上海市劳动合同条例 Shanghai Municipality, Labour Contract Regulations

r termination of the labour contract relationship.

　　The worker may, on the strength of the effective supporting document, directly carry out unemployment registration procedures.

　　Article 42　The Employer shall provide the worker with economic compensation according to the worker's employment years with the Employer, i.e. each fu

ll year shall be compensated with an amount equivalent to the wage income of the worker for one month if:

　　(1) the Employer requests to rescind the labour contract with the worker pursuant to Article 29 hereof;

　　(2) the worker rescinds the labour contract pursuant to Item (2) or (3) of Article 31 hereof;

　　(3) the Employer rescinds the labour contract pursuant to Item (2) of the first paragraph of Article 32 hereof;

　　(4) the Employer rescinds the labour contract pursuant to Item (1) or (3) of the first paragraph of Article 32 hereof;

　　(5) the Employer rescinds the labour contract pursuant to Article 35 hereof; or

　　(6) the Employer terminates the labour contract pursuant to Item (3) of Article 37 hereof.

　　If any of the circumstances stipulated in Items (1), (2) and (3) hereof occurs, the total compensation shall generally not exceed the wage income of the worker for 12 months. However, if the parties agree upon a higher amount, such agreement shall prevail.

　　Article 43　If the conditions for termination agreed upon in the labour contract are identical to the conditions for rescission provided herein, the Employer shall provide the worker with economic compensation in accordance with the corresponding standards for compensation for rescission of contract stipulated herein.

　　Article 44　If an Employer rescinds a labour contract pursuant to Item (1) of the first paragraph of Article 32, it shall pay to the worker a medical subsidy of an amount not less than the wage income of the worker for six months in addition to granting the economic compensation in accordance with provisions.

　　Article 45　For the purposes of Articles 42 and 44 hereof, the wage income of the worker shall be the average wage income of the worker in the 12 months immediately before the rescission or termination of the labour contract. If the average wage income of the worker is lower than the minimum wage standard for employees in this municipality, it shall be calculated on the basis of the minimum wage standard for employees in this municipality.

　　For the purposes of the employment years with the Employer referred to in Article 42 hereof, a period over six months but less than a full year shall be counted as a full year.

　　PART FIVE　SPECIAL PROVISIONS FOR PART TIME LABOUR CONTRACTS

　　Article 46　A part time labour contract is an agreement between a worker and an Employer to establish a labour relationship on the basis of using hour as the unit of working time.

　　If a worker establishes a part time labour contract relationship with one or more Employer(s), the daily, weekly or monthly working time of the worker with each Employer shall be less than 50% of the statutory working time.

　　The aggregate number of working hours of a worker for multiple Employers shall not exceed the statutory maximum working hours.

　　Article 47　A part time labour contract can be concluded in writing and can also be concluded in other formats. If a party to the labour contract requests to use the written format, the written format shall be used.

　　Article 48　If the parties to a part time labour contract have not agreed on the term of employment, either party may terminate the labour relationship by notice to the other party at any time.

　　Article 49　The parties to a part time labour contract may agree upon the contents of the contract such as working time, job description, labour remuneration and form of payment, and the maintenance of confidentiality for trade secrets of the Employer.

　　Article 50　Labour remuneration to a part time worker shall be calculated on an hourly basis.

　　Labour remuneration shall include hourly wage income and the social insurance premiums payable as stipulated by laws and regulations.

　　Article 51　If an Employer employs part time workers and causes the workers to suffer any work-related

injury or occupational disease in the course of work, it shall bear the corresponding liability.

　　Article 52　The minimum wage standard for part time workers shall be announced by the Shanghai Municipal Bureau of Labour and Social Security after it has been reported to the municipal people's government for approval. The minimum wage standard shall be determined with consideration of factors such as job stability and welfare benefits of the part time job.

　　The procedures for payment of social insurance premiums for part time employment shall be formulated separately by the municipal people's government.

　　Article 53　The provisions of Part Two, Part Three and Part Four hereof other than Articles 8, 20 and 21 are not applicable to part time labour contracts.

　　PART SIX　LEGAL LIABILITY

　　Article 54　If a labour contract is invalid or partially invalid for reasons on the part of one party to the labour contract, thereby causing harm to the other party, the party shall be liable for damages.

　　Article 55　If a party to a labour contract is in breach of the labour contract, it shall be held liable accordingly. If the breach has caused economic loss to the other party, it shall be liable for damages.

　　If both parties to the labour contract are in breach of the labour contract, they shall each bear the corresponding liability.

　　Article 56　If an Employer fails to conclude a labour contract in writing with a worker in accordance with the provisions hereof, the administrative department for labour and social security shall order rectification within a specified time limit and may also impose a fine between Rmb 500 and Rmb 1,000 per person1 .

　　Article 57　If an Employer uses a worker without completing the employment registration procedures pursuant to the provisions hereof, the administrative department for labour and social security shall order it to complete the procedures within a specified time limit. If the Employer fails to do so within the time limit, a fine of Rmb 500 shall be imposed per person1 .

　　Article 58　If a labour dispute arises between the parties to a labour contract, it shall be handled in accordance with the provisions on labour dispute settlement.

　　Article 59　If a party to a labour contract is dissatisfied with a specific administrative act of the administrative department for labour and social security, it may request an administrative review or institute administrative proceedings pursuant to the PRC, Administrative Review Law or the PRC, Administrative Litigation Law.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 60　If the laws or administrative regulations have special provisions regarding the subjects to which conclusion of labour contracts applies, such provisions shall govern.

　　Article 61　With regard to labour contracts already in performance before the implementation hereof, if the local regulations or the rules of the municipal people's government had specific provisions on the obligations of the parties to the labour contracts at that time, the parties to the labour contracts shall continue to comply with such provisions after the implementation hereof. If the local regulations or the rules of the municipal people's government had no such specific provisions at that time, the provisions hereof shall govern.

　　Upon the implementation hereof, the provisions of the Shanghai Municipality, Administration of Labour and Personnel Affairs of Foreign Investment Enterprises Regulations regarding labour contracts shall no longer apply to newly concluded labour contracts between foreign investment enterprises and workers.

　　Article 62　These Regulations shall be implemented as of 1 May 2002

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