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Nom: Decision of the Standing Committee of the National People's Congress on Amending the Employment Contract Law of the People's Republic of China (Order of the President of the People's Republic of China No. 73).
Pays: Chine
Sujet(s): Conditions d'emploi
Type de loi: Règlement, Décret, Arrêté, Ordonnance
Adopté le: 2012-12-28
Entry into force:
ISN: CHN-2012-R-92672
Lien: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=92672&p_lang=fr
Bibliographie: Legislation on-line Legislation on-line Chinalawinfo Co. Ltd., www.lawinfochina.com, Peking University, China (consulté le 2013-03-25)
Résumé/Citation: I. Article 57 is amended to read: "To engage in the labor dispatch business, an entity shall satisfy the following conditions:
(1) Its registered capital is not less than two million yuan;
(2) It has fixed business premises and facilities suitable for businesses;
(3) It has labor dispatch management rules in compliance with the provisions of laws and administrative regulations; and
(4) It satisfies other conditions prescribed by laws and administrative regulations.

To engage in the labor dispatch business, an entity shall apply to the labor administrative department for administrative licensing in accordance with law; and after obtaining licensing, shall undergo corresponding company registration formalities in accordance with law. No entity or individual may engage in the labor dispatch business without licensing."

It also amends:
- article 63 which provides that dispatched workers shall have the right to receive the same pay with that received by other employees for the same work;
- articles 66 concerning the distinction between employment under employment contracts which is the basic means for enterprises' employing workers in China and labor dispatch, which is a supplementary form and shall exclusively apply to provisional, auxiliary or substitutive positions; and
- article 92 concerning sanctions against labour dispatchers who violate the Employment Contract Law
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