固定期限的劳动合同适用于特殊情形下，由成员国立法根据行业的特点在征询劳资团体意见后确定其适用范围及其续延。”法国劳动法典规定定期劳动合同只能适用于下列情况之下：一是替代休病假、产假等劳动合同中止的雇员；二是企业经营活动变化时，在季节性或临时增加的工作岗位上适用；三是为解决某些人员失业问题而订立的某些特殊的劳动合同，如针对青年人和长期失业人员而订立的就业互助性、适应性和获得资格性的劳动合同（法典法律编第122－1－1条）。法典还明确列举了两种禁止签订定期劳动合同的情况：一是招聘雇员替代因集体劳动冲突（如罢工）而中止履行劳动合同的雇员；二是部颁规章所列的特别危险的工作岗位上（第122－3条）。此外，定期劳动合同的期限和续订也受到限制。定期劳动合同只能续订一次，续订期限加上原合同期限一般不得超过18个月。定期劳动合同期满后劳动关系继续存续的，即转为无固定期限劳动合同关系；雇主在多个岗位上与某一雇员连续订立定期劳动合同的情况，也视为无固定期限劳动合同关系；只有因季节性工作订立的定期劳动合同不论怎样续订，都是定期劳动合同（第122－1－2条）。英国劳动法为了落实欧盟1999年的指令制定了关于固定期限劳动合同雇员的条例（2002年10月1日起实施）。根据该条例，固定期限劳动合同的初始期限和续延期限总合一般不得超过4年。超过4年后劳动关系继续存在的，除非雇主有客观理由证明需要签订固定期限合同，否则即视为无固定期限的劳动合同关系。德国劳动促进法也要求固定期限劳动合同的期限不得长于18个月。
在美国，对劳资双方签订何种类型劳动合同无任何强制，当事人可在固定期限和无固定期限劳动合同中任选，而在德国、法国，对固定期限劳动合同的适用情形直接予以限制
H. 大家有新劳动法的英文版本吗
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.
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