Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

(2008年9月3日国务院第25次常务会议通过　2008年9月18日中华人民共和国国务院令第535号公布　自公布之日起施行)

(Adopted at the 25th Executive Meeting of the State Council on September 3, 2008, promulgated by Decree No. 535 of the State Council of the People's Republic of China on September 18, 2008, and effective as of the date of promulgation)

为了贯彻实施《中华人民共和国劳动合同法》(以下简称劳动合同法)，制定本条例。

These Regulations are formulated to implement the Labor Contract Law of the People's Republic of China (hereinafter referred to as the Labor Contract Law).

各级人民政府和县级以上人民政府劳动行政等有关部门以及工会等组织，应当采取措施，推动劳动合同法的贯彻实施，促进劳动关系的和谐。

People's governments at all levels, labor administrative departments and other relevant departments of people's governments at or above the county level, as well as trade unions and other organizations, shall take measures to promote the implementation of the Labor Contract Law and promote harmonious labor relations.

依法成立的会计师事务所、律师事务所等合伙组织和基金会，属于劳动合同法规定的用人单位。

Lawfully established accounting firms, law firms and other partnership organizations, as well as foundations, are employers as defined in the Labor Contract Law.

劳动合同法规定的用人单位设立的分支机构，依法取得营业执照或者登记证书的，可以作为用人单位与劳动者订立劳动合同；未依法取得营业执照或者登记证书的，受用人单位委托可以与劳动者订立劳动合同。

A branch established by an employer as defined in the Labor Contract Law that has lawfully obtained a business license or registration certificate may, as an employer, conclude a labor contract with a worker; if it has not lawfully obtained a business license or registration certificate, it may conclude a labor contract with a worker under the entrustment of the employer.

自用工之日起一个月内，经用人单位书面通知后，劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，无需向劳动者支付经济补偿，但是应当依法向劳动者支付其实际工作时间的劳动报酬。

If, within one month from the date of employment, after a written notice from the employer, the worker fails to conclude a written labor contract with the employer, the employer shall notify the worker in writing to terminate the labor relationship, without paying economic compensation to the worker, but shall pay the worker remuneration for the actual working time in accordance with the law.

用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的，应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并与劳动者补订书面劳动合同；劳动者不与用人单位订立书面劳动合同的，用人单位应当书面通知劳动者终止劳动关系，并依照劳动合同法第四十七条的规定支付经济补偿。

If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage in accordance with Article 82 of the Labor Contract Law and shall conclude a written labor contract with the worker retroactively; if the worker fails to conclude a written labor contract with the employer, the employer shall notify the worker in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

前款规定的用人单位向劳动者每月支付两倍工资的起算时间为用工之日起满一个月的次日，截止时间为补订书面劳动合同的前一日。

The starting date for the employer to pay the worker twice the monthly wage as specified in the preceding paragraph shall be the day following the date one month after the employment begins, and the ending date shall be the day before the written labor contract is retroactively concluded.

用人单位自用工之日起满一年未与劳动者订立书面劳动合同的，自用工之日起满一个月的次日至满一年的前一日应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资，并视为自用工之日起满一年的当日已经与劳动者订立无固定期限劳动合同，应当立即与劳动者补订书面劳动合同。

If an employer fails to conclude a written labor contract with a worker for one full year from the date of employment, it shall pay the worker twice the monthly wage in accordance with Article 82 of the Labor Contract Law for the period from the day following the date one month after employment begins to the day before the one-year anniversary, and shall be deemed to have concluded an open-ended labor contract with the worker on the day of the one-year anniversary, and shall immediately conclude a written labor contract with the worker retroactively.

劳动合同法第七条规定的职工名册，应当包括劳动者姓名、性别、公民身份号码、户籍地址及现住址、联系方式、用工形式、用工起始时间、劳动合同期限等内容。

The employee roster as specified in Article 7 of the Labor Contract Law shall include the worker's name, gender, citizen identity number, registered address and current address, contact information, form of employment, start date of employment, term of the labor contract, and other relevant information.

劳动合同法第十四条第二款规定的连续工作满10年的起始时间，应当自用人单位用工之日起计算，包括劳动合同法施行前的工作年限。

The starting date for the consecutive 10 years of work as specified in paragraph 2 of Article 14 of the Labor Contract Law shall be calculated from the date the employer employs the worker, including the years of work before the implementation of the Labor Contract Law.

劳动者非因本人原因从原用人单位被安排到新用人单位工作的，劳动者在原用人单位的工作年限合并计算为新用人单位的工作年限。原用人单位已经向劳动者支付经济补偿的，新用人单位在依法解除、终止劳动合同计算支付经济补偿的工作年限时，不再计算劳动者在原用人单位的工作年限。

If a worker is transferred from the original employer to a new employer for reasons not attributable to the worker, the worker's years of work at the original employer shall be combined into the years of work at the new employer. If the original employer has already paid economic compensation to the worker, the new employer shall no longer count the worker's years of work at the original employer when calculating the years of work for economic compensation upon lawful termination or expiration of the labor contract.

除劳动者与用人单位协商一致的情形外，劳动者依照劳动合同法第十四条第二款的规定，提出订立无固定期限劳动合同的，用人单位应当与其订立无固定期限劳动合同。对劳动合同的内容，双方应当按照合法、公平、平等自愿、协商一致、诚实信用的原则协商确定；对协商不一致的内容，依照劳动合同法第十八条的规定执行。

Except in cases where the worker and the employer reach a consensus through consultation, if the worker requests to conclude an open-ended labor contract in accordance with paragraph 2 of Article 14 of the Labor Contract Law, the employer shall conclude an open-ended labor contract with the worker. The content of the labor contract shall be determined through consultation between the parties in accordance with the principles of lawfulness, fairness, equality, voluntariness, consensus, and good faith; for matters on which consultation fails to reach an agreement, the provisions of Article 18 of the Labor Contract Law shall apply.

地方各级人民政府及县级以上地方人民政府有关部门为安置就业困难人员提供的给予岗位补贴和社会保险补贴的公益性岗位，其劳动合同不适用劳动合同法有关无固定期限劳动合同的规定以及支付经济补偿的规定。

For public welfare positions provided by local people's governments at all levels and relevant departments of local people's governments at or above the county level to place persons with employment difficulties, with job subsidies and social insurance subsidies, the labor contracts for such positions shall not be subject to the provisions of the Labor Contract Law regarding open-ended labor contracts and the payment of economic compensation.

用人单位与劳动者不得在劳动合同法第四十四条规定的劳动合同终止情形之外约定其他的劳动合同终止条件。

Employers and workers shall not agree on any other conditions for the termination of a labor contract beyond those specified in Article 44 of the Labor Contract Law.

劳动合同履行地与用人单位注册地不一致的，有关劳动者的最低工资标准、劳动保护、劳动条件、职业危害防护和本地区上年度职工月平均工资标准等事项，按照劳动合同履行地的有关规定执行；用人单位注册地的有关标准高于劳动合同履行地的有关标准，且用人单位与劳动者约定按照用人单位注册地的有关规定执行的，从其约定。

If the place of performance of the labor contract is inconsistent with the place of registration of the employer, matters such as the minimum wage standard, labor protection, working conditions, occupational hazard protection, and the local average monthly wage of the previous year shall be implemented in accordance with the relevant provisions of the place of performance; if the relevant standards of the place of registration of the employer are higher than those of the place of performance, and the employer and the worker have agreed to implement the relevant standards of the place of registration, such agreement shall prevail.

劳动者在试用期的工资不得低于本单位相同岗位最低档工资的80%或者不得低于劳动合同约定工资的80%，并不得低于用人单位所在地的最低工资标准。

The wage of a worker during the probation period shall not be less than 80% of the minimum wage for the same position in the same unit or 80% of the wage agreed in the labor contract, and shall not be less than the minimum wage standard of the place where the employer is located.

劳动合同法第二十二条第二款规定的培训费用，包括用人单位为了对劳动者进行专业技术培训而支付的有凭证的培训费用、培训期间的差旅费用以及因培训产生的用于该劳动者的其他直接费用。

The training expenses as specified in paragraph 2 of Article 22 of the Labor Contract Law include the documented training expenses paid by the employer for providing professional technical training to the worker, travel expenses during the training period, and other direct expenses incurred for the worker due to the training.

劳动合同期满，但是用人单位与劳动者依照劳动合同法第二十二条的规定约定的服务期尚未到期的，劳动合同应当续延至服务期满；双方另有约定的，从其约定。

If a labor contract expires but the service period agreed between the employer and the worker in accordance with Article 22 of the Labor Contract Law has not yet expired, the labor contract shall be extended until the service period expires; if the parties have otherwise agreed, such agreement shall prevail.

有下列情形之一的，依照劳动合同法规定的条件、程序，劳动者可以与用人单位解除固定期限劳动合同、无固定期限劳动合同或者以完成一定工作任务为期限的劳动合同：

Under any of the following circumstances, in accordance with the conditions and procedures specified in the Labor Contract Law, a worker may dissolve a fixed-term labor contract, an open-ended labor contract, or a labor contract with a term based on the completion of a certain task:

(一)劳动者与用人单位协商一致的；

(1) The worker and the employer reach a consensus through consultation;

(二)劳动者提前30日以书面形式通知用人单位的；

(2) The worker notifies the employer in writing 30 days in advance;

(三)劳动者在试用期内提前3日通知用人单位的；

(3) The worker notifies the employer 3 days in advance during the probation period;

(四)用人单位未按照劳动合同约定提供劳动保护或者劳动条件的；

(4) The employer fails to provide labor protection or working conditions as agreed in the labor contract;

(五)用人单位未及时足额支付劳动报酬的；

(5) The employer fails to pay labor remuneration in full and on time;

(六)用人单位未依法为劳动者缴纳社会保险费的；

(6) The employer fails to pay social insurance premiums for the worker in accordance with the law;

(七)用人单位的规章制度违反法律、法规的规定，损害劳动者权益的；

(7) The employer's rules and regulations violate laws or regulations, harming the worker's rights and interests;

(八)用人单位以欺诈、胁迫的手段或者乘人之危，使劳动者在违背真实意思的情况下订立或者变更劳动合同的；

(8) The employer, by means of fraud, coercion, or taking advantage of the worker's difficulties, causes the worker to conclude or modify the labor contract contrary to their true intentions;

(九)用人单位在劳动合同中免除自己的法定责任、排除劳动者权利的；

(9) The employer exempts itself from legal responsibilities or excludes the worker's rights in the labor contract;

(十)用人单位违反法律、行政法规强制性规定的；

(10) The employer violates mandatory provisions of laws or administrative regulations;

(十一)用人单位以暴力、威胁或者非法限制人身自由的手段强迫劳动者劳动的；

(11) The employer forces the worker to work by means of violence, threats, or illegal restriction of personal freedom;

(十二)用人单位违章指挥、强令冒险作业危及劳动者人身安全的；

(12) The employer gives commands in violation of regulations or forces risky operations, endangering the worker's personal safety;

(十三)法律、行政法规规定劳动者可以解除劳动合同的其他情形。

(13) Other circumstances under which laws or administrative regulations allow the worker to dissolve the labor contract.

有下列情形之一的，依照劳动合同法规定的条件、程序，用人单位可以与劳动者解除固定期限劳动合同、无固定期限劳动合同或者以完成一定工作任务为期限的劳动合同：

Under any of the following circumstances, in accordance with the conditions and procedures specified in the Labor Contract Law, an employer may dissolve a fixed-term labor contract, an open-ended labor contract, or a labor contract with a term based on the completion of a certain task:

(一)用人单位与劳动者协商一致的；

(1) The employer and the worker reach a consensus through consultation;

(二)劳动者在试用期间被证明不符合录用条件的；

(2) The worker is proven not to meet the recruitment conditions during the probation period;

(三)劳动者严重违反用人单位的规章制度的；

(3) The worker seriously violates the employer's rules and regulations;

(四)劳动者严重失职，营私舞弊，给用人单位造成重大损害的；

(4) The worker is seriously negligent in duties, engages in malpractice for personal gain, causing significant damage to the employer;

(五)劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的；

(5) The worker simultaneously establishes a labor relationship with another employer, seriously affecting the completion of tasks for the employer, or refuses to correct after being requested by the employer;

(六)劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思的情况下订立或者变更劳动合同的；

(6) The worker, by means of fraud, coercion, or taking advantage of the employer's difficulties, causes the employer to conclude or modify the labor contract contrary to its true intentions;

(七)劳动者被依法追究刑事责任的；

(7) The worker is subject to criminal liability in accordance with the law;

(八)劳动者患病或者非因工负伤，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作的；

(8) The worker is ill or injured for non-work-related reasons, and after the prescribed medical treatment period, is unable to perform the original work or any other work arranged by the employer;

(九)劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的；

(9) The worker is incompetent for the position, and after training or adjustment of the position, remains incompetent;

(十)劳动合同订立时所依据的客观情况发生重大变化，致使劳动合同无法履行，经用人单位与劳动者协商，未能就变更劳动合同内容达成协议的；

(10) The objective circumstances on which the labor contract was based have undergone significant changes, making the contract unperformable, and the employer and the worker fail to reach an agreement on modifying the contract after consultation;

(十一)用人单位依照企业破产法规定进行重整的；

(11) The employer undergoes reorganization in accordance with the Enterprise Bankruptcy Law;

(十二)用人单位生产经营发生严重困难的；

(12) The employer experiences serious difficulties in production and operation;

(十三)企业转产、重大技术革新或者经营方式调整，经变更劳动合同后，仍需裁减人员的；

(13) The enterprise changes its production, undergoes major technological innovation, or adjusts its business model, and after modifying the labor contract, still needs to reduce staff;

(十四)其他因劳动合同订立时所依据的客观经济情况发生重大变化，致使劳动合同无法履行的。

(14) Other objective economic circumstances on which the labor contract was based have undergone significant changes, making the contract unperformable.

用人单位依照劳动合同法第四十条的规定，选择额外支付劳动者一个月工资解除劳动合同的，其额外支付的工资应当按照该劳动者上一个月的工资标准确定。

If an employer chooses to pay an additional one month's wage to the worker to dissolve the labor contract in accordance with Article 40 of the Labor Contract Law, the additional wage shall be determined based on the worker's wage for the previous month.

劳动者达到法定退休年龄的，劳动合同终止。

If a worker reaches the statutory retirement age, the labor contract shall terminate.

以完成一定工作任务为期限的劳动合同因任务完成而终止的，用人单位应当依照劳动合同法第四十七条的规定向劳动者支付经济补偿。

If a labor contract with a term based on the completion of a certain task terminates upon completion of the task, the employer shall pay economic compensation to the worker in accordance with Article 47 of the Labor Contract Law.

用人单位依法终止工伤职工的劳动合同的，除依照劳动合同法第四十七条的规定支付经济补偿外，还应当依照国家有关工伤保险的规定支付一次性工伤医疗补助金和伤残就业补助金。

If an employer lawfully terminates the labor contract of a worker with work-related injuries, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, it shall also pay a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability in accordance with the relevant provisions of the state on work-related injury insurance.

用人单位出具的解除、终止劳动合同的证明，应当写明劳动合同期限、解除或者终止劳动合同的日期、工作岗位、在本单位的工作年限。

The certificate issued by the employer upon dissolution or termination of the labor contract shall specify the term of the labor contract, the date of dissolution or termination, the position, and the years of work in the employer.

用人单位违反劳动合同法的规定解除或者终止劳动合同，依照劳动合同法第八十七条的规定支付了赔偿金的，不再支付经济补偿。赔偿金的计算年限自用工之日起计算。

If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law and has paid compensation in accordance with Article 87 of the Labor Contract Law, it shall no longer pay economic compensation. The calculation period for compensation shall be calculated from the date of employment.

用人单位与劳动者约定了服务期，劳动者依照劳动合同法第三十八条的规定解除劳动合同的，不属于违反服务期的约定，用人单位不得要求劳动者支付违约金。

If an employer and a worker have agreed on a service period, and the worker dissolves the labor contract in accordance with Article 38 of the Labor Contract Law, this shall not be considered a breach of the service period agreement, and the employer shall not require the worker to pay liquidated damages.

有下列情形之一，用人单位与劳动者解除约定服务期的劳动合同的，劳动者应当按照劳动合同的约定向用人单位支付违约金：

Under any of the following circumstances, if the employer dissolves the labor contract with the worker during the agreed service period, the worker shall pay liquidated damages to the employer in accordance with the labor contract:

(一)劳动者严重违反用人单位的规章制度的；

(1) The worker seriously violates the employer's rules and regulations;

(二)劳动者严重失职，营私舞弊，给用人单位造成重大损害的；

(2) The worker is seriously negligent in duties, engages in malpractice for personal gain, causing significant damage to the employer;

(三)劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的；

(3) The worker simultaneously establishes a labor relationship with another employer, seriously affecting the completion of tasks for the employer, or refuses to correct after being requested by the employer;

(四)劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思的情况下订立或者变更劳动合同的；

(4) The worker, by means of fraud, coercion, or taking advantage of the employer's difficulties, causes the employer to conclude or modify the labor contract contrary to its true intentions;

(五)劳动者被依法追究刑事责任的。

(5) The worker is subject to criminal liability in accordance with the law.

劳动合同法第四十七条规定的经济补偿的月工资按照劳动者应得工资计算，包括计时工资或者计件工资以及奖金、津贴和补贴等货币性收入。劳动者在劳动合同解除或者终止前12个月的平均工资低于当地最低工资标准的，按照当地最低工资标准计算。劳动者工作不满12个月的，按照实际工作的月数计算平均工资。

The monthly wage for economic compensation as specified in Article 47 of the Labor Contract Law shall be calculated based on the worker's entitled wage, including time-rate wages or piece-rate wages, as well as bonuses, allowances, subsidies, and other monetary income. If the worker's average monthly wage for the 12 months before the dissolution or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated based on the local minimum wage standard. If the worker has worked for less than 12 months, the average wage shall be calculated based on the actual number of months worked.

用人单位或者其所属单位出资或者合伙设立的劳务派遣单位，向本单位或者所属单位派遣劳动者的，属于劳动合同法第六十七条规定的不得设立的劳务派遣单位。

A labor dispatch unit established with capital contributions or through partnership by an employer or its affiliated unit, which dispatches workers to the employer or its affiliated unit, falls under the category of labor dispatch units that are prohibited from being established as specified in Article 67 of the Labor Contract Law.

用工单位应当履行劳动合同法第六十二条规定的义务，维护被派遣劳动者的合法权益。

The user unit shall fulfill the obligations specified in Article 62 of the Labor Contract Law and protect the legitimate rights and interests of the dispatched workers.

劳务派遣单位不得以非全日制用工形式招用被派遣劳动者。

A labor dispatch unit shall not recruit dispatched workers in the form of part-time employment.

劳务派遣单位或者被派遣劳动者依法解除、终止劳动合同的经济补偿，依照劳动合同法第四十六条、第四十七条的规定执行。

The economic compensation for the lawful dissolution or termination of a labor contract by a labor dispatch unit or a dispatched worker shall be implemented in accordance with Articles 46 and 47 of the Labor Contract Law.

劳务派遣单位违法解除或者终止被派遣劳动者的劳动合同的，依照劳动合同法第四十八条的规定执行。

If a labor dispatch unit unlawfully dissolves or terminates the labor contract of a dispatched worker, it shall be handled in accordance with Article 48 of the Labor Contract Law.

用人单位违反劳动合同法有关建立职工名册规定的，由劳动行政部门责令限期改正；逾期不改正的，由劳动行政部门处2000元以上2万元以下的罚款。

If an employer violates the provisions of the Labor Contract Law regarding the establishment of an employee roster, the labor administrative department shall order it to make corrections within a specified period; if it fails to make corrections within the specified period, the labor administrative department shall impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

用人单位依照劳动合同法的规定应当向劳动者每月支付两倍的工资或者应当向劳动者支付赔偿金而未支付的，劳动行政部门应当责令用人单位支付。

If an employer, in accordance with the provisions of the Labor Contract Law, should pay the worker twice the monthly wage or should pay compensation to the worker but fails to do so, the labor administrative department shall order the employer to make the payment.

用工单位违反劳动合同法和本条例有关劳务派遣规定的，由劳动行政部门和其他有关主管部门责令改正；情节严重的，以每位被派遣劳动者1000元以上5000元以下的标准处以罚款；给被派遣劳动者造成损害的，劳务派遣单位和用工单位承担连带赔偿责任。

If a user unit violates the provisions of the Labor Contract Law and these Regulations on labor dispatch, the labor administrative department and other relevant competent departments shall order it to make corrections; if the circumstances are serious, a fine of not less than 1,000 yuan but not more than 5,000 yuan per dispatched worker shall be imposed; if damage is caused to the dispatched worker, the labor dispatch unit and the user unit shall bear joint and several liability for compensation.

对违反劳动合同法和本条例的行为的投诉、举报，县级以上地方人民政府劳动行政部门依照《劳动保障监察条例》的规定处理。

Complaints and reports of violations of the Labor Contract Law and these Regulations shall be handled by the labor administrative departments of local people's governments at or above the county level in accordance with the Regulations on Labor Security Supervision.

劳动者与用人单位因订立、履行、变更、解除或者终止劳动合同发生争议的，依照《中华人民共和国劳动争议调解仲裁法》的规定处理。

Disputes between workers and employers arising from the conclusion, performance, modification, dissolution, or termination of labor contracts shall be handled in accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

本条例自公布之日起施行。

These Regulations shall come into effect as of the date of promulgation.