- 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
- (一)职工患病或非因工负伤，医疗期满后，不能从事原工作或不能从事由企业另行安排的工作的； 1. An employee inflicts an ill or injury not on post and thus cannot do the original work or other assignments by the FFE after the medical treatment period expires;
- （二）有与职业病危害防护相适应的设施； 13.2 Adoption of appropriate occupational-disease-prevention facilities;
- (二)试用期内不符合录用条件、职工不履行劳动合同、严重违反劳动纪律和企业依法制定的规章制度，以及被劳动教养或被判刑的，企业可以解除劳动合同； 2. A FFE may terminate the labor contract during the trial employing period of a certain employee when the employee is proved not up to the qualifications for recruitment, fails to carry out the contract, seriously violates labor discipline and the lawful statute of the enterprise, or has been convicted to forced labor or other pronounced guilty criminal punishment; and
- (二)职工经过培训、调整工作岗位，仍不能胜任工作的； 2. An employee can still not do the work after training or reassignment;
- (三)劳动合同订立时所依据的客观情况发生变化，致使原劳动合同无法履行，经双方协商不能就变更劳动合同达成协议的； 3. A contract fails to be carried out due to changes of conditions after the contract is signed and both sides cannot reach an agreement through consultations on changing the contract; and
- (三)企业以暴力、威胁、监禁或者其他妨害人身自由的手段强迫劳动；企业不履行劳动合同或者违反国家法律、行政法规，侵害职工合法权益的，职工可以解除劳动合同。 3. An employee may terminate the labor contract if forced to work for the FFEs under violent treatment, threat, or imprisonment or other means of restricting personal freedom by the FFE; or if the FFE fails to carry out the labor contract or violates the State laws, administrative regulations and infringes upon the legal rights and interests of the employee.
- （四）要求用人单位提供符合防治职业病要求的职业病防护设施和个人使用的职业病防护用品，改善工作条件； 36.4 Ask the Employer to provide the occupational-disease-prevention equipment and individual-used occupational-disease-prevention articles to improve the working conditions;
- （七）安排未经职业健康检查的劳动者、有职业禁忌的劳动者、未成年工或者孕期、哺乳期女职工从事接触职业病危害的作业或者禁忌作业的； 68.7 Assign the laborers without occupational-health examination, taboo-bound laborers, child labor or the female laborers in pregnancy or lactation to the occupational-disease-inductive operation or taboo operation;
- 退休费按本人标准工资的百分之九十发给，并享受原单位矽肺病人在离职休养期间的待遇。 A cash pension equivalent to 90 per cent of their standard wage should be paid and the same preferential treatment is given to them as to the colleagues in their work units on sick leave due to silicosis and taking a rest.
- 集体合同由工会代表企业职工一方与用人单位订立；尚未建立工会的用人单位，由上级工会指导劳动者推举的代表与用人单位订立。 A collective contract shall be concluded between the labor union that is on behalf of the enterprise workers as well as the employer. In case of any employer that may not have a labor union yet, the contract shall be concluded between the employer and a representative as chosen by the workers upon the guidance of the labor union at the next higher level.
- 集体合同由工会代表企业职工一方与用人单位订立； A collective contract shall be executed by the labor union, on behalf of the enterprise’s employees, and the Unit.
- 依法订立的集体合同对用人单位和劳动者具有约束力。行业性、区域性集体合同对当地本行业、本区域的用人单位和劳动者具有约束力。 A collective contract that has been concluded according to law is binding upon both the employer and the workers. An industrial or regional collective contract is binding upon both the employers and workers in the industry or in the region.
- 依法订立的集体合同对用人单位和劳动者具有约束力。 A collective contract that has been engaged in accordance with the law shall be binding on the Unit and the laborers.
- 随意加班加点的，应立即改正，不改正的，按超规定总工时数每人当月实得工资的时、日平均数的5倍处以罚款。 A FFE should correct at once the decision to ask employees to work extra hours and if it fails to do so, it will be imposed a fine which is 5 times the actual monthly or daily pay depending on the total extra time.
- 劳动合同变更需经双方协商同意，并办理劳动合同变更手续。劳动合同变更内容，可由劳动合同双方商定。 A labor contract may be revised upon agreement of both parties through consultation and due formalities should go through for the change. The content of the changes in the contract may be decided by both parties of the contract.
- 依法订立的劳动合同具有约束力，用人单位与劳动者应当履行劳动合同约定的义务。 A labor contract that is lawfully concluded shall instantly become legally binding, and both the Unit and the laborer shall perform their respective obligations there under.
- 从事非全日制用工的劳动者可以与一个或者一个以上用人单位订立劳动合同；但是，后订立的劳动合同不得影响先订立的劳动合同的履行。 A laborer who engages in non-full time labor may enter into a labor contract with one or more Units, but a subsequently executed labor contract may not prejudice or harm the rights and obligations under a previously executed labor contract.
- 县级以上地方建立地方各级总工会。 A locality at county level or above shall establish a local all-level federation of trade unions.
- 当事人对企业行政方面作出的辞退、开除、除名的处理不服的，可以要求依照国家有关处理劳动争议的规定办理。 A party disagreeing with the penalty decision of an enterprise's administrative authority to dismiss or remove the said party's name from its books may request that the case be dealt with in accordance with relevant State provisions on the handling of labour disputes.
- 以完成一定工作任务为期限的劳动合同或者劳动合同期限不满三个月的，不得约定试用期。 A probation period shall not be stipulated in a contract whose term is based on the completion of a specific amount of work or is less than three months.
- 建立工会组织的中外合资经营企业、中外合作经营企业、外资企业依照国家有关规定向本企业工会拨交经费。 A Sino-foreign joint equity enterprise, Sino-foreign cooperative enterprise or sole foreign investment enterprise establishing a trade union organization shall allocate funds to the said trade union pursuant to relevant State regulations.
- 工会可以派出代表对所属工会组织所在的企业、事业单位、机关就侵犯职工合法权益的问题进行调查，有关单位应当予以协助。 A trade union may appoint a representative to investigate problems in relation to infringements of the legal rights and interests of workers of the said enterprise or public institution within which it has been established and the said unit shall be obliged to provide the necessary assistance.
- 工会可以代表职工与企业、事业单位行政方面签订集体合同。集体合同草案应当提交职工代表大会或者全体职工讨论通过。 A trade union may represent workers in signing a collective contract with an enterprise or public institution's administrative authority. The draft of a collective contract shall be submitted to a meeting of employee representatives or the complete body of employees for discussion and adoption.
- 工会必须密切联系职工，听取和反映职工的意见和要求，关心职工的生活，帮助职工解决困难，全心全意为职工服务。 A trade union must liaise closely with workers, listen to and reflect their views and requirements, care for their livelihood, assist them in overcoming difficulties and serve them wholeheartedly.
- 工会有权参加伤亡事故和其他严重危害职工健康问题的调查，向有关部门提出处理意见，并有权要求追究直接负责的行政领导人和有关责任人员的责任。 A trade union shall have the right to participate in investigations into an accident resulting in a fatality or injury or other problems seriously endangering the health of workers. It may suggest resolutions to the relevant authorities, as well as have the right to require the pursuit of the liability of the administrative leaders directly responsible and other responsible parties.
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