- 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
- 触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于重大环境污染事故罪、危险物品肇事罪或者其他罪的规定，依法追究刑事责任。 where it violates the criminal provisions, the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of major environmental pollution accident, the crime of causing an accident in the control over dangerous articles, or other crimes.
- 情节严重的，由劳动保障行政部门处骗取金额１倍以上３倍以下的罚款。 where the circumstances are serious, a fine of not less than one time but not more than three times the amount defrauded shall be imposed by administrative department of labor security.
- 用人单位依据本条规定裁减人员，在六个月内录用人员的，应当优先录用被裁减的人员。 Where the employing unit is to recruit personnel six months after the personnel reduction effected according to the stipulations of this Article, the reduced personnel shall have the priority to be re-employed.
- 用人单位违反前两款规定的，劳动者有权拒绝从事存在职业中毒危害的作业，用人单位不得因此单方面解除或者终止与劳动者所订立的劳动合同。 Where the employing units violate the provisions of the preceding two paragraphs, their workers shall have the right to refuse to engage in the operations involving occupational poisoning hazards, and consequently the employing units shall not unilaterally dissolve or terminate the labor contracts concluded with the workers.
- 造成严重职业中毒危害或者导致职业中毒事故发生的，对负有责任的主管人员和其他直接责任人员依照刑法关于危险物品肇事罪、重大责任事故罪或者其他罪的规定，依法追究刑事责任。 where the offender causes any serious occupational poisoning hazard or causes any occupational poisoning accident, the person in charge who is responsible therefor and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of causing an accident in the control over dangerous articles, the crime of negligently causing serious accidents or other crimes.
- 本条例施行后，国家对工伤保险待遇的项目和标准作出调整时，从其规定。 Where the State adjusts the items and standards of the welfare benefits of the work injury insurance after the implementation of these Regulations, the adjusted provisions of the State shall prevail.
- 劳动合同期限一年以上不满三年的，试用期不得超过二个月； Where the term of a labor contract is above one year but less than three years, the probation period thereof shall be less than two months.
- 劳动者违反竞业限制约定的，应当按照约定向用人单位支付违约金。 Where the worker is in violation of the stipulation on limitation of competition, he shall pay a penalty for breach of contract to the employer.
- 劳动者在已订立劳动合同期间因工作岗位或者工作内容变更，从事劳动合同中未告知的存在职业中毒危害的作业时，用人单位应当依照前款规定，如实告知劳动者，并协商变更原劳动合同有关条款。 Where the workers change their operating posts or work contents during the term of the labor contracts concluded and engage in the operations involving occupational poisoning hazards that are not specified in the labor contracts, the employing units shall, in accordance with the provisions of the preceding paragraph, truthfully inform the workers, and modify the relevant terms and conditions in the original labor contracts through consultation.
- 没有集体合同或者集体合同未规定的，实行同工同酬。 Where there is no collective contract or the collective contract does not specify, the Unit shall give the laborer equal pay for equal work.
- 造成职业中毒危害但尚未导致职业中毒事故发生，不够刑事处罚的，根据不同情节，依法给予降级、撤职或者开除的行政处分： where they cause occupational poisoning hazards but do not cause any occupational poisoning accident, and criminal punishments are too severe to apply to them, they shall be imposed such administrative sanctions as degrading, dismissal from their posts, or discharge from public employment in light of different circumstances:
- 不具备配备专职的或者兼职的职业卫生医师和护士条件的，应当与依法取得资质认证的职业卫生技术服务机构签订合同，由其提供职业卫生服务。 Where they have no conditions to assign such doctors and nurses, they shall sign contracts with the occupational health and technical service agencies that have obtained qualification certification according to law for the provision of occupational health services.
- 因患职业病或因工致残的职工，若本人要求解除劳动合同，企业应按当地政府规定，向社会保险机构缴纳因工致残就业安置费。职工患病或非因工负伤的医疗期限按现行规定执行。 Whereas an employee asks to terminate the labor contract due to occupational disease or becoming disabled because of work the enterprise should pay the social insurance agency the reemployment settlement fee for those who becoming disabled because of work in accordance with the stipulations of the local government. The time limit for medical treatment of an employee who is ill or gets injured not because of work is set according to the current regulations.
- 三年以上固定期限和无固定期限的劳动合同，试用期不得超过六个月。 With respect to a labor contract with a fixed period of above three years or without a fixed period, the probation term thereof shall not be in excess of six months.
- 对负有保密义务的劳动者，用人单位可以在劳动合同或者保密协议中与劳动者约定竞业限制条款，并约定在解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。 With respect to a worker who has the obligation of keeping secrets, the employer may stipulate limitation of competition clauses with the worker in the labor contract or in the confidentiality agreement and stipulate that economic compensations shall be given to the worker within the period of limitation of competition in terms of months after the labor contract is discharged or terminated.
- 孕期或者哺乳期的女职工,经本人申请,企业可以给予不超过二年的假期,放假期间发给生活费。 With respect to female staff and workers who are pregnant or breast-feeding, the Enterprises may, upon application by the females themselves, grant them leaves of absence of not more than two (2) years and distribute living expenses to them during such absences.
- 用人单位对需要复查和医学观察的劳动者，应当按照体检机构的要求安排其复查和医学观察。 With respect to the workers for whom the reexaminations and medical observations are required, the employing units shall arrange reexaminations and medical observations for them in accordance with the requirements of the physical examination institutions.
- 劳动者对危害生命安全和身体健康的劳动条件，有权对用人单位提出批评、检举和控告。 Workers are entitled to criticize, expose to the authorities or bring a lawsuit against the employer if the employer's work conditions may endanger their life safety and health.
- 改变退休费标准后的差额部分一律不予补发。已按有关规定办理了退职的工人，其待遇一律不再变动。 Workers shall not be eligible for repayment of any discrepancies due to the change of rates. Workers who have already resigned according to relevant regulations shall not have their benefits changed.
- 已按有关规定办理了退休的工人，其退休费标准低于本办法所定标准的，自本办法下达之月起，改按本办法规定的标准发给，但解放战争时期参加革命工作，连续工龄不满二十年的，只按本人标准工资的百分之七十五发给。 Workers who have already retired according to previous regulations and whose pension is below the norms set in the present regulations, should be changed accordingly from the month when the present regulations come into force. But for those, who joined revolutionary activities in the period of the Liberation War. and whose seniority of continuous service is less than 20 years, a cash pension equivalent to only 75 per cent of their standard wage shall be paid.
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