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Labor Contract Law

Chapter VII Legal Liability

Article 80 Where regulations with a direct bearing on the immediate interests of an employee are formulated by an Employer in violation of law or regulations, the labor administrative department shall order rectification and issue a warning; the Employer shall be liable for damages for any harm or loss caused to the employee by such regulations. 

Article 81 In case of failure by an Employer to set out the mandatory clauses in the labor contract as prescribed by this Law or to deliver the text of the labor contract to the employee, the labor administrative department shall order rectification thereof; the Employer shall be liable for damages for any harm or loss caused to the employee by such failure. 

Article 82 If an Employer concludes a written labor contract with an employee more than one month but less than one year after the date on which the employee has started work, the Employer shall, each month, pay to the employee twice his wage.

If an Employer fails, in violation of this Law, to conclude an open-ended labor contract with an employee, it shall, each month, pay to the employee twice his wage, starting from the date on which the open-ended labor contract should have been concluded.

Article 83 If the probation period concluded between an Employer and an employee violates this Law, the labor administrative department shall order rectification. If such probation period has been carried out, the Employer shall pay compensation to the employee according to the time worked on probation beyond the statutory probation period, at the rate of the worker's monthly wage following the completion of his probation.

Article 84 If an Employer violates this law by retaining an employee's resident ID card or other identity certificates, the labor administrative department shall order the same to be returned to the employee within a specific period of time and impose punishment in accordance with the provisions of relevant laws.

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