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外商投资企业劳动管理规定

Regulations on the Labor Management of the Foreign-Funded Enterprises





　　第一条 为了保障外商投资企业(以下简称企业)及其职工的合法权益，确立、维护和发展企业与职工之间稳定和谐的劳动关系，根据国家法律、行政法规，制定本规定。

Article 1 The regulations are formulated in line with State laws and administrative regulations to guarantee the legal rights and interests of the foreign-funded enterprises (FFEs) and their employees and establish, maintain and develop stable and harmonious relations between the FFEs and the employees.





　第二条 本规定适用于中华人民共和国境内设立的中外合资经营企业、中外合作经营企业、外资企业、中外股份有限公司及其职工。

Article 2 The regulations are applied to the Sino-foreign joint equity ventures, Sino-foreign cooperative ventures, solely foreign-funded enterprises and Sino-foreign limited companies established within the People's Republic of China and their employees.





第三条 县及县以上各级人民政府的劳动行政部门依据本规定，对企业的用人、培训、工资、保险福利待遇和劳动安全卫生等实行监察。

Article 3 The labor administrative departments of the people's governments at county and above level exercise supervision over the FFEs in accordance with this set of regulations with regard to their use and training of personnel, and the personnel's wages, insurance and welfare, as well as their working safety and hygiene conditions.





第四条 企业制定的规章制度，不得违反国家的法律、行政法规。

Article 4 The statute and system of the FFEs must not go against the State laws and administrative regulations.





第五条 企业按照国家有关法律、行政法规，自主决定招聘职工的时间、条件、方式、数量。

Article 5 The FFEs may decide by themselves the time, conditions and ways of the employment and the number of personnel they employ in line with relevant State laws and administrative regulations.





企业招聘职工，可在企业所在地的劳动部门确认的职业介绍中心(所) 招聘。经当地劳动行政部门同意，也可以直接或跨地区招聘。

The FFEs may recruit employees from the employment services which have confirmed by the labor department at the localities of the FFEs but under the approval of the labor administrative departments may also recruit their employees directly or from other regions.





　　企业不得招聘末解除劳动关系的职工。禁止使用童工。

The FFEs must not recruit the employees who are still employed by other employers and are forbidden to use child laborers.





　　第六条 企业招聘职工时，应当在中国境内招聘中方职工；确需招聘外籍及台湾、香港、澳门地区人员的，必须按照国家有关规定，经当地劳动行政部门批准，并办理就业证等有关手续。

Article 6 The FFEs should employ their Chinese employees within China; whereas there is a real need to employ foreign personnel or personnel from Taiwan, Hong Kong and Macao regions, the employment should be made in line with relevant State regulations and with the approval of the local labor administrative department, and through relevant formalities such as the acquirement of employment certificates.





　　第七条 企业应当建立职业培训制度，对职工进行职业培训。对从事技术工种或有特殊技能要求的职工，须经过培训后，持证上岗。培训经费须按照国家有关规定提取和使用。

Article 7 The FFEs should establish certain training programmes for their employees. Those who are required to do technical work or to have special skills must receive training and be certified capable for the job before they assume the posts. A special programme for training must be drawn and used in line with relevant State regulations.





　第八条 劳动合同由职工个人同企业以书面形式订立。

Article 8 Labor contracts are concluded in written form between individual employee and the FFEs.





工会组织(没有工会组织的应选举工人代表)可以代表职工与企业就劳动报酬、工时休假、劳动安全卫生、保险福利等事项，通过协商谈判，订立集体合同。

Trade unions (elected worker representatives if no such unions are available) may conclude collective contracts with the FFEs on behalf of the employees through consultations and negotiations with regard to matters like their remuneration, working time and vacation, labor safety and hygiene condition and insurance and welfare.





劳动合同、集体合同的内容，应符合国家有关法律、行政法规。

The content of the labor contracts and the collective contracts should conform with relevant State laws and administrative regulations in content.





第九条 劳动合同签订后，应当于一个月内到当地劳动行政部门鉴证。集体合同订立后，应报送当地劳动行政部门备案。

Article 9 The labor contracts should be appraised and verified at the local labor administrative department within one month after they are signed. The signed collective contracts should be reported to the local labor administrative departments for the record.





劳动行政部门自收到之日起15日内未提出异议的，集体合同即行生效。

The collective contracts shall become effective whereas the labor administrative departments do not raise any different views within 15 days from the date when they receive the text of the contracts concerned.





第十条 劳动合同期满或双方约定的终止条件出现，劳动合同即行终止。经双方同意，可以续订劳动合同。

Article 10 Labor contracts terminate when their operation terms expire or conditions on which both parties agree to terminate the contracts appear. Labor contracts may also be extended under agreement of both parties.





劳动合同变更需经双方协商同意，并办理劳动合同变更手续。劳动合同变更内容，可由劳动合同双方商定。

A labor contract may be revised upon agreement of both parties through consultation and due formalities should go through for the change. The content of the changes in the contract may be decided by both parties of the contract.





第十一条 有下列情形之一的，企业或职工可以解除劳动合同：

Article 11 The FFEs or the employees may terminate the labor contracts in one of the following cases:





(一)劳动合同当事人协商一致；

1. Parties of the contract reach an agreement for the termination through consultations;





(二)试用期内不符合录用条件、职工不履行劳动合同、严重违反劳动纪律和企业依法制定的规章制度，以及被劳动教养或被判刑的，企业可以解除劳动合同；

2. A FFE may terminate the labor contract during the trial employing period of a certain employee when the employee is proved not up to the qualifications for recruitment, fails to carry out the contract, seriously violates labor discipline and the lawful statute of the enterprise, or has been convicted to forced labor or other pronounced guilty criminal punishment; and





(三)企业以暴力、威胁、监禁或者其他妨害人身自由的手段强迫劳动；企业不履行劳动合同或者违反国家法律、行政法规，侵害职工合法权益的，职工可以解除劳动合同。

3. An employee may terminate the labor contract if forced to work for the FFEs under violent treatment, threat, or imprisonment or other means of restricting personal freedom by the FFE; or if the FFE fails to carry out the labor contract or violates the State laws, administrative regulations and infringes upon the legal rights and interests of the employee.





第十二条 有下列情形之一的，企业在征求工会意见后，可以解除劳动合同，但应提前30日以书面形式通知职工本人：

Article 12 FFEs may terminate the labor contracts after soliciting the opinion of the trade union in one of the following cases, but the employees should be notified in written form 30 days in advance:





　　(一)职工患病或非因工负伤，医疗期满后，不能从事原工作或不能从事由企业另行安排的工作的；

1. An employee inflicts an ill or injury not on post and thus cannot do the original work or other assignments by the FFE after the medical treatment period expires;









(二)职工经过培训、调整工作岗位，仍不能胜任工作的；

2. An employee can still not do the work after training or reassignment;





(三)劳动合同订立时所依据的客观情况发生变化，致使原劳动合同无法履行，经双方协商不能就变更劳动合同达成协议的；

3. A contract fails to be carried out due to changes of conditions after the contract is signed and both sides cannot reach an agreement through consultations on changing the contract; and





(四)法律、行政法规规定的其他情形。

4. Other matters which are set in laws and administrative regulations.





第十三条 职工患职业病或因工负伤并被确认丧失或部分丧失劳动能力的，职工患病在规定的医疗期内的，女职工在孕期、产期、哺乳期内的，用人单位不得解除劳动合同。Article 13 The employer cannot terminate the labor contract when an employee is certified of losing or partly losing work ability due to occupational disease or injury at post, or in regular medical treatment for illness or an woman employee is pregnant or is enjoying maternity and lactation.





因患职业病或因工致残的职工，若本人要求解除劳动合同，企业应按当地政府规定，向社会保险机构缴纳因工致残就业安置费。职工患病或非因工负伤的医疗期限按现行规定执行。

Whereas an employee asks to terminate the labor contract due to occupational disease or becoming disabled because of work the enterprise should pay the social insurance agency the reemployment settlement fee for those who becoming disabled because of work in accordance with the stipulations of the local government. The time limit for medical treatment of an employee who is ill or gets injured not because of work is set according to the current regulations.





第十四条 企业的工资分配，应实行同工同酬的原则。职工工资水平应在企业经济发展的基础上逐年提高。

Article 14 The wage policy of the FFEs should follow the principle of equal pay for equal work. Wages of the employees should be raised year by year on basis of the economic dev