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RE:[转载] 中华人民共和国劳动合同法(英文版)
Article 95+ j* r6 @3 `3 y( s! x7 K
If a labor administration authority, another competent authority or a member of its working personnel neglects its/his duties, fails to perform its/his statutory duties or exercises its/his authority in violation of the law, thereby causing harm to a Employee or an
/ y* R- U ~6 x9 p( c* c7 {) j9 j9 T5 fEmployer, liability for damages shall be borne and the leading official directly in charge and the other persons directly responsible shall be subjected to administrative penalties in accordance with the law; if a criminal offense is constituted, criminal liability shall be pursued in accordance with the law.
/ b2 x; W0 Z0 w1 A, U' _# {% Q
; @5 G/ {) ?9 iCHAPTER 8 SUPPLEMENTARY PROVISIONS. a% @" z3 C) `9 g& q' i6 E
Article 96) i+ g) k1 o, h3 d* i1 U* S5 u/ Y1 j
Where laws or administrative statutes contain, or the State Council has formulated, separate regulations concerning the conclusion, performance, amendment, termination or ending of employment contracts by and between institutions and those of their working personnel that are subject to the employment system, matters shall be handled in accordance with such regulations; in the absence of such regulations, matters shall be handled in accordance with this Law. 6 ? w) j! o$ h7 l9 i* A
Article 970 O" h+ U; h- c' B0 \9 a9 g
Employment contracts concluded in accordance with the law before the implementation of this Law and continuing to exist on the implementation date of this Law shall continue to be performed. For the purposes of item (3) of the second paragraph of Article 14 hereof, the number of consecutive occasions on which a fixed-term employment contract is concluded shall be counted from the first renewal of such contract to occur after the implementation of this Law.
- ^0 m v3 V1 _# [# D% aIf an employment relationship was established prior to the implementation of this Law without the conclusion of a written employment contract, such contract shall be concluded within one month from the implementation date of this Law.
* K9 t7 L( P3 _% _5 Z; `3 iIf an employment contract existing on the implementation date of this Law is terminated or ends after the implementation of this Law and, pursuant to Article 46 hereof, severance pay is payable, the number of years for which severance pay is payable shall be counted from the implementation date of this Law. If, under relevant regulations in effect prior to the implementation of this Law, the Employee is entitled to severance pay from the Employer in respect of a period preceding the implementation of this Law, the matter shall be handled in accordance with the relevant regulations that were in effect at that time. |
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