Regulation on the Implementation of the Employment Contract Law of the People's Republic of China

Regulation on the Implementation of the Employment Contract Law of the People's Republic of China Order of the State Council of the People's Republic of China (No.535) The Regulation on the Implementation of the Employment Contract Law of the People's Republic of China, which was adopted at the 25th executive meeting of the State Council on September 3, 2008, is hereby promulgated, and shall come into force on the date of promulgation. Premier Wen Jiabao September 18, 2008 Regulation on the Implementation of the Employment Contract Law of the People's Republic of China Chapter I General Provisions Article 1 This Regulation is formulated to implement the Employment Contract Law of the People's Republic of China (hereinafter referred to as Employment Contract Law ). Article 2 The people's governments at all levels, the labor administrative departments of the people's governments at or above the county level, and the labor unions, etc. shall take steps to promote the implementation of the Employment Contract Law and develop a harmonious employment relationship. Article 3 Legally established accounting firms, law firms and other partnerships and foundations are employers defined in the Employment Contract Law . Chapter II Conclusion of Employment Contracts Article 4 A branch office established by an employer as defined in the Employment Contract Law which has obtained its business license or registration certificate according to law may conclude employment contracts with employees in the name of an employer; if it has failed to obtained a business license or registration certificate, it may conclude employment contracts with employees only upon the authorization of the employer. Article 5 Where any employee, after being notified by the employer in writing, fails to conclude a written employment contract with the employer within one month from the day when he is employed, the employer shall terminate the employment relationship with the employee and notify the employee in writing, in which case, the employer is not required to make any economic compensation to the employee, but shall pay the employee for his actual working time. Article 6 Where an employer fails to conclude a written employment contract with an employee after the lapse of more than one month but less than one year from the date when the employee is employed, it shall pay to the worker his monthly wages in double amount according to Article 82 of the Employment Contract Law , and shall conclude a written employment contract with the employee. Where an employee refuses to conclude a written employment contract with his employer, the employer shall terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee according to Article 4 7 of the Employment Contract Law . The start time of the period when an employer is required to pay an employee his monthly wages in double amount shall be the day following the full month from the day when the employee is employed, and the end time shall be the day before the day when the written employment contract is concluded. Article 7 Where an employer fails to conclude a written employment contract with an employee after the lapse of one full year from the day when the employee is employed, under Article 82 of the Employment Contract Law , the employer shall pay his monthly wages in double amount from the day next to the lapse of a full month to the day before it is a full year since the employee's employment, and it shall be deemed that the employer has concluded an employment contract without a fixed term with the employee on the day when it is a full year since the employee's employment, and a written employment contract without a fixed term shall be concluded with the employee immediately. Article 8 The roster of employees as mentioned in Article 7 of the Employment Contract Law shall contain the employees' name, gender, citizen's identity number, registered permanent residence address and current address, contact information, form of employment, start time of employment, and term of the employment contract, etc. Article 9 The start time of the term “10 consecutive years” as mentioned in Paragraph 2 of Article 14 of the Employment Contract Law shall be the day when the employer hired the employee, including the time of employment before the Employment Contract Law came into force. Article 10 Where an employee is transferred to a new employer for reasons not attributable to himself, his working time with the original employer shall be consolidated into his working time with the new employer. If the original employer has made economic compensations for his working time with the original employer, the new employer shall not consider the employee's working time with the original employer when calculating economic compensations made to such employee for dissolving or terminating the employment contract with him. Article 11 Where an employee proposes the conclusion of an employment contract without a fixed term with the employer under Paragraph 2, Article 14 of the Employment Contract Law , the employer shall conclude an employment contract without a fixed term with him, unless it is otherwise agreed to by both parties. The contents of an employment contract shall be determined by both parties under the principles of legality, equity, free will, consensus and good faith. Any dispute over the contents shall be settled according to Article 18 of the Employment Contract Law . Article 12 For the public welfare posts arranged by the local people's governments at various levels and the relevant departments of the ......