Chapter I General Provisions Article 1 These Regulations are formulated in order to implement the Labor Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Contract Law). Article 2 People's governments at all levels, labor administrative departments of people's governments at or above the county level, trade unions and other organizations shall take measures to promote the implementation of the Labor Contract Law and promote the harmony of labor relations. Article 3 Partnership organizations and foundations, such as accounting firms and law firms, established according to law belong to the employing units as stipulated in laws and regulations of labor contracts. Chapter II Conclusion of Labor Contract Article 4 A branch established by an employing unit as stipulated in the Labor Contract Law may conclude a labor contract with a worker as an employing unit if it has obtained a business license or registration certificate according to law; If a business license or registration certificate is not obtained according to law, the employer may conclude a labor contract with the employee. Article 5 If a laborer fails to conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the laborer in writing to terminate the labor relationship, and shall not pay economic compensation to the laborer, but shall pay the laborer the remuneration for the actual working hours according to law. Article 6 Where an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee; If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law. As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract. Article 7 Where an employing unit fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee. Article 8 The roster of employees stipulated in Article 7 of the Labor Contract Law shall include name, gender, citizenship number, household registration address and current address, contact information, employment form, employment start time, labor contract term, etc. Article 9 The starting time of continuous work 10 year stipulated in the second paragraph of Article 14 of the Labor Contract Law shall be calculated from the date when the employing unit recruits workers, including the working years before the implementation of the Labor Contract Law. Article 10 If a laborer is assigned to work in a new employer for reasons other than his own, the working years of the laborer in the original employer shall be counted as the working years in the new employer. If the original employer has paid economic compensation to the employee, the new employer will not calculate the employee's working years in the original employer when dissolving or terminating the labor contract according to law. Article 11 Unless the employee and the employer reach an agreement through consultation, if the employee proposes to conclude an open-ended labor contract in accordance with the second paragraph of Article 14 of the Labor Contract Law, the employer shall conclude an open-ended labor contract with him. The contents of a labor contract shall be determined by both parties through consultation in accordance with the principles of legality, fairness, equality, voluntariness, consensus and good faith. If negotiation fails, the provisions of Article 18 of the Labor Contract Law shall apply. Article 12 Local people's governments at all levels and relevant departments of local people's governments at or above the county level shall provide job subsidies and social insurance subsidies for people with employment difficulties, and the provisions of the Labor Contract Law on open-ended labor contracts and payment of economic compensation shall not apply. Article 13 Except under the circumstances stipulated in Article 44 of the Labor Contract Law, the employer and the employee may not agree on other conditions for the termination of the labor contract. Article 14 If the place where the labor contract is performed is inconsistent with the place where the employer is registered, the minimum wage standard, labor protection, working conditions, occupational hazard protection and the local average monthly wage standard of employees in the previous year shall be implemented in accordance with the relevant provisions of the place where the labor contract is performed; The relevant standards of the place where the employer is registered are higher than those of the place where the labor contract is performed. If the employer and the employee agree to follow the relevant regulations of the place where the employer is registered, such agreement shall prevail. Fifteenth workers' salary during probation period shall not be lower than 80% of the minimum wage of the same position in the unit or 80% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located. Article 16 The training fee stipulated in the second paragraph of Article 22 of the Labor Contract Law includes the well-documented training fee paid by the employer for the professional and technical training of the workers, the travel expenses during the training and other direct expenses incurred by the workers due to the training. Seventeenth labor contract expires, but the service period agreed by the employer and the employee in accordance with Article 22 of the Labor Contract Law is not expired, the labor contract shall continue until the expiration of the service period; Unless otherwise agreed by both parties, the agreement of both parties shall prevail. Chapter III Dissolution and Termination of Labor Contracts Article 18 Under any of the following circumstances, a laborer may dissolve a fixed-term labor contract, an open-term labor contract or a labor contract with the completion of a certain task as the deadline in accordance with the conditions and procedures stipulated in the Labor Contract Law: (1) The laborer and the employer reach an agreement through consultation; (2) The employee shall notify the employer in writing 30 days in advance; (3) The employee notifies the employer 3 days in advance during the probation period; (four) the employer fails to provide labor protection or working conditions in accordance with the labor contract; (five) the employer fails to pay the labor remuneration in full and on time; (six) the employer fails to pay social insurance premiums for workers according to law; (seven) the rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (8) The employing unit uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change a labor contract against his true meaning; (nine) the employer exempts itself from legal responsibility and excludes the rights of workers in the labor contract; (ten) the employer violates the mandatory provisions of laws and administrative regulations; (eleven) the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom; (twelve) the employer illegally directs or forces the risky operation to endanger the personal safety of the workers; (13) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. Article 19 Under any of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate a fixed-term labor contract, an open-term labor contract or a labor contract with the completion of a certain task as the term: (1) The employer and the employee reach an agreement through consultation; (2) The employee is proved not to meet the employment conditions during the probation period; (3) The laborer seriously violates the rules and regulations of the employing unit; (4) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit; (5) The laborer establishes labor relations with other employers at the same time; (6) The employing unit concludes or changes a labor contract against its true meaning by means of fraud or coercion or by taking advantage of the danger of others; (seven) the laborer is investigated for criminal responsibility according to law; (8) The employee is sick or injured non-work-related, and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in other jobs arranged by the employer; (nine) the laborer is not qualified for the job, and he is still not qualified for the job after training or adjusting his post; (10) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation; (eleven) the employer is reorganized in accordance with the provisions of the enterprise bankruptcy law; (twelve) the employer has serious difficulties in production and operation; (thirteen) the enterprise production changes, major technological innovation or adjustment of operation mode, and it is still necessary to reduce the number of employees after changing the labor contract; (14) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, which made it impossible to perform the labor contract. Article 20 If the employing unit chooses to pay an extra month's salary to the employee to terminate the labor contract in accordance with Article 40 of the Labor Contract Law, the extra salary shall be determined according to the employee's own salary standard of last month. Article 21 The labor contract shall be terminated when the laborer reaches the statutory retirement age. Article 22 If a labor contract whose term is to complete a certain task is terminated due to the completion of the task, the employer shall pay economic compensation to the employee in accordance with the provisions of Article 47 of the Labor Contract Law. Article 23 Where an employing unit terminates the labor contract of an injured employee according to law, it shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the provisions of Article 47 of the Labor Contract Law. Article 24 The certificate of dissolution or termination of the labor contract issued by the employing unit shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post and the working years in the unit. Article 25 If the employing unit dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with the provisions of Article 87 of the Labor Contract Law, it will no longer pay economic compensation. The calculation period of compensation shall be calculated from the date of employment. Article 26 If the service period is agreed between the employer and the employee, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer may not require the employee to pay liquidated damages. Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract: (1) The employee seriously violates the rules and regulations of the employer; (2) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit; (3) The laborer establishes labor relations with other employers at the same time; (4) The employing unit concludes or changes a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; (5) The laborer is investigated for criminal responsibility according to law. Article 27 The monthly salary of economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated according to the employee's due salary, including hourly wage or piece-rate wage and monetary income such as bonus, allowance and subsidy. If the average wage of the laborer in the month 12 before dissolution or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If the laborer works less than 12 months, the average salary shall be calculated according to the actual working months. Chapter IV Special Provisions on Labor Dispatch Article 28 A labor dispatch unit established by an employer or its subordinate units with capital contribution or partnership to dispatch workers to this unit or its subordinate units belongs to the labor dispatch unit that cannot be established as stipulated in Article 67 of the Labor Contract Law. Article 29 The employing unit shall fulfill its obligations as stipulated in Article 62 of the Labor Contract Law and safeguard the legitimate rights and interests of dispatched workers. Thirtieth labor dispatch units shall not recruit dispatched workers in the form of part-time employment. Article 31 The economic compensation for the dissolution or termination of the labor contract by the labor dispatch unit or the dispatched laborer according to law shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law. Article 32 Where a labor dispatch unit illegally cancels or terminates the labor contract of the dispatched worker, it shall be implemented in accordance with the provisions of Article 48 of the Labor Contract Law. Chapter V Legal Liability Article 33 If an employer violates the provisions of the Labor Contract Law on establishing a roster of employees, the labor administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the labor administrative department shall impose a fine of 2000 yuan to 20000 yuan. Article 34 If the employer fails to pay the employee twice the monthly salary or compensation in accordance with the provisions of the Labor Contract Law, the labor administrative department shall order the employer to pay. Thirty-fifth employers who violate the provisions of the Labor Contract Law and these Regulations on labor dispatch shall be ordered by the labor administrative department and other relevant competent departments to make corrections; If the circumstances are serious, a fine shall be imposed according to the standard of RMB 0/000 to RMB 5,000 per worker dispatched; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Chapter VI Supplementary Provisions Article 36 Complaints and reports of violations of the Labor Contract Law and these Regulations shall be handled by the labor administrative department of the local people's government at or above the county level in accordance with the provisions of the Regulations on Labor Security Supervision. Article 37 Disputes arising from the conclusion, performance, alteration, dissolution or termination of labor contracts between laborers and employers shall be handled in accordance with the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes. Article 38 These Regulations shall come into force as of the date of promulgation. The Detailed Rules for the Implementation of the Labor Contract Law 20 17 mainly includes the conclusion of labor contracts, economic compensation and termination of labor relations when the labor contracts cannot be concluded due to reasons of enterprises and individuals. It clearly stipulates the dissolution and termination of labor contracts and makes special provisions on labor dispatch. If the labor contracts are violated, the employer shall be ordered to make corrections and be fined. The broad masses of workers should also understand these regulations in order to better safeguard their rights and interests.