- 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） 与本单位订立较长期限的固定期限劳动合同的； (1) who have concluded relatively long-term fixed-term labor contracts with the Unit;
- （一）可能产生职业中毒危害的建设项目，未依照职业病防治法的规定进行职业中毒危害预评价，或者预评价未经卫生行政部门审核同意，擅自开工的； (1) without authorization, starting the operation of a construction project that is likely to cause any occupational poisoning hazard in case that no pre-assessment of occupational poisoning hazards has been carried out in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, or such pre-assessment fails to pass the examination and obtain approval of the administrative department for public health;
- （一）劳动者的职业史和职业中毒危害接触史； (1) workers' occupational history, and the history of exposure to occupational poisoning hazards;
- （一）符合第一条（一）、（二）、（三）项条件，抗日战争时期参加革命工作的，按本人标准工资的百分之九十发给。解放战争时期参加革命工作的，按本人标准工资的百分之八十发给。 (1)Workers, who comply with any one of the conditions listed in Article 1 (1), (2) and (3), and who joined revolutionary activities during the time of the Anti-Japanese War, are paid a cash pension equivalent to 90 per cent of their standard wage. Those who joined revolutionary activities during the time of the Liberation War are paid a cash pension equivalent to 80 per cent of their standard wage.
- （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) when his Unit introduces the labor contract system or the state-owned enterprise that employs him re-concludes its labor contracts as a result of restructuring, the laborer has been working for the Unit for a consecutive period of no less than 10 years or is less than 10 years away from his statutory retirement age; or
- （二） 与本单位订立无固定期限劳动合同的； (2) who have concluded non-fixed term labor contracts; or
- （二）符合第一条（四）项条件，饮食起居需要人扶助的，按本人标准工资的百分之九十发给，还可以根据实际情况发给一定数额的护理费，护理费标准，一般不得超过一个普通工人的工资；饮食起居不需要人扶助的，按本人标准工次的百分之八十发给。 (2)Workers who comply with Article 1 (4), and who need assistance by other people in their daily life are paid a cash pension equivalent to 90 per cent of their standard wage, and in accordance with their real situation they may be paid a certain amount of nursing subsidy which in general should not exceed the wage of an average worker; those who do not need any assistance form other people in their daily life are paid a cash pension equivalent to 80 per cent of their standard wage.
- （三） 家庭无其他就业人员，有需要扶养的老人或者未成年人的。 (3) who are the sole wage earner in their families and/or who have a dependant elderly person or minor for whom they are responsible.
- （三）建设项目竣工，未进行职业中毒危害控制效果评价，或者未经卫生行政部门验收或者验收不合格，擅自投入使用的； (3) without authorization, putting into use a completed construction project in case that no assessment of effect in the control over occupational poisoning hazards has been carried out, or the project fails to participate in or pass the inspection for acceptance by the administrative department for public health; or
- （三）未采取本条例规定的措施，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的。 (3) without taking the measures specified in these Regulations, assigning its workers to enter and conduct operations in equipment, containers, or narrow closed workplaces with high toxic substances.
- （四）因工致残，由医院证明，并弪劳动鉴定委员会确认，完全丧失劳动能力的。 (4)Workers disabled in work accidents, certified in hospital and confirmed by the labour appraisal committee as hospital and confirmed by the labor appraisal committee as being completely incapacitated.
- （五） 工作时间和休息休假； (5) working hours, rest and vacation;
- 获得全国劳动英雄、劳动模范称号，在退休时仍然保持其荣誉的工人； - Workers who were awarded the titles of natitional labor hero and labor model , and who retain their honour when they retire;
- 省、市、自治区革命委员会认为在革命和建设中有特殊贡献的工人； - Workers whom provincial, municipal and autonomous regional revolutionary committees consider as having made exemplary contributions to the revolution or construction;
- （二）劳动者不能胜任工作，经过培训或者调整工作岗位，仍不能胜任工作的； ????where a labourer is unqualified for his work and remains unqualified even ????after receiving a training or an adjustment to an other work post;
- （一）发生自然灾害、事故或者因其他原因，威胁劳动者生命健康和财产安全，需要紧急处理的； ????where prompt rush repair is needed in the event of breakdown of production ????equipment,
- （二）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的； ????where the employing unit forces the labourer to work by resorting to ????violence, intimidation or illegal restriction of personal freedom; or
- （一）劳动者患病或者非因工负伤，医疗期满后，不能从事原工作也不能从事由用人单位另行安排的工作的； ???where a labourer is unable to take up his original work or any new work arranged by the employing unit after the completion of his medical treatment ?for illness or injury not suffered at work;
- 企业职工的工资水平由企业根据当地人民政府或劳动行政部门发布的工资指导线，通过集体谈判确定。 Wage standards of the employees should be decided through collective negotiations by the FFEs according to the guideline promulgated by the local people's government of the labour administrative department.
- 假期内含产假的,产假期间按照国家规定发给工资。? Wages during the puerperal period shall be paid in accordance with the regulations of the State.
- 用人单位支付劳动者的工资不得低于当地最低工资标准。 Wages paid to labourers by the employing unit shall not be lower than the local standards on minimum wages.
- 警示说明应当载明产生职业中毒危害的种类、后果、预防以及应急救治措施等内容。 Warning specifications shall indicate varieties and consequences of occupational poisoning hazards and the corresponding preventive measures and emergency measures.
- 变更劳动合同，应当采用书面形式。 When a labor contract is modified, the amended provisions shall be recorded in written form.
- 用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。 When a Unit formulates, revises or decides on rules and regulations or material matters that have a direct bearing on the immediate interests of its laborers concerning labor remuneration, working hours, rest and vacations, occupational safety and health, insurance and welfare, employee training, working discipline or work quota management, etc. the same shall be discussed by the assembly of laborers’ representatives or all the laborers. The assembly of laborers’ representatives or all the laborers, as the case may be, shall put forward a proposal and comments, whereupon the matter shall be determined through negotiations with the labor union or employee representatives conducted on a basis of equality.
- 高毒作业场所职业中毒危害因素不符合国家职业卫生标准和卫生要求时，用人单位必须立即停止高毒作业，并采取相应的治理措施； When factors of occupational poisoning hazards in the workplaces where high toxic substances are used fail to meet the national occupational health standards and hygienic requirements, the employing units shall immediately stop operations involving high toxic substances, and take the corresponding control measures.
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