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Labor Contract Law Previous Page
| Article 95 If a labor administrative authority or any other
relevant administrative authority or any of their personnel neglects
its/his duties, fails to perform its/his statutory duties or exercises
its/his authority in violation of the Law, thereby causing harm or loss to
an employee or an Employer, it/he shall be liable for damages; the direct
supervisor in charge and the other persons directly responsible shall be
subjected to administrative punishment in accordance with the law, if a
criminal offense is constituted, criminal liability shall be pursued in
accordance with the law. Chapter VIII Supplementary Provisions Article 96 Where laws or administrative regulations provide, or the State Council has formulated separate regulations with respect to the conclusion, performance, amendment, termination or revocation of labor contracts by and between institutions and those of their personnel that are subject to the labor system, those matters shall be handled in accordance with such regulations; in the absence of such regulations, matters shall be handled in accordance with this Law. Article 97 Labor contracts concluded in accordance with the law before the implementation of this Law and continuing to exist on the implementation date of this Law shall continue to be performed. For the purpose of item (3) of the second paragraph of Article 14 hereof, the number of consecutive occasions on which a fixed-term labor contract is concluded shall be counted from the first renewal of such contract to occur after the implementation of this Law. If an employment relationship was established prior to the implementation of this Law without a written labor contract, such contract shall be concluded within one month from the implementation of this Law. If a labor contract existing on the implementation date of this Law is terminated or revoked after the implementation of this Law and, in accordance with Article 46 hereof, financial compensation is payable, the number of years for which financial compensation is payable shall be counted from the implementation date of this Law. If, pursuant to relevant regulations in force prior to the implementation of this Law, the employee is entitled to financial compensation from the Employer in respect of a period preceding the implementation of this Law, the matter shall be handled in accordance with the relevant regulations that were in force at that time. Article 98 This Law shall be implemented from January 1, 2008. |
Labor Law of the People's Republic of China Labor Contract Law
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