中华人民共和国劳动合同法     

Labor Contract Law of the People's Republic of China

劳动合同的订立

Chapter II Conclusion of Labor Contracts

第七条 用人单位自用工之日起即与劳动者建立劳动关系。用人单位应当建立职工名册备查。

Article 7 An employer establishes labor relationship with a worker as of the date of start to use the worker. It shall set up a roll of workers for reference.

第八条 用人单位招用劳动者时，应当如实告知劳动者工作内容、工作条件、工作地点、职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况；用人单位有权了解劳动者与劳动合同直接相关的基本情况，劳动者应当如实说明。

Article 8 When hiring the workers, the employer shall faithfully notify them of the job contents, conditions and place, occupational harm, work safety status, remuneration, and other information as required by the workers. The employer is entitled to be aware of the basic information in direct relation to the workers and the labor contracts, and the workers shall provide such information authentically.

第九条 用人单位招用劳动者，不得扣押劳动者的居民身份证和其他证件，不得要求劳动者提供担保或者以其他名义向劳动者收取财物。

Article 9 Where a worker is hired, the employer may not detain the identity card or other certificates thereof, nor may it require a guaranty or collect property from the worker under any other reason.

第十条 建立劳动关系，应当订立书面劳动合同。

Article 10 To establish a labor relationship shall conclude a labor contract in written form.

已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起一个月内订立书面劳动合同。

Where a labor relationship has already been established without concluding a labor contract in written format the same time, it shall conclude a labor contract in written form within one month as of the date of start to use the worker.

用人单位与劳动者在用工前订立劳动合同的，劳动关系自用工之日起建立。

Where a labor contract is concluded by an employer and a worker before the employment, the labor relationship is established as of the date of start to use the worker.

第十一条 用人单位未在用工的同时订立书面劳动合同，与劳动者约定的劳动报酬不明确的，新招用的劳动者的劳动报酬按照集体合同规定的标准执行；没有集体合同或者集体合同未规定的，实行同工同酬。

Article 11 Where any employer fails to conclude a labor contract in written form without specific remuneration as stipulated therebetween when it starts to use a worker, the remuneration to the new worker shall be consistent with the provisions of the collective contract. If there is no collective contract or no such stipulation in the collective contract, it shall follow the principle of equal pay for equal work.

第十二条 劳动合同分为固定期限劳动合同、无固定期限劳动合同和以完成一定工作任务为期限的劳动合同。

Article 12 Labor contracts are classified into labor contracts with a fixed period, labor contracts without a fixed period and labor contracts with a period to complete the prescribed work.

第十三条 固定期限劳动合同，是指用人单位与劳动者约定合同终止时间的劳动合同。

Article 13 Labor contracts with a fixed period are the labor contract in which the termination time of the contract has been stipulated by the employer and the worker.

用人单位与劳动者协商一致，可以订立固定期限劳动合同。

The employer and the worker may conclude a labor contract with a fixed period upon consultation.

第十四条 无固定期限劳动合同，是指用人单位与劳动者约定无确定终止时间的劳动合同。

Article 14 Labor contract without a fixed period are the labor contracts in which no certain termination time of the contract is stipulated by the employer and the worker.

用人单位与劳动者协商一致，可以订立无固定期限劳动合同。有下列情形之一，劳动者提出或者同意续订、订立劳动合同的，除劳动者提出订立固定期限劳动合同外，应当订立无固定期限劳动合同：

An employer and a worker may conclude a labor contract without a fixed period upon unanimity through consultation. In the case of any of the following circumstances, if the worker proposes or agrees to renew or conclude a labor contract, an labor contract without a fixed period shall be concluded except that the employee proposes to conclude a labor contract with a fixed period:

（一） 劳动者在该用人单位连续工作满十年的；

(1) The worker has worked for an uninterrupted term of ten years for the employer;

（二） 用人单位初次实行劳动合同制度或者国有企业改制重新订立劳动合同时，劳动者在该用人单位连续工作满十年且距法定退休年龄不足十年的；

(2) The worker has worked for an uninterrupted term of ten years for the employer and he attains to the age which is less than 10 years up to the statutory retirement age when the employer initially performs the labor contract system or when a restructuring state-owned enterprise re-concludes the labor contract; or

（三） 连续订立二次固定期限劳动合同，且劳动者没有本法第三十九条和第四十条第一项、第二项规定的情形，续订劳动合同的。

(3) The labor contract is to be renewed after the labor contract with a fixed period has been concluded twice continuously, and the worker is not under any of the circumstances as prescribed in Article 39 and Subparagraphs (1) and (2) of Article 40 in this Law.

用人单位自用工之日起满一年不与劳动者订立书面劳动合同的，视为用人单位与劳动者已订立无固定期限劳动合同。

In case any employer fails to sign a labor contract in written form with a worker after the extension of one full year as of the date of start to use him, it shall be regarded that the employer and the worker has concluded a labor contract without a fixed period.

以完成一定工作任务为期限的劳动合同，是指用人单位与劳动者约定以某项工作的完成为合同期限的劳动合同。

Article 15 Labor contracts with a period to complete the prescribed work are the labor contracts in which the period of the contract shall be stipulated upon the completion of the prescribed work by the employer and the worker.

用人单位与劳动者协商一致，可以订立以完成一定工作任务为期限的劳动合同。

Employers and workers may conclude labor contracts with a period to complete the prescribed work upon unanimity through consultation.