上海法律培训网
上海律师网
设为首页 · · 联系我们
news-top
中华人民共和国劳动合同法(英文版)
日期:2008年2月14日
Article 32
Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.
Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.
Article 33
Changes such a change in the name, legal representative or main person in charge of, or an (the) investor(s) in, an Employer shall not affect the performance of its employment contracts.
Article 34
If an Employer is merged or divided, etc., its existing employment contracts shall remain valid and continue to be performed by the Employer(s) which succeeded to its rights and obligations
Article 35
An Employer and a Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing.
The Employer and the Employee shall each hold one copy of the amended employment contract.
CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS
Article 36
An Employer and a Employee may terminate their employment contract if they so agree after consultations.
Article 37
A Employee may terminate his employment contract upon 30 days’ prior written notice to his Employer. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior notice.
Article 38
A Employee may terminate his employment contract if his Employer:
(1) Fails to provide the labor protection or working conditions specified in the employment contract;
(2) Fails to pay labor compensation in full and on time;
(3) Fails to pay the social insurance premiums for the Employee in accordance with the law;
(4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests;
(5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof;
(6) Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract.
If an Employer uses violence, threats or unlawful restriction of personal freedom to compel a Employee to work, or if a Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the Employer.
Article 39
An Employer may terminate an employment contract if the Employee:
(1) Is proved during the probation period not to satisfy the conditions for employment;
(2) Materially breaches the Employer’s rules and regulations;
(3) Commits serious dereliction of duty or practices graft, causing substantial damage to the Employer;
(4) has additionally established an employment relationship with another Employer which materially affects the completion of his tasks with the first-mentioned Employer, or he refuses to rectify the matter after the same is brought to his attention by the Employer;
(5) causes the employment contract to be invalid due to the circumstance specified in item (1) of the first paragraph of Article 26 hereof; or
(6) Has his criminal liability pursued in accordance with the law.
Article 40
An Employer may terminate an employment contract by giving the Employee himself 30 days’ prior written notice, or one month’s wage in lieu of notice, if:
(1) after the set period of medical care for an illness or non-work-related injury, the Employee can engage neither in his original work nor in other work arranged for him by his Employer;
(2) The Employee is incompetent and remains incompetent after training or adjustment of his position; or

本条共有13页  上一页 1 2 3 4 5 6 7 8 9 10 11 12 13 下一页