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Labor Contract Law Previous Page
| Chapter II Conclusion of Labor Contracts Article 7 The employment relationship between an Employer and an employee shall commence on the date the employee commences work. The Employer shall keep a register of employees, for future reference. Article 8 The Employer shall truthfully advise the employee of the scope of work, the working conditions, the place of work, occupational hazards, production safety conditions, labor compensation and other matters requested by the employee; the Employer shall be entitled to the worker basic information of the employee that directly relates to the labor contract, and the employee shall truthfully provide the same. Article 9 When hiring an employee, the Employer shall not retain the employee's resident ID card or other documentation, nor demand the employee to provide security or collect property from him/her under some other guise. Article 10 A written labor contract shall be concluded when establishing an employment relationship. Where an employment relationship has been established without the conclusion of a written labor contract, the written labor contract shall be concluded within one (1) month from the date the employee commences work. Where an Employer and an employee conclude a labor contract before the employee commences work, the employment relationship shall be established on the date the employee commences work. Article 11 Where an Employer fails to conclude a written labor contract with an employee before the employee commences work, and it is unclear what labor compensation was agreed upon with the employee, the labor compensation for the newly recruited employee shall be paid in accordance with the standards stipulated in the collective contract; where there is no collective contract or the collective contract is silent on the matter, the principle of equal pay for equal work shall apply. |
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