Legislation

Guidelines for the Conclusion of Labour Contracts and Written Agreements for Workers in New Forms of Employment [released on 12 September 2023] (for Trial Implementation)

Country: China

Jurisdiction: National

Authority: Ministry of Human Resources and Social Security

Legislation type: Administrative guidance

Binding: No

Source: Visit page

Date of adoption: 2023

Legal Status: In effect

Platform(s): Location-based (All) Online (All)

Summary

These Guidelines regulate the conclusion of labour contracts and written agreements for workers in new forms of employment, including platform employment. The guidelines set that labour contracts must include basic information about the employer and the worker, contract duration, work content and location, working hours and rest, remuneration, social insurance, labour protection, and may also cover matters such as probation, training, and benefits.These must include details such as platform and worker information, order dispatch and confirmation, remuneration, working time and rest, occupational protection, contract changes, termination, liability for breach, and dispute resolution.

Additional provisions may be contained in the original Guidelines that are not covered in this summary. For complete information, please refer to the full text of the Guidelines.

Thematic areas

第十三条 书面协议的内容一般包括平台企业和劳动者的基本信息、订单推送与确认、报酬、服务时间与休息、职业保障以及协议的变更、解除和违约责任、争议解决等事项。

ENGLISH TRANSLATION

Article 13.The contents of written agreements generally include the basic information of platform enterprises and workers, order push and confirmation, remuneration, service time and rest, occupational protection, as well as matters such as the modification, termination and liability for breach of contract of the agreements, and dispute resolution.
第六条 企业要如实告知新就业形态劳动者与完成平台网约服务有关的情况，有权了解新就业形态劳动者与订立劳动合同或书面协议直接相关的基本情况，新就业形态劳动者应如实说明。

ENGLISH TRANSLATION

Article 6. When formulating or revising labour rules that directly involve the rights and interests of workers in new forms of employment, platform enterprises shall solicit opinions from workers in advance through prominent means such as pop-up windows in application programs, fully listen to the opinions and suggestions of trade unions or worker representatives, and inform workers of the adoption situation. Before determining to implement them, they shall publicize them to workers at least seven days in advance.
第十条 劳动合同应当明确用人单位和劳动者的基本信息、劳动合同期限、工作内容和工作地点、工作时间和休息休假、劳动报酬、社会保险、劳动保护等事项，可以约定试用期、培训、福利待遇等其他事项。

第十三条书面协议的内容一般包括平台企业和劳动者的基本信息、订单推送与确认、报酬、服务时间与休息、职业保障以及协议的变更、解除和违约责任、争议解决等事项。

ENGLISH TRANSLATION

Article 10. Labour contracts shall clearly state the basic information of the employer and the worker, the term of the labour contract, the work content and work location, working hours and rest and vacation, labour remuneration, social insurance, labour protection and other matters, and may stipulate other matters such as probation period, training and welfare benefits.

Article 13.The contents of written agreements generally include the basic information of platform enterprises and workers, order push and confirmation, remuneration, service time and rest, occupational protection, as well as matters such as the modification, termination and liability for breach of contract of the agreements, and dispute resolution.
第十条 劳动合同应当明确用人单位和劳动者的基本信息、劳动合同期限、工作内容和工作地点、工作时间和休息休假、劳动报酬、社会保险、劳动保护等事项，可以约定试用期、培训、福利待遇等其他事项。

第十三条书面协议的内容一般包括平台企业和劳动者的基本信息、订单推送与确认、报酬、服务时间与休息、职业保障以及协议的变更、解除和违约责任、争议解决等事项。

ENGLISH TRANSLATION

Article 10. Labour contracts shall clearly state the basic information of the employer and the worker, the term of the labour contract, the work content and work location, working hours and rest and vacation, labour remuneration, social insurance, labour protection and other matters, and may stipulate other matters such as probation period, training and welfare benefits.

Article 13. The contents of written agreements generally include the basic information of platform enterprises and workers, order push and confirmation, remuneration, service time and rest, occupational protection, as well as matters such as the modification, termination and liability for breach of contract of the agreements, and dispute resolution.
第十三条 书面协议的内容一般包括平台企业和劳动者的基本信息、订单推送与确认、报酬、服务时间与休息、职业保障以及协议的变更、解除和违约责任、争议解决等事项。

ENGLISH TRANSLATION

Article 13.The contents of written agreements generally include the basic information of platform enterprises and workers, order push and confirmation, remuneration, service time and rest, occupational protection, as well as matters such as the modification, termination and liability for breach of contract of the agreements, and dispute resolution.
第十条 劳动合同应当明确用人单位和劳动者的基本信息、劳动合同期限、工作内容和工作地点、工作时间和休息休假、劳动报酬、社会保险、劳动保护等事项，可以约定试用期、培训、福利待遇等其他事项。

第十三条书面协议的内容一般包括平台企业和劳动者的基本信息、订单推送与确认、报酬、服务时间与休息、职业保障以及协议的变更、解除和违约责任、争议解决等事项。

ENGLISH TRANSLATION

Article 10. Labour contracts shall clearly state the basic information of the employer and the worker, the term of the labour contract, the work content and work location, working hours and rest and vacation, labour remuneration, social insurance, labour protection and other matters, and may stipulate other matters such as probation period, training and welfare benefits.

Article 13.The contents of written agreements generally include the basic information of platform enterprises and workers, order push and confirmation, remuneration, service time and rest, occupational protection, as well as matters such as the modification, termination and liability for breach of contract of the agreements, and dispute resolution.