发表于：2015-08-11 04:24:36|来源：Baker & MCKenzie|点击：
Placed Employees shall have the right to receive the same pay as that received by Employees of the Accepting Unit for the same work. If an Accepting Unit has no Employee in the same position, the labor compensation shall be determined with reference to the labor compensation paid in the place where the Accepting Unit is located to Employees in the same or a similar position.
Placed Employees have the right to lawfully join the Trade union of their staffing firm or the Accepting Unit or to organize such unions, so as to protect their own lawful rights and interests.
Placed Employees may terminate their employment contracts with their staffing firms pursuant to Article 36 or 38 hereof.
If any of the circumstances provided for in Article 39 and items (1) and (2) of Article 40 hereof applies to a placed Employee, his Accepting Unit may return him to the staffing firm, which may terminate its employment contract with him in accordance with the relevant provisions of this Law.
The placement of Employees shall generally be practiced for temporary, auxiliary or substitute job positions.
Employers may not establish staffing firms to place Employees with themselves or their subordinate units.
Section 3 Part-Time Labor
The term “part-time labor” means a form of labor for which the compensation is chiefly calculated by the hour and where the Employee generally averages not more than 4 hours of work per day and not more than an aggregate 24 hours of work per week for the same Employer.
The two parties to part-time labor may conclude an oral agreement.
A Employee who engages in part-time labor may conclude an employment contract with one or more Employers, but a subsequently concluded employment contract may not prejudice the performance of a previously concluded employment contract.
The two parties to part-time labor may not stipulate a probation period.
Either of the two parties to part-time labor may terminate the use of the labor by notice to the other party at any time. No severance pay shall be payable by the Employer to the Employee upon termination of the use of the labor.
The hourly compensation rate for part-time labor may not be lower than the minimum hourly wage rate prescribed by the People’s Government of the place where the Employer is located.
The labor compensation settlement and payment cycle for part-time labor may not exceed 15 days.
CHAPTER 6 MONITORING INSPECTIONS
The State Council’s labor administration authority shall be responsible for overseeing the implementation of the employment contract system nationwide. The labor administration authorities of local People’s Governments at the county level and above shall be responsible for overseeing the implementation of the employment contract system in their respective jurisdictions.
In the course of overseeing the implementation of the employment contract system, the labor administration authorities of People’s Governments at the county level and above shall consider the opinions of the Trade unions, the representatives on the side of the enterprises and the authorities in charge of the industries concerned.
The labor administration authorities of local People’s Governments at the county level and above shall conduct monitoring inspections of the implementation of the following aspects of the employment contract system, in accordance with the law:
(1) Employers’ formulation of rules and regulations that have a direct bearing on the immediate interests of Employees, and the implementation thereof;
(2) The conclusion and termination of employment contracts by Employers and Employees;
(3) Compliance with relevant regulations on placement by staffing firms and Accepting Units;
(4) Employers’ compliance with state regulations on Employees’ working hours, rest and leave;
(5) Employers’ payment of labor compensation as specified in the employment contracts and compliance with minimum wage rates;
(6) Employers’ enrollment in the various types of social insurance and payment of social insurance premiums; and
(7) Other labor matters requiring monitoring inspections, as specified in laws and administrative statutes.
● 中华人民共和国劳动合同法（英文版） ( 2015-08-11 )