Chapter 1 General Provisions

Article 1: In order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations, this Law is formulated.

Article 2: This Law shall apply to enterprises, individual economic organizations, private non enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as employers) that establish labor relations with employees, enter into, perform, modify, terminate or rescind labor contracts. State organs, public institutions, social organizations, and workers who establish labor relations with them shall enter into, perform, modify, terminate or rescind labor contracts in accordance with this Law.

Article 3: The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, and good faith. The labor contract concluded in accordance with the law has binding force, and the employer and the employee shall fulfill the obligations stipulated in the labor contract.

Article 4: Employers shall establish and improve labor rules and regulations in accordance with the law, ensuring that workers enjoy labor rights and fulfill labor obligations. When formulating, modifying, or deciding on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, the employer shall consult with the workers' congress or all employees, propose plans and opinions, and negotiate and determine them on an equal footing with the trade union or workers' representatives. In the process of implementing rules and regulations and major decisions, if the trade union or employees consider it inappropriate, they have the right to raise it to the employer and modify and improve it through consultation. Employers shall publicize or inform employees of rules, regulations, and major decisions that directly affect their immediate interests.

Article 5: The labor administrative departments of the people's governments at or above the county level, together with representatives from trade unions and enterprises, shall establish and improve a tripartite mechanism for coordinating labor relations, and jointly study and solve major issues related to labor relations.

Article 6: Trade unions shall assist and guide workers in lawfully entering into and fulfilling labor contracts with employers, and establish collective bargaining mechanisms with employers to safeguard the legitimate rights and interests of workers.

Chapter 2: Conclusion of Labor Contracts

Article 7: The employer shall establish a labor relationship with the employee from the date of employment. Employers shall establish a register of employees for future reference. Article 8: When recruiting workers, the employer shall truthfully inform the workers of the job content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information requested by the workers; The employer has the right to know the basic information directly related to the employee and the labor contract, and the employee shall truthfully explain it.

Article 9: Employers shall not withhold the resident identity cards and other documents of employees when recruiting them, nor shall they require employees to provide guarantees or collect property from them in any other name.

Article 10: When establishing a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and an employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 11: If the employer fails to conclude a written labor contract at the same time as the employment and the agreed labor remuneration with the employee is unclear, the labor remuneration of the newly recruited employee shall be implemented in accordance with the standards stipulated in the collective contract; If there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 12: Labor contracts are divided into fixed-term labor contracts, open-ended labor contracts, and labor contracts with a term based on completing certain work tasks.

Article 13: A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time of the contract. Employers and employees may enter into fixed-term labor contracts through consultation and agreement.

Article 14: An open-ended labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time. Employers and employees may enter into open-ended labor contracts upon mutual agreement. If an employee proposes or agrees to renew or enter into a labor contract under any of the following circumstances, an open-ended labor contract shall be entered into, except where the employee proposes to enter into a fixed-term labor contract:

（1） The employee has worked continuously for the employer for at least ten years;

（2） When an employer first implements the labor contract system or when a state-owned enterprise is restructured and re enters into a labor contract, if the employee has worked continuously for the employer for at least ten years and is less than ten years away from the statutory retirement age;

（3） If a fixed-term labor contract is continuously concluded for two times and the employee does not fall under the circumstances stipulated in Article 39 and Article 40 (1) and (2) of this Law, the labor contract shall be renewed. If the employer fails to enter into a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an open-ended labor contract.

Article 15: A labor contract with the completion of a certain task as the deadline refers to a labor contract in which the employer and the employee agree to the completion of a certain task as the contract deadline. Employers and employees may enter into labor contracts with a deadline for completing certain work tasks through consultation and agreement.

Article 16: A labor contract shall come into effect upon the agreement of the employer and the employee through consultation, and upon the signature or seal of the employer and the employee on the text of the labor contract. The text of the labor contract shall be held by both the employer and the employee.

Article 17: Labor contracts shall include the following clauses:

（1） The name, address, and legal representative or main person in charge of the employer;

（2） The name, address, and resident ID card or other valid identification number of the worker;

（3） Term of labor contract;

（4） Job responsibilities and location;

（5） Working hours and rest and vacation;

（6） Labor remuneration;

（7） Social insurance;

（8） Labor protection, working conditions, and occupational hazard prevention;

（9） Other matters that should be included in the labor contract as stipulated by laws and regulations.

In addition to the essential clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance, and welfare benefits in the labor contract.

Article 18: If the labor contract does not clearly stipulate standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not specify labor remuneration, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not specify labor conditions and other standards, relevant national regulations shall apply.

Article 19: If the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period for labor contracts with a fixed term of three years or more and those without a fixed term shall not exceed six months. The same employer and the same employee can only agree on one probationary period. A labor contract with a deadline of completing certain work tasks or a labor contract period of less than three months shall not stipulate a probationary period. The probationary period is included in the term of the labor contract. If the labor contract only stipulates a probationary period, the probationary period shall not be valid and shall be the term of the labor contract.

Article 20: During the probationary period, the salary of the employee shall not be lower than 80% of the minimum wage for the same position in the unit or the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard in the location of the employer.

Article 21: During the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40 (1) and (2) of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Article 22: If an employer provides special training expenses for its employees and provides them with professional and technical training, it may enter into an agreement with the employee to specify the service period. If an employee violates the service period agreement, they shall pay a penalty to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required by the employer from the employee shall not exceed the training expenses that should be shared for the unfulfilled portion of the service period. If the employer and the employee agree on a service period, it shall not affect the normal wage adjustment mechanism to increase the employee's remuneration during the service period.

Article 23: The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property confidential. Employers may stipulate non compete clauses with employees who have confidentiality obligations in their labor contracts or confidentiality agreements, and agree to provide economic compensation to employees on a monthly basis during the non compete period after the termination of the labor contract. If an employee violates the non compete agreement, they shall pay a penalty to the employer in accordance with the agreement.

Article 24: The personnel subject to non compete restrictions are limited to senior management personnel, senior technical personnel, and other personnel with confidentiality obligations of the employer. The scope, territory, and duration of non compete restrictions shall be agreed upon by the employer and the employee, and the agreement on non compete restrictions shall not violate the provisions of laws and regulations. After the termination or cancellation of the labor contract, the non compete period for the personnel specified in the preceding paragraph to go to other employers that have a competitive relationship with the production or operation of similar products or engage in similar business with this unit, or to start their own business to produce or operate similar products or engage in similar business, shall not exceed two years.

Article 25: Except as provided in Articles 22 and 23 of this Law, the employer shall not agree with the employee to bear the penalty for breach of contract.

Article 26: The following labor contracts are invalid or partially invalid:

（1） By means of fraud, coercion, or taking advantage of someone's vulnerability, causing the other party to enter into or modify a labor contract against their true intentions;

（2） Employers exempt themselves from legal responsibilities and exclude the rights of workers;

（3） Violating mandatory provisions of laws and administrative regulations. If there is a dispute over the invalidity or partial invalidity of a labor contract, it shall be confirmed by a labor dispute arbitration institution or a people's court.

Article 27: If a labor contract is partially invalid and does not affect the validity of other parts, the other parts shall remain valid.

Article 28: If a labor contract is confirmed invalid and the employee has already performed labor, the employer shall pay the employee labor remuneration. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.

Chapter 3 Performance and Amendment of Labor Contracts

Article 29: Employers and employees shall fully fulfill their respective obligations in accordance with the provisions of the labor contract.

Article 30: Employers shall timely and fully pay labor remuneration to employees in accordance with the provisions of the labor contract and national regulations. If an employer delays or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 31: Employers shall strictly implement labor quota standards and shall not force or indirectly force workers to work overtime. Employers who arrange overtime shall pay overtime pay to employees in accordance with relevant national regulations.

Article 32: If a worker refuses to comply with the employer's management personnel's illegal instructions or orders to engage in risky operations, it shall not be deemed a violation of the labor contract. Workers have the right to criticize, report, and accuse employers of working conditions that endanger their life safety and physical health.

Article 33: Changes in the name, legal representative, main person in charge, or investor of an employer shall not affect the performance of the labor contract.

Article 34: In the event of a merger or division of an employer, the original labor contract shall remain valid, and the labor contract shall be continued to be performed by the employer who inherits its rights and obligations.

Article 35: The employer and the employee may change the contents of the labor contract upon mutual agreement. Changes to labor contracts shall be made in writing. The revised labor contract text shall be held by both the employer and the employee.

Chapter 4 Termination and Cancellation of Labor Contracts

Article 36: The employer and the employee may terminate the labor contract upon mutual agreement.

Article 37: An employee may terminate a labor contract by giving written notice to the employer thirty days in advance. During the probationary period, the employee may terminate the labor contract by giving three days' prior notice to the employer.

Article 38: If an employer falls under any of the following circumstances, the employee may terminate the labor contract:

（1） Failure to provide labor protection or working conditions as stipulated in the labor contract;

（2） Failure to timely and fully pay labor remuneration;

（3） Failure to pay social insurance premiums for workers in accordance with the law;

（4） The rules and regulations of the employer violate the provisions of laws and regulations, and harm the rights and interests of workers;

（5） If the labor contract is rendered invalid due to the circumstances stipulated in Article 26, Paragraph 1 of this Law;

（6） Other circumstances stipulated by laws and administrative regulations that allow workers to terminate labor contracts. If an employer forces a worker to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer illegally commands or forces risky operations that endanger the worker's personal safety, the worker may immediately terminate the labor contract without prior notice to the employer.

Article 39: If an employee falls under any of the following circumstances, the employer may terminate the labor contract:

（1） Those who are proven to be ineligible for employment during the probationary period;

（2） Serious violation of the rules and regulations of the employer;

（3） Serious dereliction of duty, embezzlement, and causing significant damage to the employer;

（4） The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after being requested by the employer;

（5） If the labor contract is rendered invalid due to the circumstances specified in Article 26, Paragraph 1, Item 1 of this Law;

（6） Those who are held criminally responsible according to law.

Article 40: In any of the following circumstances, the employer may terminate the labor contract by giving written notice to the employee thirty days in advance or by paying the employee an additional month's salary:

（1） If a worker suffers from illness or non work related injury and is unable to engage in their original job or work arranged by the employer after the prescribed medical treatment period has expired;

（2） The worker is not competent for the job and, after training or adjustment of the job position, still cannot perform the job;

（3） The objective circumstances on which the labor contract was based have undergone significant changes, resulting in the inability to perform the labor contract. After consultation between the employer and the employee, no agreement has been reached on changing the content of the labor contract.

Article 41: In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report the layoff plan to the labor administrative department before laying off personnel:

（1） Reorganizing in accordance with the provisions of the Enterprise Bankruptcy Law;

（2） Serious difficulties occur in production and operation;

（3） Enterprises that need to lay off employees after changing their labor contracts due to changes in production, major technological innovations, or adjustments in business models;

（4） Other significant changes in the objective economic conditions on which the labor contract was based at the time of its conclusion result in the inability to perform the labor contract.

When reducing personnel, priority should be given to retaining the following personnel:

（1） Entering into a fixed-term labor contract with this unit for a longer period of time;

（2） Entering into an open-ended labor contract with this unit;

（3） If there are no other employed individuals in the family and there are elderly or minors in need of support. If an employer reduces personnel in accordance with the provisions of the first paragraph of this article and re recruits personnel within six months, it shall notify the laid-off personnel and give priority to recruiting the laid-off personnel under the same conditions.

Article 42: If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

（1） Workers engaged in occupational disease hazard operations who have not undergone pre departure occupational health examinations, or suspected occupational disease patients who are under diagnosis or medical observation; （2） Those who suffer from occupational diseases or work-related injuries in this unit and are confirmed to have lost or partially lost their ability to work;

（3） Illness or non work related injury within the prescribed medical treatment period;

（4） Female employees during pregnancy, childbirth, and lactation;

（5） Those who have worked continuously in this unit for at least fifteen years and are less than five years away from the statutory retirement age;

（6） Other circumstances stipulated by laws and administrative regulations.

Article 43: If an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates laws, administrative regulations, or labor contract provisions, the trade union has the right to demand that the employer rectify the situation. The employer shall study the opinions of the trade union and notify the trade union in writing of the handling results.

Article 44: If any of the following circumstances occur, the labor contract shall be terminated:

（1） The labor contract has expired;

（2） Workers who have started to enjoy basic pension insurance benefits in accordance with the law;

（3） The worker dies, or is declared dead or missing by the people's court;

（4） The employer is declared bankrupt in accordance with the law;

（5） The employer has its business license revoked, ordered to close down, revoked, or has decided to dissolve in advance;

（6） Other circumstances stipulated by laws and administrative regulations.

Article 45: If a labor contract expires and falls under any of the circumstances stipulated in Article 42 of this Law, the labor contract shall be extended until the corresponding circumstances disappear and terminated. However, Article 42, Paragraph 2 of this Law stipulates that the termination of the labor contract of a worker who has lost or partially lost their ability to work shall be carried out in accordance with the relevant provisions of the state on work-related injury insurance.

Article 46: In any of the following circumstances, the employer shall pay economic compensation to the employee:

（1） If the employee terminates the labor contract in accordance with Article 38 of this Law;

（2） If the employer proposes to terminate the labor contract with the employee in accordance with Article 36 of this Law and reaches a consensus with the employee to terminate the labor contract through consultation;

（3） If the employer terminates the labor contract in accordance with Article 40 of this Law;

（4） If the employer terminates the labor contract in accordance with the provisions of Article 41, paragraph 1 of this Law;

（5） Except for the situation where the employer maintains or increases the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it, the fixed-term labor contract shall be terminated in accordance with the provisions of Article 44, Paragraph 1 of this Law;

（6） Termination of a labor contract in accordance with the provisions of Article 44, paragraphs 4 and 5 of this Law;

（7） Other circumstances stipulated by laws and administrative regulations.

Article 47: Economic compensation shall be paid to employees based on the number of years they have worked in the unit, with one month's salary paid for each full year. If it is more than six months but less than one year, it shall be calculated as one year; For those who are less than six months old, economic compensation of half a month's salary shall be paid to the worker. If the monthly salary of an employee is higher than three times the average monthly salary of employees in the local area announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to them shall be based on three times the average monthly salary of employees, and the maximum period for paying economic compensation to them shall not exceed twelve years. The monthly salary referred to in this article refers to the average salary of the employee for the twelve months prior to the termination or cancellation of the labor contract.

Article 48: If an employer terminates or rescinds a labor contract in violation of the provisions of this Law and the employee requests to continue performing the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued to be performed, the employer shall pay twice the compensation in accordance with Article 87 of this Law.

Article 49: The state shall take measures to establish and improve a system for the transfer and continuation of social insurance relationships among workers across regions.

Article 50: The employer shall issue a certificate of termination or cancellation of the labor contract upon termination or cancellation, and handle the transfer procedures of the employee's files and social insurance relationship within fifteen days. The worker shall handle the handover of work in accordance with the agreement between both parties. If the employer is required to pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall be paid upon completion of the work handover. Employers shall keep the text of labor contracts that have been terminated or terminated for at least two years for future reference.

Chapter 5 Special Provisions

Section 1 Collective Agreement

Article 51: Employees of an enterprise may enter into a collective contract with the employer through equal consultation on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare. The draft collective contract shall be submitted to the workers' congress or all employees for discussion and approval. Collective contracts are entered into by the trade union on behalf of the employees of the enterprise and the employer; For employers who have not yet established a trade union, representatives elected by workers under the guidance of the higher-level trade union shall enter into agreements with the employer.

Article 52: Enterprise employees and employers may enter into special collective contracts for labor safety and health, protection of female employees' rights and interests, wage adjustment mechanisms, etc.

Article 53: In areas below the county level, industries such as construction, mining, and catering services may enter into industry-specific collective contracts or regional collective contracts with representatives of trade unions and enterprises.

Article 54: After the conclusion of a collective contract, it shall be submitted to the labor administrative department; If the labor administrative department does not raise any objections within fifteen days from the date of receiving the collective contract text, the collective contract shall come into effect immediately. Collective contracts concluded in accordance with the law have binding force on employers and workers. Industry specific and regional collective contracts are binding on local employers and workers in their respective industries and regions.

Article 55: The standards for labor remuneration and working conditions in collective contracts shall not be lower than the minimum standards set by the local people's government; The labor remuneration and working conditions standards in the labor contract signed between the employer and the employee shall not be lower than the standards stipulated in the collective contract.

Article 56: If an employer violates a collective contract and infringes upon the labor rights and interests of employees, the trade union may demand that the employer assume responsibility in accordance with the law; If a dispute arises from the performance of a collective contract and cannot be resolved through negotiation, the trade union may apply for arbitration or file a lawsuit in accordance with the law.

Section 2: Labor Dispatch

Article 57: Labor dispatch units shall be established in accordance with relevant provisions of the Company Law, with a registered capital of not less than two million yuan.

Article 58: Labor dispatch units are referred to as employers in this Law and shall fulfill the obligations of employers to their employees. The labor contract signed between the labor dispatch unit and the dispatched worker shall not only specify the matters stipulated in Article 17 of this Law, but also the employing unit, dispatch period, job position, and other information of the dispatched worker. The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years and pay labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay them monthly remuneration in accordance with the minimum wage standard stipulated by the local people's government.

Article 59: Labor dispatch units shall enter into labor dispatch agreements with the units that accept employment in the form of labor dispatch (hereinafter referred to as the employing units) when dispatching workers. The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, dispatch period, amount and payment method of labor remuneration and social insurance premiums, as well as the responsibility for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit based on the actual needs of the job position, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60: Labor dispatch units shall inform the dispatched workers of the contents of the labor dispatch agreement. Labor dispatch units shall not withhold the labor remuneration paid by the employing unit to the dispatched workers in accordance with the labor dispatch agreement. Labor dispatch units and employing units shall not charge fees to dispatched workers.

Article 61: If a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the location of the employing unit.

Article 62: The employing unit shall fulfill the following obligations:

（1） Implement national labor standards, provide corresponding working conditions and labor protection;

（2） Notify the dispatched workers of their job requirements and remuneration;

（3） Pay overtime pay, performance bonuses, and provide welfare benefits related to the job position;

（4） Provide necessary training for dispatched workers on duty for their job positions;

（5） For continuous employment, a normal wage adjustment mechanism shall be implemented.

Employers are not allowed to reassign dispatched workers to other employers.

Article 63: Dispatched workers have the right to equal pay for equal work as workers of the employing unit. If the employing unit does not have workers in similar positions, the remuneration shall be determined based on the remuneration of workers in the same or similar positions in the place where the employing unit is located.

Article 64: Dispatched workers have the right to participate in or organize trade unions in labor dispatch units or employing units in accordance with the law, and to safeguard their legitimate rights and interests.

Article 65: Dispatched workers may terminate their labor contracts with the labor dispatching unit in accordance with the provisions of Articles 36 and 38 of this Law. If the dispatched worker falls under the circumstances stipulated in Article 39 and the first and second items of Article 40 of this Law, the employing unit may return the worker to the labor dispatching unit, and the labor dispatching unit may terminate the labor contract with the worker in accordance with relevant provisions of this Law.

Article 66: Labor dispatch is generally implemented in temporary, auxiliary, or substitute job positions.

Article 67: Employers shall not establish labor dispatch units to dispatch workers to their own or affiliated units.

Section 3 Part time Employment

Article 68: Part time employment refers to a form of employment where wages are mainly calculated by the hour, and workers generally work an average of no more than four hours per day and a cumulative weekly working time of no more than 24 hours in the same employer.

Article 69: Both parties to part-time employment may enter into an oral agreement. Workers engaged in part-time employment may enter into labor contracts with one or more employers; However, the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.

Article 70: The parties to a part-time employment shall not agree on a probationary period.

Article 71: Either party to a part-time employment contract may terminate the employment at any time by notifying the other party. Termination of employment, the employer shall not pay economic compensation to the employee.

Article 72: The hourly wage standard for part-time employment shall not be lower than the minimum hourly wage standard stipulated by the local people's government where the employer is located. The settlement and payment period for labor remuneration for part-time employment shall not exceed fifteen days.

Chapter 6 Supervision and Inspection

Article 73: The labor administrative department of the State Council is responsible for the supervision and management of the implementation of the national labor contract system. The labor administrative department of the local people's government at or above the county level is responsible for the supervision and management of the implementation of the labor contract system within its administrative region. The labor administrative departments of the people's governments at or above the county level shall listen to the opinions of trade unions, representatives of enterprises, and relevant industry supervisory departments in the supervision and management of the implementation of the labor contract system.

Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law:

（1） The establishment and implementation of rules and regulations directly related to the vital interests of workers by employers;

（2） The situation of the employer and the employee entering into and terminating labor contracts;

（3） The compliance of labor dispatch units and employing units with relevant regulations on labor dispatch;

（4） The compliance of employers with national regulations on working hours and rest and vacation for workers;

（5） The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

（6） The situation of employers participating in various social insurances and paying social insurance premiums;

（7） Other labor supervision matters stipulated by laws and regulations. [1]

Article 75: When the labor administrative departments of local people's governments at or above the county level carry out supervision and inspection, they have the right to consult materials related to labor contracts and collective agreements, and have the right to conduct on-site inspections of workplaces. Both employers and workers shall truthfully provide relevant information and materials. The staff of the labor administrative department shall present their credentials, exercise their powers in accordance with the law, and enforce the law in a civilized manner when conducting supervision and inspection.

Article 76: The relevant competent departments of construction, health, and safety production supervision and management of the people's governments at or above the county level shall, within their respective responsibilities, supervise and manage the implementation of the labor contract system by employers.

Article 77: If the legitimate rights and interests of workers are infringed upon, they have the right to request relevant departments to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 78: Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance of labor contracts and collective agreements by employers. If an employer violates labor laws, regulations, labor contracts, or collective agreements, the trade union has the right to put forward opinions or request correction; If workers apply for arbitration or file a lawsuit, the trade union shall provide support and assistance in accordance with the law.

Article 79: Any organization or individual has the right to report any violation of this Law. The labor administrative department of the people's government at or above the county level shall verify and handle it in a timely manner, and reward those who have made contributions to the report.

Chapter 7 Legal Liability

Article 80: If the rules and regulations of an employer that directly involve the vital interests of workers violate laws and regulations, the labor administrative department shall order correction and give a warning; Those who cause harm to workers shall be liable for compensation.

Article 81: If the labor contract text provided by the employer does not include the necessary clauses of the labor contract as stipulated in this Law, or if the employer fails to deliver the labor contract text to the employee, the labor administrative department shall order correction; Those who cause harm to workers shall be liable for compensation.

Article 82: If an employer fails to enter into a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. If an employer violates the provisions of this Law by not entering into an open-ended labor contract with an employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should have been entered into.

Article 83: If an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the illegally agreed probationary period has already been fulfilled, the employer shall pay compensation to the employee based on the employee's monthly salary during the probationary period, for the period exceeding the statutory probationary period that has already been fulfilled.

Article 84: If an employer violates the provisions of this Law by confiscating a worker's resident identity card or other identification documents, the labor administrative department shall order the return of the worker within a specified period of time and impose penalties in accordance with relevant laws and regulations. If an employer violates the provisions of this Law by collecting property from an employee under the guise of guarantee or other means, the labor administrative department shall order it to return the property to the employee within a specified period of time and impose a fine of not less than 500 yuan but not more than 2000 yuan per person; Those who cause harm to workers shall be liable for compensation. If an employee terminates or terminates their labor contract in accordance with the law and the employer seizes the employee's files or other items, they shall be punished in accordance with the provisions of the preceding paragraph.

Article 85: If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay, or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference should be paid; For those who fail to pay on time, the employer shall be ordered to pay additional compensation to the employee at a rate of no less than 50% and no more than 100% of the payable amount: (1) Failure to timely and fully pay the employee's labor remuneration in accordance with the provisions of the labor contract or national regulations; （2） Paying workers wages below the local minimum wage standard; （3） Arranging overtime without paying overtime pay; （4） Failure to pay economic compensation to the employee in accordance with this regulation for the termination or cancellation of the labor contract.

Article 86: If a labor contract is confirmed invalid in accordance with Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

Article 87: If an employer terminates or rescinds a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee at twice the economic compensation standard stipulated in Article 47 of this Law.

Article 88: If an employer falls under any of the following circumstances, administrative penalties shall be imposed in accordance with the law:; If a crime is committed, criminal responsibility shall be pursued in accordance with the law; Those who cause harm to workers shall be liable for compensation:

（1） Forcing labor through violence, threats, or illegal restriction of personal freedom;

（2） Commanding or forcing risky operations in violation of regulations that endanger the personal safety of workers.

（3） Insulting, physically punishing, assaulting, illegally searching or detaining workers;

（4） Poor working conditions and severe environmental pollution have caused serious harm to the physical and mental health of workers.

Article 89: If an employer violates the provisions of this Law by failing to provide written proof of termination or rescission of the labor contract to the employee, the labor administrative department shall order it to make corrections; Those who cause harm to workers shall be liable for compensation.

Article 90: If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non compete restrictions stipulated in the labor contract, causing losses to the employer, the employee shall be liable for compensation.

Article 91: If an employer hires an employee whose labor contract with another employer has not been terminated or terminated, and causes losses to the other employer, the employer shall bear joint and several liability for compensation.

Article 92: If a labor dispatch unit violates the provisions of this Law, the labor administrative department and other relevant competent departments shall order it to make corrections; For serious cases, a fine of not less than 1000 yuan but not more than 5000 yuan per person shall be imposed, and the business license shall be revoked by the administrative department for industry and commerce; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.

Article 93: Employers who do not have legal business qualifications shall be held legally responsible for their illegal and criminal acts in accordance with the law; If the worker has already put in labor, the unit or its investor shall pay the worker labor remuneration, economic compensation, and compensation in accordance with relevant provisions of this Law; Those who cause harm to workers shall be liable for compensation.

Article 94: If an individual contract operator violates the provisions of this Law by recruiting workers and causes damage to the workers, the contracting organization and the individual contractor shall bear joint and several liability for compensation.

Article 95: If the labor administrative department and other relevant competent departments and their staff neglect their duties, fail to perform their statutory responsibilities, or illegally exercise their powers, causing damage to workers or employers, they shall bear compensation liability; Directly responsible supervisors and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.

Chapter 8 Supplementary Provisions

Article 96: If a public institution enters into, performs, modifies, terminates, or rescinds a labor contract with a staff member who adopts an employment system, in accordance with laws, administrative regulations, or other provisions of the State Council, such provisions shall apply; For matters not specified, relevant provisions of this Law shall apply.

Article 97: Labor contracts that have been lawfully concluded before the implementation of this Law and exist on the date of implementation of this Law shall continue to be performed; The number of consecutive fixed-term labor contracts stipulated in Article 14, Paragraph 2, Item 3 of this Law shall be calculated from the time of the subsequent signing of fixed-term labor contracts after the implementation of this Law.

If a labor relationship has been established before the implementation of this Law but a written labor contract has not yet been concluded, it shall be concluded within one month from the date of implementation of this Law. If an existing labor contract is terminated or rescinded after the implementation of this Law and economic compensation should be paid in accordance with Article 46 of this Law, the period of economic compensation shall be calculated from the date of implementation of this Law; Prior to the implementation of this law, if the employer was required to pay economic compensation to the employee in accordance with relevant regulations at that time, the relevant regulations at that time shall apply.

Article 98: This Law shall come into effect on January 1, 2008.