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Chine - Types de contrats de travail
+ show references
- Employment Contract Law [ECL], PRC President's Order No. 65
Date: 29 Jun 2007; voir le site internet
» (voir dans NATLEX
»)
- Implementation Regulations for the PRC Employment Contract Law (2200/08/09/18)
Date: 18 Sep 2008; voir le site internet
»
- Labour Law [LL], PRC President's Order No. 28
Date: 05 Jul 1994 (voir dans NATLEX
»)
- Employment Promotion Law [EPL]
Date: 30 Aug 2007 (voir dans NATLEX
»)
- Labor Dispute Mediation and Arbitration Law of the People's Republic of China, effective as of 1 May 2008
Date: 29 Dec 2007; voir le site internet
»
Durée maximale de la période d'essai: 6 mois
Remarks: - Art. 19 ECL.
The maximum duration of the probationary period varies according to the the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of specific task or an employment contract concluded for less than three months.
:
- Motifs autorisés de recours au CDD : aucune limitation
Remarks: - Art. 13 ECL: no material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to art. 14 ECL, "if an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract".
- Nombre maximum de CDD successifs: 2
Remarks: - Art. 14(3) ECL :" (..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract."
- Durée cumulée maximum de CDD successifs: 10 année(s)
Remarks: - Art. 14(1) ECL:
"(..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".
+ show references
- Employment Contract Law [ECL], PRC President's Order No. 65
Date: 29 Jun 2007; voir le site internet
» (voir dans NATLEX
»)
- Implementation Regulations for the PRC Employment Contract Law (2200/08/09/18)
Date: 18 Sep 2008; voir le site internet
»
- Labour Law [LL], PRC President's Order No. 28
Date: 05 Jul 1994 (voir dans NATLEX
»)
- Employment Promotion Law [EPL]
Date: 30 Aug 2007 (voir dans NATLEX
»)
- Labor Dispute Mediation and Arbitration Law of the People's Republic of China
Date: effective as of 1 May 2008
Date: 29 Dec 2007; voir le site internet
»
Durée maximale de la période d'essai: 6 mois
Remarks: - Art. 19 ECL.
The maximum duration of the probationary period varies according to the the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of specific task or an employment contract concluded for less than three months.
:
- Motifs autorisés de recours au CDD : aucune limitation
Remarks: - Art. 13 ECL: no material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to art. 14 ECL, "if an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract".
- Nombre maximum de CDD successifs: 2
Remarks: - Art. 14(3) ECL :" (..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract."
- Durée cumulée maximum de CDD successifs: 10 année(s)
Remarks: - Art. 14(1) ECL:
"(..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".
+ show references
- Employment Contract Law [ECL], PRC President's Order No. 65
Date: 29 Jun 2007; voir le site internet
» (voir dans NATLEX
»)
- Implementation Regulations for the PRC Employment Contract Law (2200/08/09/18)
Date: 18 Sep 2008; voir le site internet
»
- Labour Law [LL], PRC President's Order No. 28
Date: 05 Jul 1994 (voir dans NATLEX
»)
- Employment Promotion Law [EPL]
Date: 30 Aug 2007 (voir dans NATLEX
»)
- Labor Dispute Mediation and Arbitration Law of the People's Republic of China
Date: effective as of 1 May 2008
Date: 29 Dec 2007; voir le site internet
»
Durée maximale de la période d'essai: 6 mois
Remarks: - Art. 19 ECL.
The maximum duration of the probationary period varies according to the the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of specific task or an employment contract concluded for less than three months.
:
- Motifs autorisés de recours au CDD : aucune limitation
Remarks: - Art. 13 ECL: no material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to art. 14 ECL, "if an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract".
- Nombre maximum de CDD successifs: 2
Remarks: - Art. 14(3) ECL :" (..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract."
- Durée cumulée maximum de CDD successifs: 10 année(s)
Remarks: - Art. 14(1) ECL:
"(..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".
+ show references
- Employment Contract Law [ECL], PRC President's Order No. 65
Date: 29 Jun 2007; voir le site internet
» (voir dans NATLEX
»)
- Labour Law [LL], PRC President's Order No. 28
Date: 05 Jul 1994 (voir dans NATLEX
»)
- Employment Promotion Law [EPL]
Date: 30 Aug 2007 (voir dans NATLEX
»)
- Implementation Regulations for the PRC Employment Contract Law (2200/08/09/18); voir le site internet
»
- Labor Dispute Mediation and Arbitration Law of the People's Republic of China
Date: effective as of 1 May 2008
Date: 29 Dec 2007; voir le site internet
»
Durée maximale de la période d'essai: 6 mois
Remarks: - Art. 19 ECL.
The maximum duration of the probationary period varies according to the the duration of the employment contract, as follows:
- term ranging from 3 months to less than 1 year: maximum one month;
- term ranging from more than 1 year to less than 3 years: maximum two months;
- more than three years and open-ended contracts: maximum 6 months.
No probation period shall be specified in an employment contract concluded for the completion of specific task or an employment contract concluded for less than three months.
:
- Motifs autorisés de recours au CDD : aucune limitation
Remarks: - Art. 13 ECL: no material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to art. 14 ECL, "if an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract".
- Nombre maximum de CDD successifs: 2
Remarks: - Art. 14(3) ECL :" (..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract."
- Durée cumulée maximum de CDD successifs: 10 année(s)
Remarks: - Art. 14(1) ECL:
"(..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".
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