- 中国劳动法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国劳动法律法规中英数据库
- 用人单位违反法律、行政法规规定或者劳动合同约定的，工会有权要求用人单位纠正。 If the Unit violates laws, administrative regulations or the labor contract, the labor union has the right to demand that the Unit rectify the matter.
- 构成犯罪的，依法追究刑事责任；尚不构成犯罪的，对直接负责的主管人员和其他直接责任人员依法给予行政处分。 if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law upon the persons in charge who bear direct responsibility and other persons directly responsible.
- 构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予行政处分。 if the violations constitute crimes, criminal liability shall be investigated according to law; if no crime is constituted, administrative sanctions shall be imposed according to law.
- 劳动者不要求继续履行劳动合同或者劳动合同已经不能继续履行的，用人单位应当依照本法第八十七条规定支付赔偿金。 If the worker does not request so or if continual performance of the labor contract is impossible, the employer shall pay compensation to him in accordance with Article 87 of this Law.
- 有违法所得的，没收违法所得，并入失业保险基金； if there is illegal income, such illegal income shall be confiscated and merged into unemployment insurance funds;
- 没有集体合同或者集体合同未规定劳动报酬的，实行同工同酬；没有集体合同或者集体合同未规定劳动条件等标准的，适用国家有关规定。 If there is no collective contract or the collective contract is silent on the labor remuneration rate, the Unit should offer the laborer equal pay for equal work; if there is no collective contract or the collective contract is silent on the working condition standards, the relevant regulations of the state shall be applied.
- 合同没有约定的,企业对被提前解除劳动合同的职工,按照其在本企业工作的年限,工龄每满一年,发给相当于本人一个月标准工资的补偿费。? If there is no such agreement in the contracts, the Enterprises shall pay the staff and workers whose contracts have been terminated ahead of schedule the compensation of their standard wage, which shall be distributed in accordance with their working years in such Enterprises, that is, the equivalence of their respective standard wage of one (1) month is paid for each working year.
- 统筹地区的失业保险基金不敷使用时，由失业保险调剂金调剂、地方财政补贴。 If unemployment funds in areas where overall planning is conducted are not enough for use, adjustment funds of unemployment insurance may be used as adjustment and local finance may be used as subsidies.
- 本法施行前按照当时有关规定，用人单位应当向劳动者支付经济补偿的，按照当时有关规定执行。 If, according to the regulations, the Unit is obligated to pay economic compensation to laborers before the implementation of this law, the regulation at that time shall prevail.
- 在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。 If, during the implementation of a Unit’s rule or regulation, the labor union or a laborer is of the opinion that the rule or regulation is inappropriate, it or he is entitled to communicate such opinion to the Unit, and the rule or regulation shall be improved by making modifications after consultations.
- 劳动合同除前款规定的必备条款外，用人单位与劳动者可以约定试用期、培训、保守秘密、补充保险和福利待遇等其他事项。 In addition to the requisite clauses mentioned above, a Unit and a laborer may agree to stipulate other matters in the labor contract, such as probation period, training, confidentiality of trade secrets, supplementary insurance and benefits, etc.
- 劳动者在同一用人单位连续工作满十年以上，当事人双方同意续延劳动合同的，如果劳动者提出订立无固定期限的劳动合同，应当订立无固定期限的劳动合同。 In case a labourer has kept working in a same employing unit for ten years or more and the parties involved agree to extend the term of the labour contract, a labour contract with a flexible term shall be concluded between them if the labourer so requested.
- 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.
- 用人单位拖欠或者未足额支付劳动报酬的，劳动者可以依法向当地人民法院申请支付令，人民法院应当依法发出支付令。 In case any employer postpones or fails to pay the full amount of remunerations, the worker may apply to the local people's court for an order of payment and the people's court shall issue an order of payment according to law.
- 当事人对设区的市级职业病诊断鉴定委员会的鉴定结论不服的，可以向省、自治区、直辖市人民政府卫生行政部门申请再鉴定。 In case of disagreement with the appraisal result made by the occupational-disease-diagnosis appraisal committee under the district-constituted municipalities, the party concerned can apply to the public health authority under the people’s government of provinces, autonomous regions and centrally administered municipalities for reappraisal.
- 作业场所出现使用有毒物品产生的危险时，劳动者应当采取必要措施，按照规定正确使用防护设施，将危险加以消除或者减少到最低限度。 In case of hazards in workplaces due to the use of toxic substances, the workers shall take necessary measures, correctly use the safeguards in accordance with the provisions, and eliminate such hazards or reduce them to the minimum.
- 发生职业中毒事故时，有权参与事故调查处理；发现危及劳动者生命、健康的情形时，有权建议用人单位组织劳动者撤离危险现场，用人单位应当立即作出处理。 in case of occupational poisoning accidents, they shall have the right to participate in the investigation and handling of the accidents; under circumstances in which workers' lives and health are jeopardized, they shall have the right to suggest that the employing units should organize the evacuation of the workers from the premises in danger, and the employing units shall immediately take such measures.
- 在发生职业中毒事故时，应当采取有效措施，控制事故危害的蔓延并消除事故危害，并妥善处理有关善后工作。 in case of occupational poisoning accidents, they shall take effective measures to control the spreading of the accidental hazards and eliminate the accidental hazards, and deal with problems arising from the accidents.
- 职业中毒危害防护设备、应急救援设施和通讯报警装置处于不正常状态时，用人单位应当立即停止使用有毒物品作业；恢复正常状态后，方可重新作业。 In case that safeguards against occupational health hazards, emergency and first-aid facilities, and communication and alarm facilities are in abnormal conditions, the employing units shall immediately stop the operations in which toxic substances are used. The operations shall not restart unless all the aforesaid equipment and facilities are recovered to work normally.
- 用人单位发生分立、合并、解散、破产等情形的，应当对从事使用有毒物品作业的劳动者进行健康检查，并按照国家有关规定妥善安置职业病病人。 In case that the employing units are divided, merged, dissolved, or go into bankruptcy, they shall arrange health examinations for the workers engaging in the operations in which toxic substances are used and make appropriate arrangements for the patients suffering from occupational diseases in accordance with the relevant provisions of the State.
- 未采取前款规定措施或者采取的措施不符合要求的，用人单位不得安排劳动者进入存在高毒物品的设备、容器或者狭窄封闭场所作业。 In case that the measures specified in the preceding paragraph are not taken or the measures taken fail to satisfy the requirements, the employing units shall not assign their workers to enter and conduct operations in equipment, containers, or narrow or closed workplaces with high toxic substances.
- 用人单位违反法律、行政法规规定或者劳动合同约定的，工会有权要求用人单位纠正。 In case the employer is in violation of any law, administrative regulation or stipulations of the labor contract, the labor union is entitled to require the employer to make a correction.
- 用人单位依照本法有关规定应当向劳动者支付经济补偿的，在办结工作交接时支付。 In case the employer shall pay an economic compensation to the worker as required by relevant provisions of this Law, it shall make a payment upon completion of the procedures for the handover of the work.
- 用工单位无同类岗位劳动者的，参照用工单位所在地相同或者相近岗位劳动者的劳动报酬确定。 In case there is no worker in the same post in an accepting entity, the remunerations thereof shall be determined by referring that paid in the place where the accepting entity is situated to workers at the same or a similar post.
- 对劳动合同的无效或者部分无效有争议的，由劳动争议仲裁机构或者人民法院确认。 In the case of any dispute relating to the invalid or partially invalid labor contract, the labor dispute arbitration institution or the people's court shall be responsible for the confirmation.
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