Text in Chinese; abstract in English.
The labor relationship is the predominant and fundamental relationship in human society. The regulation of this relationship is the most important to human being’s development.
The regulation of the labor relationship is closely linked to personal basic rights and individual destiny.
To regulate the labor relationship, that is, to establish labor rights and duties, depends on labor laws and labor contracts. But in the long history of China, there has been no labor law and labor contract. Since the open door policy was implemented, labor law and the system of labor contract began slowly. However the situation is still far from satisfactory.
Now, in China, there is a desperate need for appropriate regulation of labor rights and duties.
Thus given the unsound nature of the labor laws and the interrelated systems, it is necessary for labor administration departments to draw up and implement some relatively detailed, scientific, and sound sample labor contracts.
This article presents a draft of a sample labor contract. It is composed by the following parts: 1. The preface. 2. The content of the work. 3. Reward and welfare. 4. Employee’s personal safety. 5. The honest duty of the employee. 6. The termination of the Contract. 7. Labor discipline and labor dispute. 8. The remainder. 9. The ending. 10. Appendixes.
This sample labor contract has wide adaptability, and is not a short-term solution. It should be noted that a good labor contract on paper alone is not the solution. The on-site investigation and statistics implemented in this article show that there are serious problems in the process of implementing labor contracts in China. Therefore some reform suggestions concerning how to properly implement labor contracts are also proposed in this article.
Date of Authorship for this Version
Li, Lin, "Reform Suggestions on Sample Labor Contracts in China" (2006). Cornell Law School Graduate Student Papers. Paper 12.