2008年最新劳动法全文（中英文）

If an Employer falls into arrears with the payment of labor compensation or fails to make payment in full, the Employee may, in accordance with the law, apply to the local People’s Court for an order to pay; and the People’s Court shall issue such order in accordance with the law.

第三十一条 用人单位应当严格执行劳动定额标准，不得强迫或者变相强迫劳动者加班。用人单位安排加班的，应当按照国家有关规定向劳动者支付加班费。

Article 31

Employers shall strictly implement the work quota standards and may not compel or in a disguised manner compel Employees to work overtime. If an Employer arranges for an Employee to work overtime, it shall pay him overtime pay in accordance with the relevant state regulations.

第三十二条 劳动者拒绝用人单位管理人员违章指挥、强令冒险作业的，不视为违反劳动合同。

Article 32

Employees shall not be held in breach of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.

劳动者对危害生命安全和身体健康的劳动条件，有权对用人单位提出批评、检举和控告。

Employees have the right to criticize, report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.

第三十三条 用人单位变更名称、法定代表人、主要负责人或者投资人等事项，不影响劳动合同的履行。

Article 33

Changes such a change in the name, legal representative or main person in charge of, or an (the) investor(s) in, an Employer shall not affect the performance of its employment contracts.

第三十四条 用人单位发生合并或者分立等情况，原劳动合同继续有效，劳动合同由承继其权利和义务的用人单位继续履行。

Article 34

If an Employer is merged or divided, etc., its existing employment contracts shall remain valid and continue to be performed by the Employer(s) which succeeded to its rights and obligations

第三十五条 用人单位与劳动者协商一致，可以变更劳动合同约定的内容。变更劳动合同，应当采用书面形式。

Article 35

An Employer and an Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing.

变更后的劳动合同文本由用人单位和劳动者各执一份。

The Employer and the Employee shall each hold one copy of the amended employment contract.

第四章 劳动合同的解除和终止

CHAPTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS

第三十六条 用人单位与劳动者协商一致，可以解除劳动合同。

Article 36

An Employer and an Employee may terminate their employment contract if they so agree after consultations.

第三十七条 劳动者提前三十日以书面形式通知用人单位，可以解除劳动合同。劳动者在试用期内提前三日通知用人单位，可以解除劳动合同。

Article 37

An Employee may terminate his employment contract upon 30 days’ prior written notice to his Employer. During his probation period, a Employee may terminate his employment contract by giving his Employer three days’ prior notice.

第三十八条 用人单位有下列情形之一的，劳动者可以解除劳动合同：

Article 38

An Employee may terminate his employment contract if his Employer:

（一）未按照劳动合同约定提供劳动保护或者劳动条件的；

(1) Fails to provide the labor protection or working conditions specified in the employment contract;

（二）未及时足额支付劳动报酬的；

(2) Fails to pay labor compensation in full and on time;

（三）未依法为劳动者缴纳社会保险费的；

(3) Fails to pay the social insurance premiums for the Employee in accordance with the law;

（四）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；

(4) Has rules and regulations that violate laws or regulations, thereby harming the Employee’s rights and interests;

（五）因本法第二十六条第一款规定的情形致使劳动合同无效的；

(5) causes the employment contract to be invalid due to a circumstance specified in the first paragraph of Article 26 hereof;

（六）法律、行政法规规定劳动者可以解除劳动合同的其他情形。

(6) Gives rise to another circumstance in which laws or administrative statutes permit a Employee to terminate his employment contract.

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，或者用人单位违章指挥、强令冒险作业危及劳动者人身安全的，劳动者可以立即解除劳动合同，不需事先告知用人单位。

If an Employer uses violence, threats or unlawful restriction of personal freedom to compel an Employee to work, or if a Employee is instructed in violation of rules and regulations or peremptorily ordered by his Employer to perform dangerous operations which threaten his personal safety, the Employee may terminate his employment contract forthwith without giving prior notice to the Employer.

第三十九条 劳动者有下列情形之一的，用人单位可以解除劳动合同：